Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p14
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 14/34)
Character Range: 57778–60522

special manager be appointed; and
 (b) details of the remuneration proposed to be paid to the special manager; and
 (c) whether any committee of inspection in the winding up, or a meeting of creditors, has approved the appointment of a special manager.

8.2  Security given by special manager (Corporations Act s 484)
 (1) The Court may, from time to time, direct that the amount of security given by a special manager be varied.
 (2) Unless the Court otherwise directs, the costs of furnishing the security given by a special manager in respect of a particular winding up:
 (a) are the personal expenses of the special manager; and
 (b) must not be charged against the property of the company as an expense incurred in the winding up.

8.3  Special manager's receipts and payments (Corporations Act s 484)
 (1) A special manager must give to the liquidator:
 (a) an account of the special manager's receipts and payments; and
 (b) a statutory declaration verifying the account.
 (2) If the liquidator approves the account, the liquidator must include the total amounts of the special manager's receipts and payments in the liquidator's accounts.

Division 9—Remuneration of office‑holders

9.1  Remuneration of receiver (Corporations Act s 425(1))—Form 16
 (1) This rule applies to an application by a receiver of property of a corporation for an order under subsection 425(1) of the Corporations Act fixing the receiver's remuneration.
Note 1: Under paragraph 425(2)(b) of the Corporations Act, the Court may exercise its power to make an order fixing the remuneration of a receiver appointed under an instrument even if the receiver has died, or has ceased to act, before the making of the order or the application for the order.
Note 2: The amendment to section 425 of the Corporations Act made by the Corporations Amendment (Insolvency) Act 2007 applies in relation to a receiver appointed on or after 31 December 2007—see Corporations Act s 1480(5).
 (2) At least 21 days before filing an originating process, or interlocutory process, seeking the order, the receiver must serve a notice in accordance with Form 16 of the receiver's intention to apply for the order, and a copy of any affidavit on which the receiver intends to rely, on the following persons:
 (a) the person who appointed the receiver;
 (b) any creditor holding security over all or any of the same property of the corporation (except if the creditor is the person who appointed the receiver);
 (c) any administrator, liquidator or provisional liquidator of the corporation;
 (d) any administrator of a deed of company arrangement executed by the corporation;
 (e) if there is no person of the kind mentioned in paragraph (c) or (d):
 (i) each of the 5 largest (measured