1Where a body corporate by-law requires compliance with the Building Act 1975 (Qld), the Queensland Development Code, and all other laws and regulations relating to works, obtaining a development permit and certificate of classification from a building certifier constitutes compliance, and the body corporate bears the burden of identifying any specific law or regulation that was not complied with.
2A new point of law may be raised for the first time on appeal where neither party was legally represented below, the facts are uncontested, the argument is unanswered, and determination of the point would resolve the entire proceeding, making remittal futile.
