Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata Law

Adrian Mueller

PARTNERBCOM LLB FACCAL

Since becoming a lawyer in 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none.

Adrian is at the forefront of strata law delivering a number of groundbreaking papers to strata lawyers at seminars across NSW and QLD. He has also lectured extensively on a range of strata law topics.

In recognition of his outstanding ability, Adrian is the youngest person to have been admitted as a Fellow of the Australian College of Community Association Lawyers, the peak body for strata lawyers in Australia.

Adrian is renowned for having an outstanding grasp of all aspects of strata law and for providing well-written, detailed and easily understandable legal advice.

■ Successfully appearing before the Appeal Panel of NCAT to overturn a decision by NCAT to repeal exclusive use by-laws that granted valuable property rights to a group of lot owners: Gleeson v The Owners – Strata Plan No 48226 [2018] NSWCATAP 204

■ Successfully defending an appeal by a lot owner in the Appeal Panel of NCAT in which the Panel rejected the owner’s claim to extend for 50 years the period of an exclusive use by-law benefitting the owner: Pollack v The Owners – Strata Plan No. 2834 [2019] NSWCATAP 227

■ Acting for the successful plaintiff in a case involving the highest damages award made by any NSW Court against an owners corporation: Janlz (No. 1) Pty Ltd v The Owners – Strata Plan No 11011(unreported, District Court of NSW, Robison DCJ).

■ Acting for the successful owners corporation in the only levy collection case to reach the NSW Court of Appeal: Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27.

■ Appearing for the first owners corporation to be involved in litigation in the NSW Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006: Vella v The Owners of Strata Plan 8670[2007] NSWLEC 365.

■ Successfully arguing that the Administrative Decisions Tribunal does not have jurisdiction to hear retail tenancy claims made by owners against owners corporations under the Retail Leases Act 1994: Lyons Road Pty Ltd v The Owners Strata Plan 38722 [2007] NSWADT163; Lyons Road Pty Ltd v The Owners Strata Plan 38722 (RLD) [2008] NSWADTAP 28.

■ Negotiating the simultaneous revision and assignment of multiple caretaker and site management agreements in large community title schemes in Sydney and Tweed Heads.

■ Producing a boutique and novel set of by-laws for an exclusive residential strata scheme in East Sydney.

■ Obtaining a brothel closure order for an owners corporation against an owner contravening the by-laws for an industrial strata scheme: Dong Xing Pty Ltd v Owners Corporation SP 64228 [2010] NSWCTTT 492.

■ Obtaining an order from a strata adjudicator for the compulsory appointment of a strata managing agent in a dysfunctional strata scheme in Sydney’s inner west and successfully defending an appeal against the adjudicator’s decision: Maccasieb v Owners SP 32823 [2012] NSWCTTT 16.

■ Appearing in several complex appeals against decisions of strata adjudicators:
Armstrong and Papaconstuntinos v Owners Corporation SP 61275 [2010] NSWCTTT 454; Papaconstuntinos, Armstrong v OS61725 [2012] NSWCTTT 300; Hagner v Owners Corp SP 4472 [2012] NSWCTTT 465.

■ No Lay Down Misere: Claims for Breach of the Statutory Duty to Repair Common Property” – Presented at the 8th Annual Conference of the Australian College of Community Association Lawyers, Royal Automobile Club, Sydney, 22 March 2013.

■ “Removal of Abandoned and Illegally Parked Vehicles” – Presented at an annual New South Wales Strata Manager’s Conference, Briars Inn, Bowral, 9 March 2013.

■ Community Schemes: An Overview – Presented at a quarterly Professional Development Seminar for New South Wales strata managers, St George Motor Boat Club, Sans Souci, Sydney, 16 November 2012.

■ Company Title: The Home Unit Company – Presented at a Continuing Professional Development Seminar for New South Wales strata managers, Sydney, 11–12 July 2011.

