Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

Division 90 - Review of the administration of a regulated debtor ' s estate  

Subdivision B - Court powers to inquire and make orders  

SECTION 90-15   COURT MAY MAKE ORDERS IN RELATION TO ESTATE ADMINISTRATION  
Court may make orders

90-15(1)    
The Court may make such orders as it thinks fit in relation to the administration of a regulated debtor ' s estate.

Orders on own initiative or on application

90-15(2)    
The Court may exercise the power under subsection (1) :

(a)    on its own initiative, during proceedings before the Court; or

(b)    on application under section 90-20 .

Examples of orders that may be made

90-15(3)    
Without limiting subsection (1) , those orders may include any one or more of the following:

(a)    an order determining any question arising in the administration of the estate;

(b)    an order that a person cease to be the trustee of the estate;

(c)    an order that another person be appointed as the trustee of the estate;

(d)    an order in relation to the costs of an action (including court action) taken by the trustee of the estate or another person in relation to the administration of the estate;

(e)    an order in relation to any loss that the estate has sustained because of a breach of duty by the trustee;

(f)    an order in relation to remuneration, including an order requiring a person to repay to the estate of a regulated debtor, or the creditors of a regulated debtor, remuneration paid to the person as trustee.

Matters that may be taken into account

90-15(4)    
Without limiting the matters which the Court may take into account when making orders, the Court may take into account:

(a)    whether the trustee has faithfully performed, or is faithfully performing, the trustee ' s duties; and

(b)    whether an action or failure to act by the trustee is in compliance with this Act and the Insolvency Practice Rules; and

(c)    whether an action or failure to act by the trustee is in compliance with an order of the Court; and

(d)    whether the regulated debtor ' s estate or any person has suffered, or is likely to suffer, loss or damage because of an action or failure to act by the trustee; and

(e)    the seriousness of the consequences of any action or failure to act by the trustee, including the effect of that action or failure to act on public confidence in registered trustees as a group.

Costs orders

90-15(5)    
Without limiting subsection (1) , an order mentioned in paragraph (3)(d) in relation to the costs of an action may include an order that:

(a)    the trustee or another person is personally liable for some or all of those costs; and

(b)    the trustee or another person is not entitled to be reimbursed by the regulated debtor ' s estate or creditors in relation to some or all of those costs.

Orders to make good loss sustained because of a breach of duty

90-15(6)    
Without limiting subsection (1) , an order mentioned in paragraph (3)(e) in relation to a loss may include an order that:

(a)    the trustee is personally liable to make good some or all of the loss; and

(b)    the trustee is not entitled to be reimbursed by the regulated debtor ' s estate or creditors in relation to the amount made good.

Section does not limit Court ' s powers

90-15(7)    
This section does not limit the Court ' s powers under any other provision of this Act, or under any other law.