Document ID: chunk:federal_register_of_legislation:C2025C00167:schedule:2:p56
Version: federal_register_of_legislation:C2025C00167
Segment Type: schedule
Provision Reference: sch 2 (pt 56/95)
Character Range: 1004598–1007214

a loss may include an order that:
 (a) the trustee is personally liable to make good some or all of the loss; and
 (b) the trustee is not entitled to be reimbursed by the regulated debtor's estate or creditors in relation to the amount made good.

Section does not limit Court's powers
 (7) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑20  Application for Court order
 (1) Each of the following persons may apply for an order under section 90‑15:
 (a) a person with a financial interest in the administration of the regulated debtor's estate;
 (b) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
 (c) the Inspector‑General.
 (2) If an application is made by a person referred to in paragraph (1)(b), the reasonable expenses associated with the application are to be taken to be expenses of the administration of the estate.

Subdivision C—Review by Inspector‑General

90‑21  Review by Inspector‑General
 (1) The Inspector‑General may carry out a review of the remuneration received by the trustee of a regulated debtor's estate for services performed by the trustee in relation to the administration of the estate.
 (2) The Inspector‑General may carry out a review under this Subdivision:
 (a) on his or her own initiative; or
 (b) on application by the regulated debtor or a creditor.
 (3) The trustee, the regulated debtor or a creditor of the regulated debtor may apply to the Court for an order in relation to a decision of the Inspector‑General in relation to the review.
 (4) In making an order under subsection (3), the Court must have regard to whether the remuneration received by the trustee is reasonable, taking into account any or all of the following matters:
 (a) the extent to which the work by the trustee was necessary and properly performed;
 (b) the extent to which the work likely to be performed by the trustee is likely to be necessary and properly performed;
 (c) the period during which the work was, or is likely to be, performed by the trustee;
 (d) the quality of the work performed, or likely to be performed, by the trustee;
 (e) the complexity (or otherwise) of the work performed, or likely to be performed, by the trustee;
 (f) the extent (if any) to which the trustee was, or is likely to be, required to deal with extraordinary issues;
 (g) the extent (if any) 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