My bosses work car was broken into on Saturday early morning in a secure underground car park. All my power tools where

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Customer: my bosses work car was broken into on Saturday early morning in a secure underground car park. All my power tools where taken. the buildings gate has been broken for a week and bit and has also been faulty before because of the small motor caring the large gate. no signage was posted around the building and the only sign was posted after the incident. i talked to the managing cleaner and he has told me that the maintenance guy had been away and that is why they had not fixed gate. Im quite annoyed as the area is st kilda and known for thefts. I am not a current resident of this building but my girlfriend is.
JA: What state are you in? It matters because laws vary by location.
Customer: vic
JA: What steps have you taken so far?
Customer: seeing if my boss can claim insurance but i was wondering if i have a case against the body corp
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Daniel in 4 hours 2 years ago
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Daniel
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Daniel, Expert

Hello

Duty of a bailee:

Legal term, meaning duty of someone to take care of someone else stuff.
Due to the negligence of not having the place fenced off, leaving the tools in the car and the like, your boss is liable. He needs to remedy this.

What can you do?
You can sue him through VCAT - but of course he is your boss! He will need to fix this by payment, but yes, VCAT is the place to sue him, should you go that route.
https://www.vcat.vic.gov.au/

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Customer
The boss will claim insurance he has full comprehensive. So no point sending a letter to body Corp asking for compensation for damages and stolen items ?
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Daniel, Expert

You may, but there may well be some notice in the car park that they will not be liable
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