Document ID: chunk:federal_register_of_legislation:C2025C00167:schedule:2:p57
Version: federal_register_of_legislation:C2025C00167
Segment Type: schedule
Provision Reference: sch 2 (pt 57/95)
Character Range: 1007007–1009689

to which the trustee was, or is likely to be, required to accept a higher level of risk or responsibility than is usually the case;
 (h) the value and nature of any property dealt with, or likely to be dealt with, by the trustee;
 (i) the number, attributes and conduct, or the likely number, attributes and conduct, of the creditors;
 (j) if the remuneration is worked out wholly or partly on a time‑cost basis—the time properly taken, or likely to be properly taken, by the trustee in performing the work;
 (k) any other relevant matters.

90‑22  Rules about reviews
 (1) The Insolvency Practice Rules may provide for and in relation to reviews under this Subdivision.
 (2) Without limiting subsection (1), the Insolvency Practice Rules may provide for and in relation to any or all of the following matters:
 (a) the giving of notice to the trustee before beginning a review, or making an application for a review, under this Subdivision;
 (b) the powers and duties of the Inspector‑General in carrying out a review;
 (c) the decisions that may be made by the Inspector‑General in relation to the review;
 (d) the repayment of remuneration by the trustee as a consequence of a review under this Subdivision.

Subdivision D—Removal by creditors

90‑30  Subdivision applies to the Official Trustee
  This Subdivision applies to the Official Trustee in the same way as it applies to the trustee of a regulated debtor's estate.

90‑35  Removal by creditors

Creditors may remove trustee and appoint another
 (1) The creditors may:
 (a) by resolution at a meeting, remove the trustee of a regulated debtor's estate; and
 (b) by resolution at the same or a subsequent meeting, appoint another person as trustee of the regulated debtor's estate.
Note: For the general rules relating to meetings, see Division 75.
 (2) However, the creditors may not do so unless at least 5 business days' notice of the meeting is given to all persons who are entitled to receive notice of creditors' meetings.

Former trustee may apply to Court to be reappointed
 (3) A person (the former trustee) who has been removed as trustee of the regulated debtor's estate by resolution of the creditors may apply to the Court to be reappointed as trustee of the regulated debtor's estate.
 (4) If the former trustee makes such an application, the former trustee must:
 (a) record all costs incurred by the former trustee and the debtor's estate in relation to the application; and
 (b) do so in a way that separates those costs from the costs incurred by the former trustee and the regulated debtor's estate in relation to other matters.
 (5) The Court may order that the former trustee be reappointed as trustee