In the Media

Browse recent news or join our conversation on social media.

NSW Electric Vehicle Government grants

Time is Ticking: Apply Now for EV Charging Grants!

5 December 2023, Real Estate Institute (REINSW) Magazine

Warwick van Ede, Specialist Strata Lawyer, JS Mueller & Co Strata Lawyers, shares information regarding grant funding for EV charging in NSW. 

Warwick said that if you’re considering undertaking woks of this kind it is critical that you apply as soon as possible as there is limited funding and it is on a ‘first come first served basis. 

Read the full Real Estate Institute (REINSW) Magazine article here. 

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

1 November 2023, LookUpStrata Magazine

Adrian Mueller, Partner, JS Mueller & Co Lawyers talks summer by-laws. As the weather warms up, so does the festive cheer – Adrian recommends reviewing and updating your BBQ/smoke drift, pools, gyms and other common property by-laws.

This will help to ensure that your strata buildings have clear rules and a stress free summer festive season.  

Read the full LookUpStrata November 2023 Magazine article here on pages 34-35. 

Dealing with Fire Orders Affecting a Lot Property

10 July 2023, Real Estate Institute (REINSW) Magazine

Adrian Mueller, Partner, JS Mueller & Co Lawyers shares how you recover fire safety upgrade costs for Lot property?

Did you know an owners corporation is only responsible for the common property in its strata scheme. So how does an owners corporation deal with a fire order that requires it to do work to a lot property?

Read the full Real Estate Institute NSW (REINSW) article here. 

Owners Corporations Be Aware of Pushy Telcos and the Law…Why it’s Critical to Respond

30 May 2023, Real Estate Institute (REINSW) Magazine

Warwick van Ede, Specialist Strata Lawyer, JS Mueller & Co Lawyers takes a closer look at why owners corporations should be aware of pushy telecommunications providers. 

Warwick stresses the importance of responding to installation and inspection notices and why timing is critical. 

Read the full Real Estate Institute NSW (REINSW) article here. 

Expert Strata Topics by JS Mueller & Co Strata Lawyers Feature in Strata News

01 November 2022, LookUpStrata Newsletter 

Respected for our knowledge of strata title law our strata legal team regularly feature in Australia’s largest strata newsletter.

If you’re looking for NSW strata information we have been servicing the strata industry for 40+ years and regularly share our expertise and knowledge through published articles in industry and mainstream news channels. 

Read and access all articles here at LookUpStrata.

It’s Raining it’s Pouring but You Still Need to Fix it!

06 October 2022, Real Estate Institute (REINSW) Magazine
 

Adrian Mueller, Partner, JS Mueller & Co Lawyers takes a closer look at the responsibility of an owners corporation to repair common property after unprecedented wet weather.

Adrian looks at ‘duty to repair’, any escape routes, compensation and other areas.  Are there any exceptions to the rules?

Read the full Real Estate Institute NSW (REINSW) article here.

What Impact will the New Australian Standard for Glass have on the Safety of Balustrades in Apartment Buildings?

01 September 2022, BuiltView Magazine – Australian Glass & Window Association (AGWA)

Adrian Mueller, partner, features in the highly regarded AGWA’s BuiltView Magazine. In this article Adrian addresses the safety of balustrades in apartment buildings and shares a recent case. 

What impact will the new Australian standard for glass have on balustrade safety in apartment buildings?

Read the full BuiltView Magazine – Australian Glass & Window Association (AGWA) article here. 

Upgrading Balustrades in Strata

Why Some Things are More Important than Rental Yield…

15 June 2022, Australian Financial Review (AFR)

Adrian Mueller, partner, featured in the Financial Review in regards to a successful lot owners case concerning unsafe balustrades. Adrian stated there were many balustrades constructed before the BCA took effect which did not meet its safety requirements. 

But what changed in this case about the balustrades around a top-floor terrace – in a block where other barriers were already the subject of orders – that compelled the owners’ corporation to upgrade them.

Read the full Australian Financial Review (AFR) article here.

