Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p17
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 17/34)
Character Range: 65427–68363

external administrator receives a notice of objection within the period mentioned in subrule (3), the external administrator must serve a copy of the originating process, or interlocutory process, seeking the determination on each creditor or contributory who has given a notice of objection.
 (6) An affidavit in support of the originating process, or interlocutory process, seeking the determination must:
 (a) include evidence of the matters mentioned in section 60‑12 of the Insolvency Practice Schedule (Corporations); and
 (b) state the nature of the work performed or likely to be performed by the external administrator; and
 (c) state the amount of remuneration claimed; and
 (d) include a summary of the receipts taken and payments made by the external administrator; and
 (e) state particulars of any objection of which the external administrator has received notice; and
 (f) if the external administration is continuing—give details of any matters delaying the completion of the external administration.

9.2A  Review of remuneration determination for external administrator (Insolvency Practice Schedule (Corporations) s 60‑11(1))
 (1) This rule applies in relation to an application under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination for an external administrator of a company.
Note 1: Section 60‑11 of the Insolvency Practice Schedule (Corporations) does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under section 489EC of the Corporations Act: see section 60‑2 of the Insolvency Practice Schedule (Corporations).
Note 2: An application may not be made under subsection 60‑11(1) of the Insolvency Practice Schedule (Corporations) for a review of a remuneration determination made by the Court under paragraph 60‑10(1)(c) or (2)(b) of that Schedule: see subsection 60‑11(5) of that Schedule.
 (3) At least 21 days before filing the originating process, or the interlocutory process, applying for a review, the plaintiff or applicant must serve a notice, in accordance with Form 16A, of intention to apply for the review and a copy of any affidavit on which the plaintiff or applicant intends to rely (other than an affidavit required by subrule (9)), on the following persons:
 (a) if there is a committee of inspection—each member of the committee;
 (b) if the remuneration of the external administrator was determined by the creditors—each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined;
 (c) each member of the company whose shareholding represents at least 10% of the issued capital of the company.
 (4) Within 21 days after the last service of the documents mentioned in subrule (3), any person on whom the notice has been served may serve on the plaintiff or applicant a notice:
 (a) stating the person's intention