Supreme Court (Corporations) (WA) Rules 2004
Part 9-Remuneration of officeholders


    9.2 Remuneration of administrator (Corporations Act s.449E(1)) 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 section 449E(1) of the Corporations Act fixing the administrator's remuneration.

    (2) The administrator must not apply for the order until after the date of the meeting of creditors mentioned in section 449E(1)(a) of the Corporations Act.

    (3) 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 the meeting of creditors;

    (b) each member of any committee of creditors;

    (c) each member of the company whose shareholding represents at least 10% of the issued capital of the company.

    (4) Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of objection.

    (5) If the administrator does not receive a notice of objection within the period mentioned in subrule (4)

    (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 (3) were served; and

    (ii) that the administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4);

    (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.

    (6) If the administrator receives a notice of objection within the period mentioned in subrule (4), 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.

    (7) An affidavit in support of the originating process, or interlocutory process, seeking the order must

    (a) state the nature of the work carried out by the administrator;

    (b) state the amount of remuneration claimed;

    (c) include a summary of the receipts taken and payments made by the administrator for the period for which remuneration is claimed;

    (d) state particulars of any objection of which the administrator has received notice; and

    (e) if the administration is continuing give details of any matters delaying the completion of the administration.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.