Insights

December 9, 2025

Case Study: Advocating for Members During Insolvency – A $2.18M Recovery


Introduction

Unpaid super is a significant concern in Australia, impacting the retirement savings of millions of workers. Analysis conducted by the Super Members Council (SMC)* shows that in 2022–2023 (the most recent year for which data is available), the total unpaid super amount was $5.7 billion. According to the same report, the Australian Taxation Office (ATO) recovers only a fraction of this yearly amount. As a result, super funds have to take measures of their own, such as implementing a recoveries program facilitated by companies like IFS, to recover unpaid super on behalf of their members.

Recovering these entitlements becomes even more complex and time-consuming when companies enter administration or liquidation. This case study highlights how our Super Recoveries team successfully navigated a challenging liquidation process to secure $2.18 million in unpaid super for members across major funds.

The Challenge

In September 2018, a company entered administration and was placed into liquidation the following month. The situation involved:

• Multiple legal proceedings, including property transfers and preferential payment disputes

• A significant investigation into unpaid super, requiring reconciliation of records dating back several years

For affected members, the stakes were high, their retirement savings were at risk.

Our Approach

Our team worked closely with the appointed liquidators and legal representatives to:

• Lodge proof of debt documentation for super entitlements

• Conduct detailed investigations and reconcile historical records

• Support litigation efforts to recover assets and ensure compliance

This process required persistence, collaboration, and a deep understanding of super regulations and recovery mechanisms.

The Outcome

After extensive legal action and investigations, a dividend payment was made on 17 October 2025, totaling $5.32 million. This represented 100 cents in the dollar return for super entitlements, paid to the ATO and distributed to members.

Our recoveries for major funds included:

• Rest Super: 350 members – $2.12 million

• AustralianSuper: 24 members – $32k

• Hostplus: 16 members – $25k

• Cbus Super: 2 members – $3.4k

In total, $2.18 million was recovered for members across these funds.

Impact

This outcome ensured that hundreds of members of our partner funds received their rightful super contributions, which meant their funds are now back in their accounts earning interest via the power of compounding, reinforcing trust in the system and protecting their financial futures. It also demonstrates the critical role our team plays in safeguarding member outcomes during complex insolvency events.

Reflections on the Recovery

Helen Thalassinos, Insolvency Case Officer

“From the moment the company entered administration, we acted quickly to protect members’ interests. Within days, we began investigating and identified discrepancies in the exact amount of the super liability.
Working closely with the External Administrators, we provided detailed records and supported reconciliation efforts throughout a complex process that included lengthy legal proceedings.
Ultimately, our persistence paid off when we received confirmation that a dividend would be paid. This achievement delivered a positive result for hundreds of members and reflects the team’s unwavering commitment to protecting member entitlements.”

Looking Ahead

If your fund is facing challenges with unpaid super or employer insolvency, our team can help. We combine legal expertise, investigative rigor, and industry knowledge to deliver results that matter for members.

Contact us today to learn more about our recovery services.

*Super Members Council (SMC) Report - Payday super: solving the unpaid super crisis. August 2025

We believe your members deserve the best retirement. And that starts with financial education, advice and unpaid super recovery – so talk to us today.
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