Rain, Rain Rain and common property repairs who's responsible

Rain, Rain and Common Property Repairs – Who’s Responsible?

02 May 2022, Real Estate Institute (REINSW) Magazine
 
Warwick van Ede, Specialist Strata Lawyer,  JS Mueller & Co Lawyers revisits the basics of responsibilities to maintain common property. 

Warwick said “owners corporations need to be very clear about their responsibilities, and it is timely to revisit some of the “fundamentals”.
 
Read the full Real Estate Institute NSW (REINSW) article here.
Smoking in a your strata lot

Another “Nail in the Coffin” for Smoking in Strata

14 April 2022, Real Estate Institute (REINSW) Magazine
 
Warwick van Ede, Specialist Strata Lawyer,  JS Mueller & Co Lawyers shares a surprising NCAT decision about a lot owner smoking inside their lot.
 
Warwick discusses the unusual case which includes common property air space of a balcony making its way through an apartment window. 
 
Read the full Real Estate Institute NSW (REINSW) article here.
Smoke.Drift.in.Strata.Living

Owners Corporation’s Ability to Take Action Against Smokers Significantly Broadened

11 March 2022, LookUpStrata Magazine
 
Warwick van Ede Strata Lawyer,  JS Mueller & Co Lawyers talks ‘smoking in strata’ with LookUpStrata.
 
Warwick discusses a recent NCAT smoking and smoke drift case calling another ‘Nail in the Coffin’ for smokers in strata. 
 
Read the full LookUpStrata March 2022 Magazine article and watch the video on page 16-17 here.
who.is.responsible.for.mould

Who is Responsible for Mould in Strata Living?

4 March 2022, Real Estate Institute (REINSW) Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers shares ‘mould in strata’ with REINSW.
 
Adrian discusses who is responsible, the causes of mould and how it can be detrimental to your health, especially when living in strata and… what are the common property boundaries when it comes to mould in a strata block?
 
Read the full Real Estate Institute NSW (REINSW) Magazine article here.
No pets by-laws in Strata with expert Strata Lawyer Adrian Mueller

Is a ‘No Pets’ By-law Valid?

9 October 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘the validity of no pets by-laws’ with LookUpStrata.
 
Adrian discusses whether by-laws that ban pets except assistance animals are now acceptable. If not, what can you do? Is there a way to have a no pet by-law, if not how can we regulate pets in strata living? For example, can we have a by-law rule that restricts the size of a dog?
 
Read the full LookUpStrata October 2021 Magazine article and watch the webinar on page 32 here.
Barking Dog in Strata Top 5 Strategies to Deal with a Barking Dog

5 Steps to Deal with a Barking Dog

9 September 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘5 steps for dealing with a barking dog in strata’ with LookUpStrata.
 
Adrian discusses strategies that owners corporations can take to work with residents, the owner and the barking dog. 
 
Read the full LookUpStrata September 2021 Magazine article and watch the webinar on pages 12-13 here.
Pets and Dogs in Strata Living Apartments

Top Tips on Submitting a Pet Application

16 August 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘top tips for submitting a pet application’ with LookUpStrata.
 

Adrian talks about providing as much information about your pet as possible such as (perhaps) a pet resume, references and more. 

Read the full LookUpStrata August 2021 Magazine article and watch the webinar on pages 12-13 here.
Adrian Mueller By-laws Pets in Strata Living

Can the Government Make a Model By-law that’s Not Valid?

9 July 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘pets model by-laws’ with LookUpStrata.
 

Why has no one used the argument that their pre 2016 pets by-law remains valid due to the schedule 3 transitional provisions of the Act?

Read the full LookUpStrata July 2021 Magazine article and watch the webinar on pages 22-23 here. 
Big Dogs Living in Strata Can Size be Restricted

Can a By-law Restrict the Size of Your Dog?

9 June 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘dog size in NSW strata’ with LookUpStrata.
 

Can a by-law restrict the size of a dog to no larger than 10 kgs and require pets to be carried on common property?

