Alleged misconduct by a liquidator is a relevant factor in the court's determination of remuneration under s 473(3)(b)(ii) of the Corporations Act 2001 (Cth) and should be addressed in that context rather than being confined to separate s 536 proceedings. The reduction of remuneration for misconduct is not punitive but reflects that acting in breach of duty is not part of the liquidator's function. Where misconduct is alleged, a two-stage procedure is appropriate: first, a registrar quantifies remuneration in the usual way while identifying the work to which complaints relate; second, a judge assesses the misconduct allegations and their impact on remuneration.
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