After 4 Years, Mr Nicholls Gets to Keep his Spa

After four sets of legal proceedings, the Supreme Court has finally given the green light for a lot owner to keep his outdoor spa and decking installed on an external area in a lot in a residential strata scheme.

This case highlights the restrictions that apply to appeals to the Supreme Court against decisions made by NCAT in strata disputes and the difficulty winning those appeals.

Read the full case here; After 4 Years, Mr Nicholls Gets to Keep His Spa

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




SMH Talks ‘Flaws in the New Strata Laws’ with Muellers

Sydney Morning Herald (SMH), Domain talks with Adrian Mueller, partner, JS Mueller & Co Strata Lawyers about gaping loopholes in the new strata laws.

Read the full Sydney Morning Herald (SMH) article here.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




NCAT Confirms that it Cannot Impose Penalties

In a recent decision, NCAT has confirmed that it does not have power to impose monetary penalties on persons who breach orders made by NCAT.

This decision highlights an important flaw in the new strata legislation which needs to be fixed.

Read on to find out more – NCAT Strata Disputes Floors and By-laws.docx

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




NCAT Clarifies Appeal Rights Against Adjudicators

In a recent decision, NCAT has confirmed that it is business as usual and that appeals against decisions of Strata Adjudicators will continue to be dealt with by NCAT in the same manner, even though strata adjudications have been abolished under the Strata Schemes Management Act 2015.

Introduction

The Strata Schemes Management Act 1996 (old Act) allowed Strata Adjudicators to make orders to resolve strata disputes. On 30 November 2016, the old Act was repealed and replaced by the Strata Schemes Management Act 2015 (new Act).  The new Act abolished strata adjudications.

However, there were still strata adjudications pending at the time the old Act was repealed and decisions of Strata Adjudicators under the old Act continued to be made up until recently. This created uncertainty as to whether or not a party dissatisfied with a decision made by an Adjudicator could appeal against the decision after 30 November 2016.

To read the full article – NCAT Clarifies Appeal Rights Against Decisions of Strata Adjudicators

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




The Most Significant Strata Cases of 2017

Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.

To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




Supreme Court Hands Down Most Important Decision!

In a surprising move, the Supreme Court has just upheld a decision made at an informal executive committee meeting.

Click here to read the full article – Supreme Court Rules Executive Committee has Power

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




News Flash Staff Announcements

Today, we officially announce changes to the JS Mueller & Co team effective as follows.

Retirement
It is with mixed emotions that we announce the retirement of Bruce Bentley, partner of JS Mueller & Co, effective 30 June 2016.

New Partner
We are also proud to announce the appointment of Adrian Mueller to partner, JS Mueller & Co, effective 1 July 2016.

“We’ve been providing a range of exceptional, professional strata legal services for over 30 years. Our success is due to our in-depth experience and comprehensive knowledge of strata law and we will continue to deliver our first class service to clients”, said Jeffrey Mueller, partner JS Mueller & Co.

We are continuing to build our team with expertise in the property and strata areas.  As our firm expands and grows, we will keep you up to date with the latest developments.

To read the full article please click here – Muellers Strata Lawyers Announcement

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




Court Finds Certifier Liable for Building Defects

The NSW Supreme Court recently found a Local Council which acted as the certifier of a house, liable to the homeowner for structural defects.

This case offers hope to owners corporations whose buildings are affected by building defects.

To read the full article – Building Defects Certifier Liable

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.




We Wish You a Safe & Happy Festive Season!

From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!

We are taking a short break from the 23rd December 2015 and returning on the 11th January 2016.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and we’ll get back to you following our break.




Changes to Apartment ‘Sunset Clawbacks’

JS Mueller & Co Partner, Bruce Bentley, comments on ‘Sunset Clawbacks’ in the Sydney Morning Herald Domain.

Top strata lawyers have called for NSW property protections to be brought into line with other Australian states after it was discovered that the owners of seven apartments in a single new block sold off the plan had been victims of “sunset clawbacks”.

Click here to read the full article – Top Lawyers Call for Changes to Sunset Clawbacks

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491