Queensland construction insolvencies continue at pace. Open Projects Group (OPG), described as South East Queensland’s largest full-service shopfitting and construction company, was placed into creditors’ voluntary liquidation in May 2026. The company’s managing director, Kane McCarthy, notified staff by email confirming that Robson Cotter Insolvency Group had been appointed as liquidator and that all trading had ceased.
The collapse left more than 75 employees without work and an unknown number of subcontractors, suppliers, and property owners exposed to potential losses.
If you are one of the creditors, subcontractors, or employees caught up in the Open Projects Group liquidation, the lessons from the Open Projects Group collapse apply to any Queensland construction insolvency. Here is what you need to know and what you should do.
Since this article was first published in January 2026, the liquidators at Robson Cotter Insolvency Group have completed a preliminary investigation into Open Projects Group’s collapse. Reporting published in July 2026 — including by the Gold Coast Bulletin and Insolvency Insider Australia — has now shed light on the scale and causes of the failure.
What the Liquidator’s Investigation Has Revealed
The figures are significant: creditor losses across the two collapsed OPG entities are estimated to exceed $80 million, with close to 1,000 creditors affected. That places the Open Projects Group liquidation among the larger Queensland construction insolvencies of 2025—26.
The investigation has focused on a number of standard insolvency recovery avenues, including:
- Insolvent trading: Whether the directors — including managing director Kane McCarthy — continued to incur debts after the company was unable to pay them as and when due. Under section 588G of the Corporations Act 2001 (Cth), directors who trade while insolvent can be made personally liable for those debts.
- Unfair preference claims: Payments made to creditors in the six months before the appointment of the liquidator may be recoverable as unfair preferences under section 588FA. Creditors who received significant payments from OPG in the lead-up to the collapse should be aware this review may be ongoing.
- Director conduct: The liquidator has discretion to refer evidence of potential misconduct to ASIC for enforcement action, including director disqualification.
Two separate OPG entities entered liquidation, which means the investigation spans both companies and their respective director and creditor pools. The process of realising assets and pursuing recoveries is expected to take some time.
For subcontractors, trade creditors, and employees who have not yet lodged a proof of debt with Robson Cotter Insolvency Group, do so now. Dividend distributions, when they occur, are made only to creditors who have lodged valid proofs of debt. Contact Robson Cotter directly if you have not received communication.
The lessons from OPG remain unchanged — but the scale of the creditor losses makes this one of the most significant reminders yet that early legal advice in a construction insolvency is not optional. If you are owed money by a company that has gone into liquidation, or if you are a director concerned about your personal exposure, contact Boss Lawyers immediately.
What Happens When a Company Goes Into Creditors’ Voluntary Liquidation?
When creditors vote to wind up a company, a liquidator is appointed to take control of the company’s assets, investigate its affairs, and distribute whatever remains to creditors in the order set by the law.
From the moment of appointment, the directors lose all authority over the company. Only the liquidator — in this case, Robson Cotter Insolvency Group — has authority to deal with company assets, contracts, and liabilities.
Trading stops. Bank accounts are frozen. Outstanding contracts are assessed. Employees are stood down.
The priority order for payment under section 556 of the Corporations Act 2001 (Cth) places employees ahead of most creditors: unpaid wages and entitlements rank before trade creditors and unsecured creditors. However, even with employee priority, the reality in most liquidations is that unsecured creditors — including most subcontractors — receive cents in the dollar, or nothing at all.
If You Are a Subcontractor or Trade Creditor
Your immediate priority is to protect your legal position. Do not assume the process will run itself — active creditors get better outcomes than passive ones.
1. Lodge a proof of debt with the liquidator as soon as possible.
Robson Cotter Insolvency Group will contact known creditors. However, if you have not heard from them, contact the firm directly and lodge your proof of debt promptly. Your entitlement to any dividend distribution depends on this being done.
2. Check whether you have a registered security interest.
If you supplied goods under a retention of title clause, or you have a registered interest on the Personal Property Securities Register (PPSR), you may be able to recover those goods or claim priority as a secured creditor. Act immediately — the liquidator has the power to deal with company assets, and any delay in asserting your rights could result in you losing them.
3. Do not sign anything from the liquidator without legal advice.
Liquidators may offer settlements or seek to disclaim contracts. Understand your rights and the commercial consequences before agreeing to anything.
4. Preserve all documentation.
Contracts, invoices, site records, correspondence, and payment records are your evidence. Secure digital and physical copies now.
5. Do not negotiate directly with the former directors.
Once a liquidator is appointed, the directors have no authority. Any agreement reached with the former directors is unenforceable against the company.
Can You Recover What You Are Owed?
The honest answer is: it depends. Creditors’ voluntary liquidations frequently return little or nothing to unsecured creditors, particularly trade creditors. However, there are several avenues worth investigating.
Dividend from liquidation: The liquidator will realise the company’s assets, pay the costs of the liquidation and priority creditors, and distribute the remainder to unsecured creditors.
Unfair preference claims: If OPG paid you within six months before the liquidation commenced, the liquidator may have the right to recover that payment as an unfair preference under section 588FA of the Corporations Act. If you receive a preference demand, get legal advice immediately — there are defences available.
Director liability for insolvent trading: If the company’s directors knew (or ought to have known) that OPG was insolvent and continued to incur debts, they may be personally liable for those debts under section 588G of the Corporations Act. Whether this is a viable avenue will depend on the findings of the liquidation investigation.
QBCC insurance: If OPG was a licensed Queensland building contractor performing residential work, some protections under the Queensland Home Warranty Scheme may be available to homeowners.
If You Are an OPG Employee
Employees are priority creditors in a liquidation. Unpaid wages, leave entitlements, and redundancy payments are covered by the priority creditor regime under section 556 of the Corporations Act.
The Fair Entitlements Guarantee (FEG) is a Commonwealth Government scheme that provides a safety net for employees whose employer is insolvent. FEG covers unpaid wages (up to 13 weeks), unpaid annual leave, unpaid long service leave, and redundancy pay (up to 4 weeks per year of service).
Kane McCarthy’s email to staff confirmed that Robson Cotter will contact employees directly about entitlements and FEG eligibility. Do not wait — visit the FEG website and lodge your claim as early as possible.
If You Are a Property Owner with an Incomplete Contract
If OPG was engaged to complete a shopfitting or construction project that is now unfinished, you will be an unsecured creditor for any deposit or progress payments made. Recovery through the liquidation process is unlikely to be full.
Your immediate priorities are: document the site condition with photographs, engage a new contractor promptly if you have lease obligations or operational timelines to meet, preserve all written contracts and correspondence, and take legal advice about your rights to terminate and claim damages.
How Boss Lawyers Can Help
Boss Lawyers acts for subcontractors, creditors, and business owners in Queensland construction insolvencies. We understand both insolvency law and the building and construction industry — which means we can advise you on your exposure, your options, and the fastest path to recovering what you are owed.
If your exposure in the OPG liquidation is significant, contact our experienced insolvency lawyers Brisbane or our construction lawyers Brisbane team today.
Call Mark Harley, Principal Solicitor: 1300 267 711
This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances. Boss Lawyers Pty Ltd | ABN 38 143 136 645 | Level 27, Santos Place, 32 Turbot Street, Brisbane QLD 4000 | 1300 267 711
