Berkeley Applegate Order Portable | Direct Link

Practitioners must apply for these orders early and with full disclosure. Failure to inform the court of existing claims or "statutory charges" can lead to orders being overturned and practitioners being forced to return fees.

The court ruled that it had the "equitable jurisdiction" to authorize payment to the liquidator from those trust assets. The logic is simple: if the beneficiaries (investors) had hired their own trustee to do this work, they would have had to pay them anyway. By letting the liquidator do it, the court ensures the work is done efficiently by the person who already has access to the company records. When Can an Order Be Made? berkeley applegate order

The general rule in insolvency is that a liquidator's fees are paid out of the company’s own assets, not from assets it holds on trust for clients or investors. However, if the company’s own funds are insufficient and the liquidator must perform significant work to identify, manage, and return trust assets to their rightful owners, the court may exercise its discretion to grant a Berkeley Applegate order. When the Order is Made Practitioners must apply for these orders early and