Litigation & Dispute Resolution
Wallace and Wallace Lawyers has one of the leading practices in commercial litigation and dispute resolution in the region. It is the only local law firm led by a Queensland Law Society Accredited Specialist in Commercial Litigation, Mr Greg Smart, partner.
Greg has practiced as both a litigation solicitor and a barrister at the private bar in Brisbane. Greg’s area of focus during his accreditation was corporate and personal insolvency. Greg has also completed the Insolvency Education Program conducted by the Insolvency Practitioners Association of Australia.
Greg is assisted by Lara Tom, solicitor.
We have a strong focus on court work and advocacy and our lawyers regularly appear in various courts. Where necessary, we have a panel of highly qualified barristers and experts in related fields (e.g. insolvency, town planning, building) with whom we work closely and effectively.
We understand that litigation and disputes are a major distraction to your business. Our philosophy is to manage litigation and disputes in such a way as to minimise the disruption to your everyday business.
We take a keen interest in our clients and their business. This allows us to focus strongly on providing advice and obtaining results that are contextually right for your business model. Taking a “one-size-fits-all” approach to litigation and dispute resolution simply doesn’t work.
Our team of litigation lawyers apply the principles of innovation, effectiveness and cost-efficiency to all matters, large and small, across a broad range of areas.
Despite offering a full suite of litigation services, our team also has practice in niche areas of the law such as insolvency law and planning and development law.
Frequently asked questions
Contract disputes most usually arise from a breach of contract, where one party has failed to honour the promises they made. Sometimes, however, disputes can arise where both parties have done everything in their power to comply, but they disagree about the interpretation of the contract; or even about which documents form the contract. We have a range of experience dealing with contract disputes of all sizes and in all industries, as well as interstate disputes.
Whenever there is a foreseeable risk of harm, a party has a duty of care to ensure that reasonable care is taken to avoid that harm. In a commercial setting, this usually arises in the context of an obligation to exercise the due skill and care of a competent tradesperson or professional when carrying out work; however can arise in a broad range of circumstances. Our lawyers have experience in a broad spectrum of negligence claims from defective workmanship to cranes falling over to cars driving into shop fronts.
Trade Practices / Consumer Protection / Sale of Goods
The Trade Practices Act 1974 has recently been replaced by the Australian Consumer Law. In broad terms, these acts (and similarly worded State legislation) prevent business from engaging in misleading and deceptive conduct or making false and misleading representations. Further, the legislation also offers consumers a broad suite of statutory warranties which cannot be contracted out of. That means the warranties may still apply even if the business tells you there is no warranty or other protections. We have experience with consumer protection claims of all types, from domestic products to financial services.