Our Brisbane client’s home sits next to a property with an old timber sleeper retaining wall on the boundary.
The wall held up the neighbours’ land. It was rotting, and part of it had already collapsed.
Our client warned the neighbours by text, then by letter. They didn’t reply. His insurer wouldn’t cover it, because the damage came from years of wear and tear. ezylegal sued the neighbours, and the court ordered them to pay the full cost of the repairs, plus interest and legal costs.
At a glance
- Problem: A neighbour’s retaining wall on the boundary was deteriorating and collapsing, threatening our client’s property, and the neighbours ignored every warning.
- Claim against: The neighbours who owned the property the wall supported.
- Legal basis: Negligence and private nuisance. The neighbours breached their duty of care by failing to maintain the wall.
- Result: Default judgment in the Queensland Magistrates Court for the full repair and rebuild cost, plus interest and legal costs.
A wall nobody would fix
The timber sleeper wall supported the neighbours’ land, which made it their responsibility to maintain. By late 2024, it was visibly deteriorating. Then part of it collapsed, and debris began falling onto our client’s side.
He texted the neighbours to warn them. Then he wrote to them formally. Neither got a response.
He also claimed on his home insurance. The insurer’s builder found the damage was caused by gradual deterioration over many years, so the claim was refused. That left the neighbours as the only people responsible.
Taking the neighbours to court
ezylegal got quotes for rebuilding the wall and clearing the site, and filed a claim in the Queensland Magistrates Court against both owners of the neighbouring property. A process server served them personally.
Neither filed a defence.
The outcome
The first request for default judgment was refused, so ezylegal addressed the court’s concerns and applied again. The court then entered default judgment against both neighbours for the full cost of the repairs, plus interest and our client’s legal costs.
ezylegal has served the judgment on the neighbours and given them notice that enforcement action will follow if they don’t pay.
How default judgment works
When you file a claim in the Queensland Magistrates Court, it has to be served on the other side. From then, they have 28 days to file a notice of intention to defend. That’s a formal document saying they dispute the claim, with their defence attached.
If they don’t, you can ask the court for default judgment. For a debt or a fixed amount like a repair bill, the court registrar can enter it on the papers, without a hearing. You don’t need to go to court or give evidence in person.
The judgment covers the amount claimed, plus interest and a set amount for legal costs.
What default judgment means for the other side
A default judgment is a court order to pay, and it has real consequences for the person who ignored the claim:
- The debt becomes enforceable. If they still don’t pay, the court can issue an enforcement warrant to seize and sell their property, or redirect money from their wages or bank account.
- They can be ordered to explain their finances. The court can summons them to an enforcement hearing, where they must disclose their income, assets and debts under oath.
- Interest keeps adding up. Interest runs on the judgment until it’s paid in full.
- It doesn’t go away quickly. In Queensland, a judgment can be enforced for up to 12 years.
- It can affect their credit. Court judgments are public records and can show up on credit reports, making it harder to borrow.
- Bigger debts can lead to bankruptcy or winding up. If the debt is $10,000 or more, a creditor can use the judgment to start bankruptcy proceedings against a person. A company that doesn’t pay can be served with a statutory demand and wound up.
The other side can apply to have a default judgment set aside, but they have to act quickly, explain why they didn’t respond, and show they have a real defence. Ignoring a court claim almost always makes things worse.
Who pays when a neighbour’s retaining wall fails?
Usually, the owner of the land the wall holds up. If they don’t maintain it and it damages your property, you can claim the cost from them.
A retaining wall on or near a boundary often supports one property more than the other. The owner who benefits from that support is generally responsible for keeping it in good repair. Home insurance often won’t help either, because policies usually exclude damage caused by gradual wear and tear. Putting the neighbour on notice in writing, then getting quotes, gives you the evidence to make a claim.
If you’re facing something similar
If a neighbour’s retaining wall is failing:
- take dated photos of the wall and any damage to your property
- tell your neighbour in writing, and keep a copy
- check your home insurance, but don’t rely on it covering wear and tear
- get an independent quote for the repair or rebuild
- ask your neighbour, in writing, to fix it or pay by a set date
Get advice early, because time limits apply. Read more about property and building disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.