A liquidator's costs agreement with solicitors does not require court approval under s 477(2B) of the Corporations Act 2001 (Cth) where the agreement creates obligations on the liquidator personally rather than on behalf of the company. A retainer of solicitors is distinct from a costs agreement and does not necessarily require approval under s 477(2B). Where approval is required but has not been obtained, the court may grant approval nunc pro tunc having regard to the nature and terms of the agreement, the circumstances in which it was entered into, and the absence of prejudice. Claims for declaratory relief are not subject to limitation periods under the Limitation Act 2005 (WA). The question of whether an act done without s 477(2B) approval is void or voidable remains unresolved.
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