Did you know that Brisbane waterways are owned by the Port of Brisbane?
The Mariner where boats are berthed/moored are managed by body corporate/strata managers, who sub-lease their spaces from the Port of Brisbane.
Any berthing disputes on behalf of the owner of the boat, answer to the body corporate, as they sub-lease from the body corporate, who then sub-lease their space from the Port of Brisbane.
Disputes that are ongoing should be reported to the Ombudsman.
Any damages that may arise from such a dispute, should be dealt with via an insurance claim with the relevant insurance company, leaving the claim to be dealt with the insurer to recover.
Therefore, two separate actions. Interesting.
By Shan Auliff, Special Counsel CMB Lawyers