Investigative Journalism and Learning Hub - Waratah Strata Management ignored request to offer assistance in Fraud Report E65804633 and Police Event E65804633 on 29 April 2020

From:	SP52948 owner
To:	Robert Crosbie, Frank Tallaridi
Subject:	FOLLOW-UP ACTIONS: Fraud Report E65804633 and Police Event E65804633
Date:	29/4/20, 1:45 pm

Good afternoon,

For immediate consideration. Not taking action would not be advisable.

a) On 21 June 2019 Waratah Strata Management asked Solicitor Adrian Mueller to help obtain copy of the allegedly lost USB key with SP52948 strata files from BCS Strata Management.

Please provide outcome of that request on behalf of owners corporation - Solicitor's response and the following files:

• Unredacted Email from Solicitor Adrian Mueller to Branch Manager Paul Banoob dated 5  July 2012 at 04:41 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  
• Unredacted Email from Branch Manager Paul Banoob to Strata Manager Garry Webb dated 5 July 2012 at 04:57 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  
• Unredacted Email to EC members from BCS Strata Management Garry Webb dated 6 July 2012 at 08:32 am (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  
• Unredacted Email to EC members and two staff members at BCS Strata Management from SP52948 Chairperson dated 6 July 2012 at 12:48 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  
• Unredacted Email to EC members and two staff members at BCS Strata Management from SP52948 Chairperson dated 9 July 2012 at 10:18 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
• Unredacted Email from Solicitor Adrian Mueller to BCS Strata Management Peter Bone dated 16 July 2012 at 6:52 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  
• Unredacted Email from BCS Strata Management Peter Bone to Solicitor Adrian Mueller dated 25 July 2012 at 2:13 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
• Unredacted Email from BCS Strata Management Debbie Downes to EC members dated 16 April 2013 at 1:52 pm (listed in Statutory Declaration to CTTT by strata manager Peter Bone dated 19 April 2013)
  

b) On 28 May 2018, Solicitor Adrian Mueller charged owners corporation $350.00 (plus GST) when the Police asked him to provide access to eight emails as part of alleged insurance fraud and false statements in Statutory Declaration investigation. Waratah Strata Management failed to disclose this to owners corporation. Solicitor seemingly failed to give those files to the Police at any time during 2018 and up to now.

There are two types of the documents that are part of emails sought by the Police, Fair Trading NSW, and Lot 158:

• Emails where Solicitor Adrian Mueller was a direct sender or a recipient (they are much more difficult to “misplace or “lose” because they are part of work files),
  
• Emails from the client that were allegedly provided to Solicitor Adrian Mueller when he prepared Statutory Declaration for the strata manager. In theory, they are possibly easier to displace but nevertheless difficult to justify, especially since they had to be processed electronically for the generation of the Statutory Declaration.

Had Solicitor Adrian Mueller really lost those files (for whatever reason), he would still be guilty as per Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, under the Legal Profession Uniform Law, 14.1.2, and would notify both the Police and the owners corporation about such an event. No client would appreciate loss of files, especially in event when CHU Insurance forced SP52948 to repay $8,800.00 for insurance claims made in 2012/2013.

Please issue official request to Solicitor Adrian Mueller to provide files listed in a) to owners corporation, Police, and Fair Trading NSW as per Legal Profession Uniform Law. He legally has to have them until at least February 2021.

c) For AGM 2014, Lot 158 submitted Motion:

Authorize Office of Legal Services Commissioner to conduct their investigation in regards to ongoing processional misconduct of Solicitor Mr. Adrian Mueller

On behalf of owners corporation, please ensure that this Motion is followed up promptly. OLSC already has lot of evidence in File 56561.

Also note that since Lot 158 strongly claims they are legal member of the EC for the last three years, owners corporation is directly responsible for preventing them to operate in accordance with laws and deliberately vcausing excessive financial losses to owners without their approval or full knowledge of facts.

d) On 13 April 2018 at  at 15:00 hours Waratah Strata Management wrote an email to XXX@police.nsw.gov.au in which they also stated:

A member of the strata committee has spoken with previous EC member...

As that previous EC member offered assistance freely, on behalf of owners corporation, please ensure that they are officially contacted on mobile [number redacted] and requested to provide assistance to Police and Fair Trading NSW (most important are the documents listed in a) above).

Thank you,

• 20141102-Motion for AGM 2014 Investigation about professional misconduct of Solicitor A. Mueller-29071.pdf