Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p71
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 71/73)
Character Range: 6490622–6493456

to any or all of the following matters:
 (a) the giving of notice to the external administrator of a company before appointing, or making an application for the appointment of, a reviewing liquidator under this Subdivision;
 (b) the meaning, for the purposes of section 90‑26, of properly incurred in relation to costs or expenses incurred by an external administrator of a company;
 (c) the appointment of reviewing liquidators, including requirements as to who may be appointed and the provision of declarations of relevant relationships;
 (d) the powers and duties of reviewing liquidators in carrying out a review;
 (e) the form and content of reports by reviewing liquidators;
 (f) the preparation and provision of reports by reviewing liquidators.

Subdivision D—Removal by creditors

90‑30  Application of this Subdivision
  This Subdivision applies in relation to a company that is under external administration, other than a company in relation to which a provisional liquidator has been appointed.

90‑35  Removal by creditors

Creditors may remove external administrator and appoint another
 (1) The creditors may:
 (a) by resolution at a meeting, remove the external administrator of a company; and
 (b) by resolution at the same or a subsequent meeting, appoint another person as the external administrator of the company.
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.
 (3) The removal of an external administrator does not take effect until another person is appointed as external administrator of the company.

Former administrator may apply to Court to be reappointed
 (4) A person (the former administrator) who has been removed as external administrator of the company by resolution of the creditors may apply to the Court to be reappointed as external administrator of the company.
 (5) However, if the former administrator makes such an application, the former administrator must:
 (a) record all costs incurred by the former administrator and the company in relation to the application; and
 (b) do so in a way that separates those costs from the costs incurred by the former administrator and the company in relation to other matters.
 (6) The Court may order that the former administrator be reappointed as external administrator of the company if the Court is satisfied that the removal of the former administrator was an improper use of the powers of one or more creditors.
 (7) The Court may make such other orders in relation to the application as it thinks fit including orders in relation to:
 (a) the costs of the application; and
 (b) the remuneration of the former administrator.

Part 4—Other matters