Investigative Journalism and Learning Hub - Continuous Misconduct and Fraudulent Actions by Solicitor Adrian Mueller supported by BCS Strata Management, Waratah Strata Management, and SP52948 Committee Members

Welcome to the blog of NSW strata investigative journalism

Primary audience on the website are owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Attempts to get Waratah Strata Management to keep all parties informed has been ignored since 1 February 2017. Strata files are kept undisclosed and even events like mediation at Fair Trading NSW, NCAT case SC 20/33352, Police Events, and OLSC reports about professional misconduct of Solicitor Adrian Mueller are not provided to owners (current and previous), tenants, investors, and potential buyers in large strata complex SP52948. Committee members and Waratah Strata Management refused to offer assistance to these organisations.

Number of SP52948 owners, tenants, and investors expressed gratitude towards this website as that was the only way to gain access to lot of critical information, which is not available in minutes and notices of meetings, or on Waratah Strata website.

The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...

This website does not have any desire or intent to add own comments and therefore it is up to anybody to make up their own conclusions based on evidence and statements by others who did it in public forums, in courts, or elsewhere. All files on this website were provided to Fair Trading NSW, Office of legal Services Commissioner, NCAT, Supreme Court, and Police. The same files were repeatedly sent to Solicitor Adrian Mueller, committee members and strata managers - silence is their response.

Public is voicing strong concerns about problems with Tribunals. Issues with strata complexes and dubious quality of services provided by those who should enforce laws are common and frequent - examples: NSW-Civil-Tribunal-failing-to-deliver-services

Democracy should be the leading avenue for managing strata complexes. But, democracy requires high level of sense and ethics, and right for all owners to have full access to strata files in order to make informed decisions. And when that does not happen, how to proceed? One way is to educate public and rise awareness that license to be a strata manager is one of the easiest in any industry: Strata Community Australia (SCA) are offering a three-day course on qualifying to be a strata manager with no prior educational requirements (apparently educational requirements are fulfilled by completing the course).

SP52948 Continuous Misconduct and Fraudulent Actions by Solicitor Adrian Mueller Supported by Waratah Strata Management

  1. Failed to inform owners about prior engagement by Solicitor Adrian Mueller who failed to refute any claims made by Lot 158 in Affidavit at District Court in case 13/360456 and CTTT case SCS 13/50737. Solicitor Adrian Mueller then declined to advise the Judge of false statements in the Affidavit prepared by strata manager Mr. Peter Bone, and coerced the Judge to ignore evidence in February 2014:

    District-Court-case-13-360456-Lot-158-Affidavit-ignored-by-Solicitor-Adrian-Mueller-4Feb2014

    Solicitor Adrian Mueller was fully aware, and was accessory to BCS Strata Management actions that prevented legally-valid member of the committee (Lot 158) from access to strata files and then presented false statements in strata manager's Affidavit to District Court and charged exorbitant amount of money without proper authorisation at any general meeting (Extraordinary General Meetings in December 2013 and January 2014 failed to comply with SSMA 1996 regulations (same applies to CTTT case SCS 13/50737).

    Solicitor Adrian Mueller’s Standard Costs Agreement in District Court case 2013/360456 allegedly approved costs in amount of $16.500.00 (GST inclusive) whilst Solicitor Adrian Mueller charged $20,866.75 (GST inclusive) without owners corporation approval or knowledge (similar problem happened in CTTT case SCS 12/32675: alleged Standard Costs Agreement for Solicitor Adrian Mueller approved $11,550.00 (GST inclusive) whilst Solicitor charged $28,511.24 (GST inclusive) without owners corporation approval or knowledge):

    SP52948-Solicitor-Adrian-Mueller-costs-Standard-Costs-Agreement-District-Court-case-2013-360456.webp

    Unitemized invoices by Solicitor Adrian Mueller in February 2014:

    SP52948-Solicitor-Adrian-Mueller-unitemized-invoice-for-District-Court-case-2013-360456.webp

    SP52948-Solicitor-Adrian-Mueller-invoice-for-CTTT-case-SCS-13-50737-18Feb2014.webp

