The Tribunal confirmed the QBCC's decision to disallow the applicant body corporate's statutory insurance claim as out of time. The body corporate's claim was lodged four days beyond the three-month window under Schedule 2C s 16(3)(a) of the Queensland Building and Construction Commission Regulation 2003, which runs from when the consumer first becomes aware, or ought reasonably to have become aware, of the structural defect. The Tribunal found that the body corporate became aware of the defects no later than the date its strata management agent notified the builder and provided ALD reports, attributing the agent's knowledge to the body corporate on the basis that the agent most probably acted on instructions from the committee. There is no discretion to extend the strict three-month time limit, following Walker v Queensland Building and Construction Commission [2021] QCAT 32.
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