Body Corporate
Plan ahead in any request for body corporate records
Article by Frank Higginson
Current as at July 2, 2026
You can’t stop the waves, but you can learn to surf – Jon Kabat-Zinn
Regardless of whether responsive insurance is held by a body corporate or an owner/occupier, if a body corporate is responsible for the cause of the damage it is also responsible for the resultant damage.
In The Nelson [2022] QBCCMCmr 268, the Adjudicator explained:
[43] Whether or not the applicants do or should have particular insurance does not put the onus on them if another person or entity causes damage to their property. The person or entity will be liable for the damage and the fact that the person or entity responsible for the damage does not have insurance to cover the damage they caused does not alleviate them from the liability for compensating the person who has suffered property damage. Therefore, regardless of whether the body corporate has insurance which covers the relevant event or damage, or whether the applicants have insurance which covers the relevant event or damage, the body corporate is responsible for the damage. The onus was on the body corporate to rectify the damage itself or pay the applicants for the cost of the rectification. …
If the body corporate is responsible for the cause of the damage, it can’t avoid responsibility for the resultant damage because:
Subject to a body corporate’s insurer’s requirements, the body corporate should expeditiously obtain quotes and seek to rectify the cause of the damage and the resultant damage.
This will enable a body corporate to comply with its legislative obligations and limit the cost (where that can otherwise increase across time, particularly where there is water ingress).
Of course, whether a body corporate is responsible or not is often not straightforward, and legal advice may be required.
If you have a body corporate matter you’d like to discuss, contact our friendly team.
People often tell us that we don’t seem like lawyers. We make a point to have real conversations with our clients in everyday language. At our core, we know that success is built on relationships.
