Document ID: chunk:federal_register_of_legislation:C2025C00167:schedule:2:p58
Version: federal_register_of_legislation:C2025C00167
Segment Type: schedule
Provision Reference: sch 2 (pt 58/95)
Character Range: 1009463–1012187

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 of the regulated debtor's estate if the Court is satisfied that the removal of the former trustee was an improper use of the powers of one or more creditors.
 (6) 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 trustee.

Part 4—Other matters

Division 95—Introduction

95‑1  Simplified outline of this Part

      This Part deals with a variety of matters:
             (a) the trustee of a regulated debtor's estate may assign a right to sue; and
             (b) the Minister has power to make rules to be called the Insolvency Practice Rules.

Division 96—Administrative review

96‑1  Review by the Administrative Review Tribunal
  Applications may be made to the Administrative Review Tribunal for review of any of the following decisions:
 (a) a decision of a committee under section 20‑20 in relation to an application for registration as a trustee;
 (b) a decision of a committee under section 20‑55 in relation to an application for the variation or removal of a condition of registration;
 (c) a decision of the Inspector‑General to give a direction to a registered trustee under section 40‑15 not to accept further appointments;
 (d) a decision of the Inspector‑General to suspend the registration of a person as a trustee under section 40‑25;
 (e) a decision of the Inspector‑General to cancel the registration of a person as a trustee under section 40‑30;
 (f) a decision of a committee under section 40‑55 (disciplinary action by committee);
 (g) a decision of a committee under section 40‑85 in relation to an application to lift or shorten the suspension of a person's registration as a trustee.

Division 100—Other matters

100‑1  Division applies to the Official Trustee
  This Division applies to the Official Trustee in the same way as it applies to the trustee of a regulated debtor's estate.

100‑5  Trustee may assign right to sue under this Act
 (1) Subject to subsections (2) and (3), the trustee of a regulated debtor's estate may assign any right to sue that is conferred on the trustee by this Act.
 (2) If the trustee's action has already begun, the trustee cannot assign the right to sue unless the trustee has the approval of the Court.
 (3) Before assigning any right under subsection (1), the trustee must give written notice to the creditors of the proposed assignment.
 (4) If a right is assigned under this section,