Bankruptcy Act 1966
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Part VIII of the Act is modified by inserting Division 1A before Division 1:
]Division 1A - Interpretation
SECTION 154A INTERPRETATION
154A
In this Part, in its application to Part X , a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.
View history note
Hide history noteDiv 2 heading substituted by No 11 of 2016, s 3 and Sch 1 item 51, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. The heading formerly read:
Division 2 - Remuneration and costs
(Repealed by No 11 of 2016)
S 167 repealed by No 11 of 2016, s 3 and Sch 1 item 53, applicable in relation to the administration of regulated debtors
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estates on and after 1 September 2017. S 167 formerly read:
The regulations may make provision for and in relation to:
SECTION 167 REVIEW OF REMUNERATION ETC.
167(1)
Trustee
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s remuneration.
(a)
the Inspector-General reviewing decisions of the trustee of the estate of a bankrupt to withdraw, or to propose to withdraw, funds from the estate for payment of the trustee
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s remuneration; and
(b)
the bankrupt or a creditor of the bankrupt applying for the review.
167(2) Payment to third parties.
The regulations may make provision for and in relation to:
(a) the Inspector-General reviewing a bill of costs for services provided by a person (the third party ) in relation to the administration of a bankrupt ' s estate; and
(b) the trustee of the estate applying for the review.
167(3) Content of regulations.
The regulations may provide for:
(a) the powers available to the Inspector-General in relation to the review; and
(b) the trustee or the third party to provide information or documents to the Inspector-General; and
(c) the decisions that may be made by the Inspector-General in relation to the review; and
(d) the notification of decisions made by the Inspector-General.
167(4) Repayment - trustee.
The regulations may provide that, if the Inspector-General is satisfied that a withdrawal by the trustee of funds from the estate of the bankrupt for payment of the trustee ' s remuneration exceeds the amount of remuneration the trustee is entitled to under this Division, the Inspector-General may require the trustee to repay the excess to that estate.
167(5)
The amount of the excess is recoverable by the Inspector-General, as a debt due to the estate of the bankrupt, by action against the trustee in a court of competent jurisdiction.
167(6) Appeal to the Court.
The trustee, the bankrupt or a creditor of the bankrupt may appeal to the Court from a decision of the Inspector-General in relation to the review. In addition, if the review is of the kind mentioned in subsection (2), the third party may also appeal to the Court from a decision of the Inspector-General in relation to the review.
167(7) Interpretation.
Subsections (3) and (4) do not limit subsections (1) and (2).
S 167 substituted by No 106 of 2010, Sch 1 item 13, effective 1 December 2010. S 167 formerly read:
S 167(1) amended by No 12 of 1980, s 85, substituted by No 44 of 1996, Sch 1, Pt 1(303). S 167(3) amended by No 44 of 1996, Sch 1, Pt 1(304). S 167(4) amended by No 44 of 1996, Sch 1, Pt 1(305) and (306). S 167(5) amended by No 44 of 1996, Sch 1, Pt 1(306). S 167(6) substituted by No 12 of 1980, s 85; amended by No 44 of 1996, Sch 1, Pt 1(307).
taxing officer
S 167(9) substituted by No 12 of 1980, s 85 and No 44 of 1996, Sch 1, Pt 1(308).
SECTION 167 TAXATION OF COSTS
167(1)
The trustee of a bankrupt
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s estate may require a bill of costs for services provided by a person in relation to the administration of the estate to be taxed by a taxing officer. The trustee may make the requirement on the trustee
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s own initiative, or at the request of the bankrupt or a creditor.
167(2)
(Omitted by No 44 of 1996, Sch 1, Pt 1(303).)
167(3)
A person whose bill of costs is required to be taxed may deliver for taxation a bill containing detailed items or a bill for a gross sum.
167(4)
Where a bill of costs for a gross sum is delivered for taxation, the person by whom the bill is delivered shall furnish the taxing officer with such details of the costs covered by the bill as the taxing officer requires.
167(5)
The taxing officer shall satisfy himself or herself before passing a bill that the employment of the person in respect of the particular matters out of which the costs arise was duly authorized and was reasonable and necessary.
167(6)
Where the trustee proposes to distribute a final dividend, the trustee shall, not later than 28 days before the date on which the trustee proposes to do so, request each person whose bill of costs is required to be taxed to give the person
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s bill to a taxing officer.
167(7)
If a person so requested to deliver his or her bill fails to do so within 28 days after receipt of the request, the trustee shall declare and distribute the dividend without regard to any claim of that person in respect of the matters as to which the bill was requested and in that case neither the trustee nor the estate of the bankrupt is under any further liability in respect of the claim.
167(8)
A person interested may appeal to the Court from a decision of the taxing officer in allowing or disallowing a bill of costs or bill of charges or an item in such a bill.
167(9)
In this section:
means a person appointed by the Inspector-General for the purposes of this section.
No 106 of 2010, Sch 1[17] contains the following application provision:
17 Application
The amendments made by this Schedule apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which this item commences.
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