Commonwealth Numbered Regulations

1996 No. 263 BANKRUPTCY REGULATIONS - REG 8.09

8.09. (1) Where the trustee of the estate of a bankrupt claims remuneration
under section 162 of the Act, the bankrupt or a creditor who is dissatisfied
with the amount of the claim may, by notice in writing lodged within 14 days
of being notified in writing or becoming aware of the amount of the claim,
request a taxing officer to tax the claim.

(2) The taxing officer must, promptly after receiving a request in accordance
with subregulation (1), give notice in writing to the trustee to lodge a
detailed bill of costs, in accordance with regulation 8.10, with the
taxing officer within 28 days or such further period as the taxing officer
may, in writing, allow.

(3) On receiving the bill of costs, the taxing officer must give notice in
writing of the date, time and place for the taxation, at least 5 days before
the taxation, to the trustee and the person requesting the taxation.

(4) Subject to subregulation (5), if the trustee fails to comply with a notice
given under subregulation (2):

   (a)  the trustee forfeits his or her right to disbursements and expenses;
        and

   (b)  any amount that, apart from this subregulation, would have been
        applied as the trustee's remuneration is to be applied for the benefit
        of the creditors.

(5) A trustee who is aggrieved by the operation of subregulation (4) in
respect of his or her claim, or intended claim, for costs may apply to
the Court for relief, and the Court may:

   (a)  grant such relief; and

   (b)  grant the relief on such terms, if any; as it thinks fit.