Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p30
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 30/73)
Character Range: 6387469–6390367

not made under paragraph (a)—by the Court.
Note: For determinations made by the Court, see also section 60‑12 (matters to which the Court must have regard).
 (3) A determination under this section may specify remuneration that the external administrator is entitled to receive in either or both of the following ways:
 (a) by specifying an amount of remuneration;
 (b) by specifying a method for working out an amount of remuneration.

Remuneration on a time‑cost basis
 (4) If a determination under this section specifies that the external administrator is entitled to receive remuneration worked out wholly or partly on a time‑cost basis, the determination must include a cap on the amount of remuneration worked out on a time‑cost basis that the external administrator is entitled to receive.

More than one remuneration determination may be made
 (5) To avoid doubt, more than one determination under this section may be made in relation to a particular external administrator of a company and a particular external administration of a company.

60‑11  Review of remuneration determinations

Review on application
 (1) Any of the following may apply to the Court for a review of a remuneration determination for an external administrator of a company:
 (a) ASIC;
 (b) a person with a financial interest in the external administration of the company;
 (c) an officer of the company.
 (2) Paragraph (1)(c) has effect despite section 198G.
Note: Section 198G deals with powers of officers etc. while a company is under external administration.
 (3) On application under subsection (1), the Court may, if it considers it appropriate to do so, review the remuneration determination.
Note: See also section 60‑12 (matters to which the Court must have regard).

Court must affirm, vary or set aside remuneration determination
 (4) After reviewing the remuneration determination, the Court must:
 (a) affirm the remuneration determination; or
 (b) vary the remuneration determination; or
 (c) set aside the remuneration determination and substitute another remuneration determination.

Exception
 (5) Subsection (1) does not apply to a remuneration determination made by the Court.

60‑12  Matters to which the Court must have regard
  In making a remuneration determination under paragraph 60‑10(1)(c) or (2)(b), or reviewing a remuneration determination under section 60‑11, the Court must have regard to whether the remuneration is reasonable, taking into account any or all of the following matters:
 (a) the extent to which the work by the external administrator was necessary and properly performed;
 (b) the extent to which the work likely to be performed by the external administrator is likely to be necessary and properly performed;
 (c) the period during which the work was, or is likely to be, performed by the external administrator;
 (d) the quality of the work performed, or likely to be