Queensland
Retaining Wall
Lawyers
If you:
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have an existing retaining wall and wish to understand your obligations in relation to it,
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have been approached by a neighbour who wants you to contribute towards the repair, maintenance or replacement of a retaining wall,
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have been sent a letter of demand regarding a retaining wall matter,
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have been sent a document to sign by your neighbour or a builder regarding a retaining wall,
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need help negotiating with your neighbour regarding a retaining wall dispute,
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are in dispute with your neighbour regarding a retaining wall, or
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have a current or anticipated court proceeding in relation to a retaining wall,
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are considering building a retaining wall,
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are a solicitor seeking confidential advice for a client before you advise them, or are seeking to refer a client to us,
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are a solicitor or barrister looking for somebody who can appear in Court as an expert witness regarding the current or former state of retaining wall law in Queensland,
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are a builder looking for advice before, during or after commencing works on a retaining wall,
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are a real estate agent looking to understand your obligations (particularly as to disclosure to prospective purchasers) in relation to a retaining wall situated on or near a property you’ve been asked to sell for a client,
Then we are the most qualified, experienced, knowledgeable law firm in Queensland which you could possibly engage to provide you with that advice.
We accept discreet briefs from other law firms who wish to fill skills and knowledge gaps within their firms, or seek an expert opinion before they advise their own clients. In such circumstances, we will never contact your client/s directly. Law firms, click to read more
It is all too common, where a person is trying to understanding their obligations in relation to a retaining wall, for the person to ring their local sole practitioner or a general practice law firm. The problem with doing so is that, although that practitioner or firm will usually say they can help (to avoid losing the client), that practitioner or firm will have either none or very limited experience in dealing with these complex types of matters. This almost always leads to significant delays in the provision of advice or the resolution of a dispute along with significant legal bills (particularly for ‘research’ charges where the practitioner needs to educate themselves) and a generalised anxiety by all involved as to the quality of the service being provided.
This is simply not safe for the client or the solicitor.
In order to provide you with the best service, we abide the following maxims:
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We will listen carefully to understand what you want to achieve.
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All of the options available to you in any given situation will be fully explained. You will always understand the full consequences of the decisions you are thinking of making.
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The advice we provide will be as short, simple and useable as it can safely be. We will communicate in plain English; we won’t speak to you in “Legalese”. We consider it our job to translate complex legal subjects and issues into their simplest possible terms to ensure you understand the position you’re in at every stage.
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Our lawyers work as a team.
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We are committed to your education and will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
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We only do what we're good at. You can be confident that we know what we're doing. Unlike other firms, we won't pass on the cost of our learning via inflated ‘research’ charges.
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For advice and documents, we can almost always provide a fixed or capped cost so you don’t take price risk. We can do this because our long experience in this niche field enables us to accurately predict the time we’re likely to spend on those tasks.
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Where the task you’re asking us to complete involves variables that impact the time we’re likely to spend working with you (such as court proceedings), we'll map out the process and give you a range of costs so you know what to expect and aren’t writing a blank cheque.
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We're not in this for our egos. We're in it for a front row seat to witness your success.
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Who is responsible for a retaining wall in Australia?The law in each state is different.
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Who is responsible for retaining wall on boundary Qld?This question is impossible to answer without at least a basic understanding of the facts of the case.
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What are the requirements for a retaining wall in Qld?This depends upon what is meant by requirements. If by requirements the asker is referring to planning and development, then it depends heavily upon the area in which the retaining wall is to be located as each local Government has their own requirements.
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If a retaining wall is entirely on my land, am I responsible for it?This is not, and has never been, the state of the law in Queensland.
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If a retaining wall solely benefits my property, am I responsible for it?This is not, and has never been, the state of the law in Queensland.
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If I previously paid for a retaining wall, am I automatically responsible for it?This is not, and has never been, the state of the law in Queensland.
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If I damaged a retaining wall, am I automatically responsible for repairing it?This is not, and has never been, the state of the law in Queensland.
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If a retaining wall is on the boundary, are the neighbours equally responsible for it?This is not, and has never been, the state of the law in Queensland.
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If my neighbour has built a retaining wall on my land, are they automatically responsible for it?This is not, and has never been, the state of the law in Queensland.
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Is uphill neighbour responsible for retaining wall Queensland?This is not, nor has it ever been, the state of the law in Queensland.
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Why shouldn’t I rely upon a Google search for my adviceA quick google search indicates there are several firms and community legal services continuing to offer ‘one size fits all’ advice on retaining wall disputes. Not surprisingly, the internet’s advice is frequently wrong. Even trying to find an answer to the basic question ‘Am I responsible for a retaining wall?’ is met with a spectrum of responses, mostly (and alarmingly) from law firms, ranging from ‘certainly yes’ to ‘certainly no’. What we find most curious is that people are willing to publish such definitive answers despite having no knowledge of (firstly) a retaining wall’s position, purpose or history and (secondly) the attitudes, budgets and risk appetites of the parties involved. What we generally find is that the authors of this online content have between zero and extremely limited knowledge or experience when it comes to the law and precedents relating to retaining walls in Queensland. One should treat such insights as suspicious and in no event rely upon it when making decisions of a legal nature. We frequently deal with self-represented litigants who have been led to error as to their rights and obligations under law because they relied upon the internet for advice. This is understandable but dangerous for everyone involved. Imagine if a pilot were relying upon answers from the internet to tell them how to fly a plane. We think the better approach is to contact the experts, receive proper advice and make informed decisions.
