Company Liquidation: Who Gets Paid First?

Table of Contents

Share at:

When a company enters liquidation in Australia, a major issue for the liquidator and the creditors is the order in which the proceeds will be distributed. Creditors are those that a company owes money to. Usually, a creditor is owed money because they have provided goods or services, or made loans to the company.

What is Liquidation?

When a company is in financial trouble, its shareholders, creditors, or the court can put the company in liquidation to wind up and finalise the company’s affairs. Generally, this involves collecting assets and investigating and organising the distribution of funds. Liquidation can occur in two main ways. Either the court may order it, or through a creditors’ voluntary liquidation.

Liquidation of an insolvent company occurs when an independent and suitably qualified person (the liquidator) takes over the company in order to manage and wind up the repayments to creditors in a fair and just manner.

Need specialised advice regarding your company?

Contact a Lawpath consultant on 1800 529 728 to learn more about company registration, customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

What is the Order of Payment?

The order of payments to creditors depends on whether they are a secured or unsecured creditor, with the former holding priority. The priority of payment in liquidation are as follows:

  • The costs of liquidation are paid first to ensure there is a professional available to complete the liquidation transition.
  • Next, secured creditors receive a payment if they hold security over the company’s assets. This is someone who has a registered security Interest or mortgage over the company
  • Priority unsecured creditors (also known as employees) share any remaining surplus;
  • Finally, unsecured creditors (such as customers, contractors, and suppliers) receive payment;
  • Shareholders come last in the order of priority.

Isn’t That Unfair for Employees?

In some situations, employees not only lose their job but may not be repaid their wages. Fortunately, they may be able to recover some of their losses through the Fair Entitlements Guarantee (FEG). The FEG is a scheme allowing employees of liquidated companies to claim up to 13 weeks of unpaid wages, annual leave, and more.

Final Thoughts

If your company goes into liquidation it is important to remember that there is an order of priority when it comes to who gets paid. 

If you are considering a company liquidation, you should speak with an insolvency specialist. You can get a free quote or speak with one of our Insolvency Lawyers today.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

9 Virtual Office Benefits To Know (Before You Dismiss the Idea)

On the fence about getting a virtual office for your business? Here are 9 virtual office benefits that will change your mind.

Understanding Document Retention Legal Requirements

In some instances, the law requires you to retain documents and data. In others, it requires you to destroy them. Read this article to find out about document retention requirements, relevant periods, and commercial best practice.

Should You Use A Mutual or One-Way NDA? (2027 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Property Ownership: How Far Do Your Land Rights Reach?

Struck gold? Photographed from above? What does the law say about your rights to the surface, airspace and soil below your land? Read this to find out more.

Letter of Resignation Sample (2027 Update)

Resigning from your job isn't always an easy thing to do. Create your free Letter of Resignation (Company) by using our sample.

Legal Documents You Need For Your Online Business in 2027

This article is a guide to all legal documents your online business needs in 2027.