    SP52948-Solicitor-Adrian-Mueller-invoice-6Mar2014.webp

  2. Failed to refute any claims made by an owner in Statutory Declaration for NCAT case SC 20/33352 and coerced Tribunal to ignore owner's evidence:

    SP52948-Lot-158-Statutory-Declaration-for-NCAT-case-20/33352-which-Waratah-Strata-Management-refused-to-provide-to-owners-Aug2020

  3. Solicitor Adrian Mueller, committee members, and Waratah Strata Management stayed silent and did not offer any assistance to NCAT in regards to complaints (backed by evidence on secure website) about Solicitor Adrian Mueller on 1 February 2021:

    SP52948-Lot-158-letter-to-NCAT-20-33352-concerns-about-Solicitor-Adrian-Mueller-1Feb2021

  4. This is extract from the only submission by Solicitor Adrian Mueller, who provided no evidence to NCAT, and sent his four-page document belatedly on 1 February 2021, in spite of fact that this was prepared by his staff Ms. Karen Gillies on 14 December 2020. Solicitor Adrian Mueller did not read any submissions by Lot 158 and did not comply with Waratah Strata Management request to review Lot 158 files on secure web site which was provided to committee members, Waratah Strata Management, and offered to all owners in the complex. Solicitor Adrian Mueller coerced NCAT to ignore Lot 158 evidence and submitted false statement to NCAT that owners corporation would suffer procedural unfairness due to alleged lack of access to files at the Hearing.

    Solicitor Adrian Mueller's short letter (without any evidence) was prepared on 14 December 2020 by his associate and not sent to Lot 158 and NCAT within the requested deadline:

    Solicitor-Adrian-Mueller-letter-to-NCAT-case-SC-20-33352-prepared-on-14Dec2020.webp

    Lot 158 received the letter as late as 1 February 2021:

    SP52948-Solicitor-Adrian-Mueller-belated-submission-without-evidence-to-NCAT-in-case-SC-20-33352-1Feb2022.webp

  5. Solicitor Adrian Mueller and committee members were given yet another opportunity to help Office of Legal Services Commissioner on 8 February 2022, which they declined.

    Waratah Strata Managament refused to notify owners about it:

    SP52948-request-sent-to-Solicitor-Adrian-Mueller-to-provide-response-for-OLSC-case-CAS005901-8Feb2022

  6. Solicitor Adrian Mueller received this email on 27 February 2022, which he ignored.

    SP52948-Lot-158-cost-submission-reply-ignored-by-Solicitor-Adrian-Mueller-in-Supreme-Court-27Feb2022

    Even more, Solicitor Adrian Mueller (in Bill prepared by Ms. Carol Pollard on 24 March 2022 at 18:46 hours) claimed to Supreme Court that he had received approval by Waratah Strata Management to proceed with alleged legal costs recovery on 1 March 2022, by ignoring Lot 158 document dated 27 February 2022:

    "Perusing email from strata manager providing instructions not to prepare response to objections to bills of costs and to apply for costs assessment"

    The alleged approval by Waratah Strata Management was done two days before committee meeting, which was non-compliant with strata laws:

    Strata Plan SP52948 committee meeting dated 3 March 2022, as organised by Waratah Strata Management, did not satisfy requirements of Strata Schemes Management Act 2015 (SSMA), Schedule 2, Section 4 (1) and (2), and section 7, and Interpretation Act 1987 (NSW).

    Agenda was created on 25 February 2022 and scheduled for 3 March 2022. Excluding date of creation, meeting date, and the weekend, ONLY three days were allowed for delivery of notice to all owners. As per Strata Roll dated 31 January 2017, more than 32% of owners had requested postal delivery of notices – that figure is hidden from owners by Waratah Strata Management in subsequent years.

    Agenda was not detailed, as required by SSMA 2015 and was not sent to Lot 158.

    Committee Meeting on 3 March 2022 did not disclose the expenses accrued by Solicitor Adrian Mueller

    Lot 158 requested that owners be notified about current status of NCAT case and Solicitor’s engagement, but Waratah Strata Management and committee members declined. Legal costs had six versions of total expenses for Solicitor Adrian Mueller’s alleged work. This was proposed to the committee for inclusion in the Agenda on the meeting scheduled for 3 March 2022, but not allowed by Waratah Strata Management.

