Residential Property Disputes

Are you currently in a dispute concerning your residential property? Don’t hesitate to speak with us. We’ll let you know where you stand, devise a strategy, and fight for you.

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Do you need a residential property dispute lawyer?

If you’re a residential property owner and you find yourself in a legal dispute, explore your legal options with Gibbs Wright Litigation Lawyers. Especially if you’re looking to pursue litigation. 

We can help you with a range of property disputes that can arise in Queensland. We have helped home owners with regular disputes such as boundary, fence or easement disputes, through to REIQ contract disputes, construction issues and disputes between owners. We have also assisted property developers, particularly around financial issues, builders, contractors and a range of other residential property disputes.

We can devise a strategy to defend you in court and ensure your rights are protected.  

Our team of property litigation lawyers have a proven track record of successfully resolving these kinds of property disputes, thanks to our strategic approach, strong litigation skills, and client-centred solutions. 

If you’re currently dealing with a property dispute, book a free consultation with us. We’ll let you know where you stand in your case and devise a strategy to help you achieve a favourable outcome.

Residential Property Disputes We Can Resolve

We work with residential property owners to achieve a favourable outcome in the following types of property disputes:
  • Disputes between owners (forced sale applications are no win, no fee*)
  • REIQ Contract Disputes
  • Caveats
  • Pest Inspector and Building inspector negligence
  • Construction defects and negligence
  • Fence disputes
  • Easement disputes
  • Boundary disputes
  • Property developer contract or financial issues
  • Builders, subcontractors and home owner issues
*A fee is payable if you agree to settle without the need to sell the property

How to get started

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1

Tell us your
legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know
where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.
1

Tell us your legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.

Why Gibbs Wright

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What we do is very simple: we sue people, defend people when they get sued and negotiate resolutions to disputes to prevent proceedings from commencing. It’s the only thing we do and we do it really well.

Having done this for many years, we know the law and the legal processes like the back of our hands. But more importantly, we know how to win. No matter the industry you’re in or how complex your situation is.
When we take on your legal matter, you know that our team of expert litigation lawyers will fight for you not just for the sake of it. We will fight relentlessly so you can get back to business as soon as possible.  

Hear it from our satisfied clients

Expert litigators, ready to fight for you.

Spencer Wright

Litigation Director

Spencer leads the strategic operations at Gibbs Wright, with a wealth of knowledge on Queensland law and business operations.

Melany Dowse

Special Counsel

Melany represents a range of clients from individuals and small businesses to body corporates and insolvency practitioners.

Mitchell Caldwell

Senior Litigation Solicitor

Mitchell provides practical, accurate and timely advice and unique solutions to assist corporate clients, small businesses and individuals across a range of areas including property, contract, and construction disputes. Mitchell works closely with all the team members of the firm to ensure that Gibbs Wright delivers first-class legal service, advice and representation.

Emma Bettridge

Special Counsel

Emma is an experienced commercial litigator with a proven track record of success in complex commercial disputes. With a wealth of experience obtained in both boutique and tier one firms, Emma is dedicated to providing her clients with practical and solutions-oriented advice.

David Thomas

Litigation Solicitor
David has practised predominantly in the areas of building and construction, commercial litigation and dispute resolution. Prior to becoming a lawyer, David was a construction electrician in the mining and oil and gas industries working on some of the largest projects in Australia.

John Clemente

Litigation Solicitor

John’s commitment to his clients is unparalleled. He is deeply perceptive, ensuring that every client receives personalised and effective counsel.

Frequently Asked Questions

  • What can I do if my neighbour is threatening me?

    If your neighbours are threatening you, your family or your property, then mediation may not be appropriate. Instead, you may be able to apply for a “peace and good behaviour order”.

    This type of order can be made by the Magistrates Court and will prevent someone from doing anything that may threaten you or your family. It is important to note that a peace and good behaviour order does not cover situations involving harassment or verbal abuse, but rather applies to more serious conduct, such as where your neighbour is threatening or attempting assault or causing property damage.

    If at any point, you fear for your or your family’s immediate safety due to the behaviour of a neighbour or anyone else, you should call 000.

    A litigation lawyer may be able to help obtain a court order to help prevent ongoing threats.

  • Do I have to engage a lawyer if I’m involved in a dispute with a neighbour?

    The cheapest (and often easiest and quickest) way to resolve any type of dispute that you may have with your neighbour is to communicate with them. In some circumstances, your neighbour might not even know that the problem exists, and by civilly addressing the issue, you may be able to resolve it amicably without escalation and maintain a respectful relationship with your neighbour.

    Being on good terms with your neighbour and talking to them before doing things, such as erecting a dividing fence or chopping branches off their tree and sending them the bill, can avoid potential disputes altogether.

    However, if your neighbour is aware of the issue and is unwilling to work with you, we can offer legal advice, negotiate on your behalf, and help you gain relief from a court or tribunal if necessary.

  • What should I do if my neighbour and I can't agree on the boundary line of our properties?

    We can negotiate with your neighbour and, if necessary, obtain expert evidence to determine the boundary of your land. Our approach typically starts with engaging in mediation, with the capability to instigate (or defend) court intervention to resolve the boundary dispute.

  • I just found out there are undisclosed defects in the house I bought. What are my options?

    You may have grounds for a breach of contract claim or negligence against your building inspector, depending on the situation. Whilst you do have some obligations as a buyer to beware of the state of the property, most buyers are not experts in building, and rely on others to disclose defects or potential issues. We can explore your options, including mediation or pursuing legal action if necessary.

  • Can I place a caveat on the property to protect my interest during a dispute?

    Yes, a caveat can be lodged on the property title to protect your interest. We can assist you in preparing and lodging a caveat, but it’s essential to have a valid  interest in the property, otherwise you may be liable for damages that are caused because of the caveat being placed on the property.

  • My building inspector missed significant issues in the property I purchased. Can I seek compensation?

    You may have a negligence claim against the building inspector. We can help you gather evidence of the inspector’s oversight and guide you through the process of seeking compensation.

  • What should I do if the seller breached the REIQ contract in my property transaction?

    We can review the contract to determine the nature of the breach and explore options, such as negotiating with the seller, seeking specific performance, or pursuing damages for any financial losses incurred due to the breach.

  • My neighbour's tree is encroaching on my property. What can I do?

    We can assess the situation and explore legal remedies, such as requesting the neighbour to trim the tree, negotiating an easement, or, if necessary, seeking a QCAT order to address the encroachment.

  • Can I recover my legal costs if I win a property dispute case?

    In some cases, it’s possible to recover legal costs, but it depends on the specific circumstances. Most litigation in Queensland courts have costs orders, but often QCAT (Queensland’s small claim’s tribunal) does not. Call us to discuss your matter, and ask about potentially recovering some or all of your legal costs.

Explore your legal options with Gibbs Wright Litigation Lawyers - Brisbane’s Leading Litigation Firm.

Our expert litigators will let you know where you stand and give you legal guidance.