Commercial 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.
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.
the best defence begins with
THE RIGHT LAWYER
Litigation & Dispute Resolution Team
The commercial litigation and dispute resolution team is led by Greg Smart, partner and Queensland Law Society Accredited Specialist. Greg is assisted by Lara Tom and Dannielle Woodward, solicitors.
What is an Accredited Specialist?
An Accredited Specialist is a person who is recognised by the Queensland Law Society as being an expert in their field of law. The program provides the general public with a reliable way to identify lawyers who have a high level of expertise in a particular area. Greg Smart, partner, is an Accredited Specialist in Commercial Litigation and has practiced as both a litigation solicitor and a barrister at the private bar in Brisbane.
An Accredited Specialist must meet the following criteria as set down by the Queensland Law Society:
- Pass a comprehensive and rigorous examination process developed by legal professional experts to demonstrate they have the required knowledge and skills to be an Accredited Specialist in their chosen area.
- Each year, to be re-accredited they must maintain a high degree of professional development in their area of specialisation. Accredited Specialists have to do more study than other lawyers and in particular the majority of their professional development each year must be in their chosen area of speciality.
- To be an Accredited Specialist they must have a minimum of five years full-time practice experience and a minimum of three years experience in their area of specialisation.
it pays to get specialist advice
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.