Amendments to the 1986 Rules8
After Rule 4.131A (review of remuneration) of the 1986 Rules insert—
Exceeding the fees estimate4.131AB
1
The liquidator’s remuneration must not exceed the total amount set out in the fees estimate without approval.
2
The request for approval must be made—
a
where the liquidation committee fixed the basis, to the committee;
b
where the creditors fixed the basis, to the creditors;
c
where the court fixed the basis, by application to the court;
and Rules 4.127 to 4.131 apply as appropriate.
3
The request for approval must specify—
a
the reasons why the liquidator has exceeded, or is likely to exceed, the fees estimate;
b
the additional work the liquidator has undertaken or proposes to undertake;
c
the hourly rate or rates the liquidator proposes to charge for each part of that additional work;
d
the time that additional work has taken or the liquidator anticipates that work will take;
e
whether the liquidator anticipates that it will be necessary to seek further approval; and
f
the reasons it will be necessary to seek further approval.