■ Neighbourhood Disputes: Access to Neighbouring Lands, Hazards, Dividing Fences and Trees – Presented at a Continuing Professional Development Seminar for New South Wales strata managers, Darling Harbour, Sydney, 23 September 2011.

■ Rules Were Made to be Broken: Enforcement of Strata Title By-laws in NSW – Presented at the 5th Annual Conference of the Australian College of Community Association Lawyers, Sanctuary Cove, Queensland, 14 May 2010.

■ Pushing the Limits in NSW: The By-law Making Powers of an Owners Corporation – Presented at the 4th Annual Conference of the Australian College of Community Association Lawyers, Gold Coast,1 September 2009.

■ Strata Living and Pet By-laws - Where do we Stand Now? 2020

■ A Different Type of Building Defect Claim 2020

■ Time to Update Your By-laws Again 2020

■ Get Your Renovation Approvals Right 2021

■ Pets in NSW Strata 2021

■ Who is Responsible for Mould in Strata Living? 2022

Published Media

■ Love Thy Neighbours: The Number One Cause of Disputes Between Neighbours - Sydney Morning Herald (SMH) Domain

■ The (High) Rise of Building Defects - Real Estate Institute NSW (REINSW) News

■ Short Term Letting and Airbnb Adrian Mueller Talks Live with - News Corp Australia, ‘Your Money’

■ Opal Tower Final Report and Building Defects Adrian Mueller Talks Live with - News Corp Australia, ‘Your Money’

■ Sydney Apartment Owners Lose Final Bid to Kick Non-residents out of Car Park - Sydney Morning Herald (SMH)

■ Most Important Decision Concerning Building Defects in Many Years - Australian Construction Law Newsletter (ACLN)

■ Removing Illegally Parked Vehicles - Real Estate Institute NSW (REINSW) News

■ How to Avoid Strata By-law Review Mistakes - Real Estate Institute NSW (REINSW) News

■ Strata Lawyers Dissect Anti-Airbnb Rules - Australian Financial Review (AFR)

■ Experts Criticise Law to Protect Home Buyers from Dodgy Developers - Sydney Morning Herald (SMH)

■ Gaping Loophole in New NSW Strata Rules Exposed After Resident Ripped up her Carpet - Sydney Morning Herald (SMH) Domain

■ Can Lift Refurbishments Trigger Compensation? - Real Estate Institute NSW (REINSW) News

■ Are Explanatory Notes Required? - Real Estate Institute NSW (REINSW) News

■ New Rules on Strata Meetings and Voting - Real Estate Institute NSW (REINSW) News

■ Property 101: Top 10 NSW Strata Law Changes - Property Observer

■ Tobacco or Snag Under the New Strata Reforms - Real Estate Institute NSW (REINSW) News

■ Levy Recovery Practices to Change Due to Coronavirus - CCH Pinpoint

■ Strata Living and Pet By-laws - Where do we Stand Now? - LookUpStrata Magazine

■ A Different Type of Building Defect Claim - LookUpStrata Magazine

■ Time to Update Your By-laws Again - LookUpStrata Magazine

■ Get Your Renovations Approvals Right - LookUpStrata Magazine

■ Keeping Pets in Strata - LookUpStrata Magazine

■ Pets in NSW Strata - LookUpStrata Webinar

■ Top Tips on Submitting a Pet Application - LookUpStrata Webinar

■ 5 Steps to Deal with a Barking Dog - LookUpStrata Webinar

■ Is a 'No Pets' By-law Valid? - LookUpStrata Webinar

■ Who is Responsible for Mould in Strata Living? - Real Estate Institute NSW (REINSW) News

■ Why Some Things are More Important than Rental Yield - Financial Review

■ Upgrade that Balustrade - Australian Glass & Window Association BuiltView Magazine

■ It's Raining it's Pouring but You Still Need to Fix it! - Real Estate Institute NSW (REINSW) News

■ BBQs, Pools, Gyms, Summer! Get Your By-laws Right! - LookUpStrata Magazine