    Agenda for the committee meeting had no details of Solicitor Adrian Mueller and Supreme Court case for legal costs recovery.

    Solicitor Adrian Mueller was requested to respond about this meeting and he attempted to justify it in email to Supreme Court Cost Assessor on 20 April 2022:

    Solicitor-Adrian-Mueller-attempt-to-justify-his-actions-as-sent-to-Supreme-Court-Cost-Assessor-20Apr2022.webp

  7. Tribunal-ignored-voluminous-concerns-and-irrefutable-evidence-of-repetitive-misconduct-of-Solicitor-Adrian-Mueller-in-NCAT-case-20-33352-Apr2021

    The submission included paper copies of some of the evidence which NCAT ignored through coercion by Solicitor Adrian Mueller (photographs were taken at NCAT on 8 March 2022, where none of the evidence from Solicitor Adrian Mueller were found):

    NCAT-20-33352-Lot-158-TOC-for-folder-document-search-photo-1-8Mar2022.webp

    NCAT-20-33352-Lot-158-TOC-for-folder-document-search-photo-2-8Mar2022.webp

    NCAT-20-33352-Lot-158-TOC-for-folder-document-search-photo-3-8Mar2022.webp

  8. Part of Lot 158 submissions relate to evidence of Solicitor Adrian Mueller's fraudulent activities in CTTT cases SCS 12/32675 and 12/50460, without owners corporation approval at any legally-convened meetings - small extract from evidence, which Solicitor Adrian Mueller and committee members could not refute, whilst NCAT, Fair Trading NSW, and OLSC refused to even consider:

    SP52948-Lot-158-evidence-and-declaration-for-Solicitor-Adrian-Mueller-fraudulent-engagement-in-SCS-12-32675-presented-to-NCAT-case-20-33352.webp

    SP52948-Lot-158-evidence-and-declaration-for-Solicitor-Adrian-Mueller-fraudulent-engagement-in-SCS-12-50460-presented-to-NCAT-case-20-33352.webp

  9. In early May 2013 Solicitor Adrian Mueller coerced CTTT to force Lot 158 to print extra copies of documents which BCS Strata Management (Mr. Peter Bone) had lost, whilst claiming to the Tribunal that he was legally representing owners corporation. He secretly tried to force owners corporation to approve his engagement in CTTT case SCS 12/50460 on 6 May 2013 without disclosure to CTTT that he never had approval to represent owners corporation in that case. SP52948 never approved his engagement in this CTTT case and Solicitor Adrian Mueller never repaid owners corporation for his illegal work:

    SP52948-Solicitor-Adrian-Mueller-false-claim-that-CTTT-provided-him-with-files-in-case-SCS-12-50460-6May2013.webp

    SP52948-Solicitor-Adrian-Mueller-false-claim-that-CTTT-provided-him-with-files-in-case-SCS-12-50460-page-2-6May2013.webp

  10. Solicitor Adrian Mueller illegally represented SP52948 and failed to co-operate with Office of Legal Services Commissioner and CTTT, deliberately creating costs to owners corporation and Lot 158, whilst receiving personal benefits (proceeds of crime):

    SP52948-illegal-representation-by-Solicitor-Adrian-Mueller-CTTT-SCS-12-50460-13May2013.webp

    BCS Strata Management Peter Bone tried to justify conduct of AGM 2012 to CTTT on 24 June 2013

  11. In NCAT case SC 20/33352, there was also Lot 158 USB key and CD-ROM with thousands of unredacted files which appeared never to have been opened during Tribunal's alleged investigations:

    NCAT-20-33352-unopened-Lot-158-envelope-with-USB-key-search-photo-1-8Mar2022

    NCAT-20-33352-folders-with-unopened-CD-ROM-for-document-search-photo-9-8Mar2022

  12. Without disclosure to owners, Solicitor Adrian Mueller secretly charged $2,700.00 for advice to prevent Lot 158 Motions at AGM 2020:

    SP52948-evidence-submitted-to-NCAT-Supreme-Court-and-OLSC-premeditated-plan-by-Solicitor-Adrian-Mueller-to-prevent-Applicant-Motions-and-disallow-owners-to-vote-at-AGM-2020