I did not reach any agreement with you at the CTTT last Friday. 

On that day you told me that I had received some documents concerning your latest CTTT application and you asked me to return those documents. I told you to put your request to me in writing which you have now done.

I received documents on File SCS 12/50XXX from the CTTT, not you. These documents are not private. I am not holding these documents illegally or without authority. I am presently under no obligation to return these documents to you and I therefore do not propose to do so. If the position changes I will advise you accordingly.

I disagree with the other assertions you make in your email.

Finally, you are not my client. I am presently under no obligation to agree to your requests (insofar as they relate to you) and I therefore do not propose to do so.

Regards, 
Adrian Mueller 
Solicitor 

J.S.Mueller & Co.
1st Floor, 240 Princes Highway
Arncliffe  NSW  2205
T: (02) 9562 1266 
F: (02) 9567 8551 
Website: www.muellers.com.au
Liability limited by a scheme approved under Professional Standards Legislation


-----Original Message-----
From: SP52948 owner 
Sent: Friday, 10 May 2013 1:46 PM
To: Adrian Mueller
Cc: Peter Bone; Paul Banoob
Subject: OFFICIAL REQUEST on 10 May 2013: Immediate return of private property and reimbursement of Invoice on 6 March 2013

Hello,

a) As agreed at the CTTT Hearing today, since you are not a properly endorsed legal representative of the SP52948 in File SCS 12/50XXX, and based on the fact that you kept falsely claiming it to the DFT and the CTTT until 6 May 2013 (when I forced you to issue a new contract), you are instructed to return two folders with my evidence in SCS 12/50XXX by registered post or in person immediately.

This request has to be taken in context that I will allow seven days (five working days from today) for my files to be returned (by the end of business hours on 17 May 2013). 

You are currently holding these PRIVATE documents illegally and without authority.

I will allow service by post as per NSW Interpretation Act 1897 Section 76:

  (b) in Australia or in an external Territory-is,
  unless evidence sufficient to raise doubt is
  adduced to the contrary, taken to have been
  effected on the fourth working day after the
  letter was posted...

Silence will the taken as agreement with my request.


b) The Strata Manager, the EC and you, must immediately review the invoice in amount of $1,452.00 that you submitted to the owners corporation on 6 March 2013 because almost all expenses in it were related to the CTTT File SCS 12/50XXX (and corresponding DFT SM12/1537JR), and some even private financial matters between Raine & Horne Strata and myself (which you cannot claim from owners corporation).

A quick reimbursement of the illegal expenses is required immediately as the funds of the owners corporation have been abused without approval.


c) You will disclose to owners corporation and myself all costs (current estimate above $25,000.00) from the Standard Cost Agreement of $11,550.00 as "approved"
by the EC members on 16 July 2012.


d) Finally, you are requested to provide evidence why you failed to notify the owners corporation about all expenses and substantial changes to the Cost Agreement as per Legal Profession Act 2004:

  If the Solicitor becomes ‘aware’ of a substantial ‘change’
  in anything ‘included in’ prior disclosure, there is a
  duty to update the disclosure under Section 316 

It is actually covered by Section 309(1)(b)(iv) (and Section 316) of the Legal Profession Act 2004.
 
That has not happened in our complex. 

This was also listed in your Standard Cost Agreement but not adopted by the Solicitor. 

This clause imposes on the Solicitor an obligation to inform the client of any substantial changes to anything (as soon as practicable after he becomes aware of the changes) required to be disclosed to the client.

Regards,