Retaining Walls - Frequently Asked Questions

The law in each state is different.

This question is impossible to answer without at least a basic understanding of the facts of the case.

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.

This is not, and has never been, the state of the law in Queensland.

This is not, and has never been, the state of the law in Queensland.

This is not, and has never been, the state of the law in Queensland.

This is not, and has never been, the state of the law in Queensland.

This is not, and has never been, the state of the law in Queensland.

This is not, and has never been, the state of the law in Queensland.

This is not, nor has it ever been, the state of the law in Queensland.

A 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.

Approximately 98% of legal work is conducted by email and telephone these days. This, coupled with our very extensive investment in our information technology systems, enables our team to work Queensland-wide.

We appear in almost every Court across Queensland.

Most of our services are provided on a fixed price basis. We will do this whenever the variables that impact the amount of time we are likely to spend assisting you are reasonably clear at the outset.

Where the variables which impact the cost of providing legal services to you are not clear at the outset (for example in Court proceedings), we time-cost the work you ask us to do. On time-costed matters we will always provide you with a costs estimate before starting work on your matter, and you can decide to end our retainer at any time at no cost.

We have a policy on costs. It is:

a. to do whatever we can

b. at every stage

c. to keep your costs to an absolute minimum

While ensuring:

a. the work is done properly

b. your legal position is protected, and

c. you are kept fully informed.

We do not charge any fees for the administrative aspects of handling your matter, for example:

1. Opening your file;

2. Keeping your file open;

3. Storing your documents;

4. Invoicing;

5. Account queries;

6. Booking appointments and scheduling;

7. Administrative staff such as secretaries, receptionists or accounts personnel;

8. Closing your file.

As long as you would like it to.

We do not offer fixed-term contracts. We do not charge sign-up or exit fees.

You only pay us for the time we spend assisting you, and you are always in control of that.

You can start, pause, resume or end our retainer at any time.

It’s common for clients to ‘pause’ our work on their matter while they take a few steps (such as negotiating with their neighbour) themselves before asking us to ‘resume’ work. In fact we encourage this, where it’s safe to do so.

We are the market leader and subject matter experts in this complex area of law.

Notwithstanding the complexity, our advice is always simple and useable.

You are in control of the costs.

We are unmatched in our ability to resolve queries and disputes in relation to retaining walls.

No. We’re significantly more affordable, because this is all we do.

Because we are the most experienced solicitors in Queensland for this particular type of work, we are also far, far less likely to let you make a mistake that might cost you thousands, jeopardise your bargaining position, or be irretrievable. Wouldn’t you rather use a firm that gets it right the first time?

NOTE: Unlike other firms, we do not charge ‘care and consideration’. This is a percentage, often as high as 20%, which is added to a client’s bill for the time spent by a solicitor considering the matter globally in their own time. We have never added this type of charge to a client’s bill and we never will. Time is the only product we sell and you will only ever pay us for the time we actually spend working on your matter.

We are the lawyers your lawyer calls before advising you.

Dealing with a firm that works solely and exclusively on retaining wall matters will save you time, cost and stress.

Firms that rarely handle these types of matters are often anxious to qualify or check their opinions are accurate before providing them. This leads to delays.

Given our subject matter expertise, we are rarely asked a question we can’t answer immediately.

No more waiting weeks (if not months) for your usual solicitor to provide you with advice.

No more awkward conversations where your usual solicitor has to qualify their opinions by telling you “I’ll have to check the law, but…”