SUPREME COURT (CORPORATIONS) RULES 1999 - REG 9.2
Determination by Court of remuneration of administrator (Corporations Act s 449E (1) (c) and (1A) (c))--Form 16
SUPREME COURT (CORPORATIONS) RULES 1999 - REG 9.2
Determination by Court of remuneration of administrator (Corporations Act s 449E (1) (c) and (1A) (c))--Form 16
9.2 Determination by Court of remuneration of administrator (Corporations Act
s 449E (1) (c) and (1A) (c))--Form 16
(1) This rule applies to an application by the administrator of a company
under administration, or of a deed of company arrangement, for an order under
paragraph 449E (1) (c) or (1A) (c) of the Corporations Act determining the
administrator's remuneration.
(2) At least 21 days before filing an
originating process, or interlocutory process, seeking the order, the
administrator must serve a notice in accordance with Form 16 of the
administrator's intention to apply for the order, and a copy of any affidavit
on which the administrator intends to rely, on the following persons:
(a) each
creditor who was present, in person or by proxy at any meeting of creditors,
(b) each member of any committee of creditors or committee of inspection,
(c)
if there is no committee of creditors or committee of inspection, and no
meeting of creditors has been convened and held, each of the 5 largest
(measured by amount of debt) creditors of the company,
(d) each member of the
company whose shareholding represents at least 10% of the issued capital of
the company.
(3) Within 21 days after the last service of the documents
mentioned in subrule (2), any creditor or contributory may give to the
administrator a notice of objection to the remuneration claimed, stating the
grounds of objection.
(4) If the administrator does not receive a notice of
objection within the period mentioned in subrule (3):
(a) the administrator
may file an affidavit, made after the end of that period, in support of the
originating process, or interlocutory process, seeking the order stating:
(i)
the date, or dates, when the notice and affidavit required to be served under
subrule (2) were served, and
(ii) that the administrator has not received any
notice of objection to the remuneration claimed within the period mentioned in
subrule (3), and
(b) the administrator may endorse the originating process,
or interlocutory process, with a request that the application be dealt with in
the absence of the public and without any attendance by, or on behalf of, the
administrator, and
(c) the application may be so dealt with.
(5) If the
administrator receives a notice of objection within the period mentioned in
subrule (3), the administrator must serve a copy of the originating process,
or interlocutory process, seeking the order on each creditor or contributory
who has given a notice of objection.