Subject: Re: REQUEST TO NOTIFY OWNERS IMMEDIATELY: EC and the Strata Manager declined to attend Mediation two times in DFT case SM12/1537JR
From: SP52948 owner
Date: 11/05/13 09:31
To: Peter Bone
CC: Paul Banoob, Greg Freeman BCSSM

Hello,

Two months after I asked this question, you are still
failing to satisfy the requirements as defined
for your job in the SSMA 1996 and your Strata Management
Contract 1999.

For the pending CTTT case SCS 12/5XXXX address these
requests now.

Since I now forced the Solicitor to admit
that he falsely represented himself to the DFT and
the CTTT as legal representative in CTTT case SCS 12/5XXXX
(and related DFT case SM12/1537JR) until 6 May 2013, you
have a duty to disclose it to all owners and also confirm
that you authorised payment of $1,452.00 the Solicitor
submitted to the owners corporation on 6 March 2013 without
any rights to claim those expenses.

On Wed, 2013-03-27 at 16:17 +1100, SP52948 owner wrote:
As expected, the EC and the Strata Manager declined to attempt the
mediation in DFT case SM12/1537JR for the SECOND TIME.

a) The "excuse" for the second attempt was that the EC did not have
"enough" documents to analyze my claims before deciding if they should
attend the mediation. That statement proved to be false.

This was initiated by the unapproved action by the Solicitor Adrian
Mueller on 6 March 2013.

He did not and does not have the authority to represent the owners
corporation, which I documented in my response in the email to the DFT
on 7 March 2013.

No response or any evidence to prove me wrong was offered by the
EC and the Strata Manager.

b) In my response to the DFT on 7 March 2013 I documented why
the EC cannot expect me to provide folders free of charge when each 
party in mediation MUST bring their own evidence.

Plus, I provided plenty of files via email in the past to them anyway. 
There is nothing to "think about" if they should or should not
attempt mediation. They SHOULD HAVE ATTENDED at all costs.
 
To make it clear, in all previous DFT and CTT cases, each party had to 
pay for their own files and documents.

It is neither my duty to act as free Secretary, not legislated that
I have to provide any documents free of charge. I pay for everything
from my own pocket, so the same has to apply to other parties too.

Even worse, to prove my point, in spite of the CTTT latest orders,
the Solicitor did not provide files to me and I had to pay for them 
myself on 27 February  2013 (for pending Hearing in case SCS 12/3XXXX
scheduled for 15 April 2013).

The CTTT did not make any effort to enforce the documents be provided
to me free of charge, in spite of that being clearly documented
in the CTTT orders and myself complaining about it three times! 

c) The Director-General letter on 13 March 2013 officially documents
the rule that parties are to meet their own cost of mediation.

Therefore, the CTTT case SCS 12/5XXXX will now proceed in full.
There are no more obstacles to delay it any further. I will update
the CTTT with the latest document and provide another folder to
document wrongdoings of the Strata Manager since the AGM 2012
to ensure that proper penalties and actions by the CTTT apply.

Owners deserve to receive the copies of the attachments I provide 
herewith.

The Solicitor Adrian Mueller has stayed silent since my challenge
on 7 March 2013 and is not responding to my questions who had
authorized him to send the letter on 6 March 2013. He certainly did
not get such authority from the owners corporation as it can only
happen at a general meeting.

The EC members stay silent on all issues I raised.

The Strata Manager stays silent too.