People

Richard Gardiner - Partner

Richard Gardiner Richard advises on litigation in the Supreme, District and Magistrates Courts of Queensland, in addition to interstate Courts and tribunals.

Overview Experience Publications Contact

Richard has over 10 years’ experience advising on contractual, property, leasing, joint venture, partnership and general commercial disputes, and has regularly litigated in the Supreme, District and Magistrates Courts of Queensland, in addition to interstate Courts and tribunals.

With extensive experience in both litigation and alternative dispute resolution, Richard advises a range of clients including resources and energy companies, property developers, financial institutions and professional services. He has acted in numerous leasing disputes related to commercial and retail leases for both lessors and lessees, including advising on a range of property, leasing and construction disputes within strict contractual or Court imposed timeframes.

Richard holds qualifications in Laws (Honours) and Arts from the University of Queensland.

Areas of Practice

  • Acting in numerous commercial and retail leasing disputes for both lessors and lessees, including Stockwell Property Management, the South Bank Corporation, BP, the Leda Group, Reading Entertainment Australia, Waterfront Place, the Coordinator-General of Queensland and Brisbane Markets. Richard has acted in all facets of leasing disputes, including advising on the terms of leases, taking urgent action to protect clients’ interests, successfully obtaining injunctions, terminating leases, recovering possession of properties and commencing legal proceedings for the recovery of rental and breach of lease obligations. In these matters Richard has provided legal services in strict timeframes, given the importance of terminating and re-letting tenancies to avoid financial loss for the client.
  • Acting for Marine Holdings Brisbane in a long-standing dispute with its landlord over a marine park (including conducting Supreme Court proceedings) involving disputes in relation to rental reviews, the landlord’s refusal to grant consent to sub-leases, and the landlord’s refusal to meet obligations under various leases.
  • Advising commercial and retail property owners (Brisbane Markets, Leda and Sing Sing Investments) in relation to claims by tenants arising from flooding in Brisbane in early 2011.
  • Providing urgent advice to entities associated with David Marriner in relation to the compulsory sale by a local council of multi-million dollar properties.
  • Acting for First Mortgage Managed Investments in urgent Supreme Court proceedings for the successful removal of numerous, separate caveats lodged over its security property.
  • Acting for Medi-Aid Centre Foundation in Supreme Court proceedings relating to a property dispute, involving complex joint venture and equitable issues.  Richard appeared at the trial of this matter, despite the firm only being instructed one week prior.
  • Acting for Orion Metals in Western Australian Warden’s Court proceedings against a former consultant, involving a claim for breach of confidentiality in respect of information acquired by the consultant during his services to Orion Metals.
  • Advising Howe Farming Co and Howe Farming Enterprises in relation to Supreme Court proceedings commenced by a director and shareholders of those entities involving the extension of a trust deed.
  • Advising Paddington Gold Fields in a dispute over a mining tenement in Western Australia, involving claims by a previous licensee who lodged a caveat over the tenement.
  • Acting for the Gold Coast Turf Club in a dispute with Racing Queensland, arising out of the issuing of a direction notice to the turf club, alleging that the club had misappropriated funds for the benefit of a member in contravention of Queensland’s Racing Act.
  • Successfully applying to the Supreme Court for the reinstatement of a deregistered company in circumstances where the directors had moved overseas and allowed the company to be deregistered despite litigation being on foot.
  • Acting for the chairman of a Queensland racing club in QCAT proceedings to review a stewards investigation.
  • Acting for legal practitioners in a wide range of disciplinary investigations commenced by the Queensland Law Society and Legal Services Commissioner.