Read the full LookUpStrata June 2021 Magazine article and watch the webinar on pages 10-11 here.
Strata Living Pet Bonds JS Mueller & Co Lawyers

Can You Make an Owner Pay a Pet Bond?

9 May 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks ‘pet bonds in NSW strata’ with LookUpStrata.
 

Is it possible to ask pet owners to pay a bond to the owners corporation to cover any costs incurred by strata as a result of their pets or them breaking the rules?

Read the full LookUpStrata May 2021 Magazine article and watch the webinar on page 14 here. 
Webinar Pets in NSW Strata

Tougher Penalties for Owners Who Don’t Comply with Pet By-laws

9 April 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks pets in NSW strata with LookUpStrata.
 
Should there be a provision for tougher penalties for residents who do not comply with by-laws for responsible animal ownership?
 
Read the full LookUpStrata April 2021 Magazine article and watch the webinar on page 14 here.
LookUpStrata JS Mueller & Co Lawyers Pets in NSW Strata

Keeping Pets in Strata

16 March 2021, LookUpStrata Magazine
 

Adrian Mueller, Partner and Strata Lawyer,  JS Mueller & Co Lawyers talks pets in NSW strata with LookUpStrata. 

How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting  pets is invalid? Does this recent high profile case mean the end of ‘no’ pet by-laws?

Read the full LookUpStrata March 2021 Magazine article on pages 12-13 here.

Renovation By-laws Cosmetic Minor Major

Get Your Renovations Approvals Right!

16 February 2021, LookUpStrata Magazine
 
Adrian Mueller, Partner, JS Mueller & Co Lawyers shares a recent NCAT case where the outcome changes how owners seek approval from Owners Corporations for renovation approvals.
 
Read the full LookUpStrata February 2021 Magazine article on pages 18-19 here.
2020 Court and NCAT decisions means it's timer to review your by-laws!

It’s Time to Review Your Strata By-laws Again! 

16 November 2020, LookUpStrata Magazine
 
Recent Court and NCAT decisions and changes to strata laws have impacted on the validity of many strata by-laws. This means that it is now essential to again review your strata scheme’s by-laws. In this double page spread article partner, Adrian Mueller, Partner, JS Mueller & Co Lawyers explains the by-laws that need to be reviewed.
 
Read the full LookUpStrata November 2020 Magazine article on pages 16-17 here. 
Scaffolding and building defects

An Insight into a Different Type of Building Defect Claim

14 October 2020, LookUpStrata Magazine
 
In this double page spread article partner, Adrian Mueller, Partner, JS Mueller & Co Lawyers shares a different type of building defect claim discussing the case and outcome. 
 
Read the full LookUpStrata October 2020 Magazine article on pages 18-19 here. 
 
Security Cameras in Strata

‘Nothing To See Here’ Owners Corporations, Lot Owners And Security Cameras

7 August 2020, LookUpStrata Magazine

Warwick van Ede, Lawyer, JS Mueller & Co Lawyers explains the often vexed issue of rights lot owners and owners corporations have to install their own security cameras. 

Read the full page LookUpStrata August 2020Magazine article on page 24 here. 

Combustible-Cladding a WIN for owners corporations

[Australia’s First Case] Builder Loses Lawsuit and Must Replace Flammable Laminates on the Exterior Walls of Residential Building

7 August 2020, SBS Radio

If you understand Cantonese and/or know Chinese Cantonese speaking people listen to the full radio interview below.

Listen to the full SBS Cantonese Radio news story here Biowood Combustible Cladding

A WIN for Muellers means a WIN for Owners Corporations - Combustible Cladding

Apartment Owners Win Legal Victory Over Combustible Cladding

6 August 2020, Sydney Morning Herald (SMH)

A group of apartment owners battling to have combustible cladding replaced on their buildings have won a landmark legal victory.

Faiyaaz Shafiq, Senior Lawyer, JS Mueller & Co Lawyers said, “the outcome of the case represents a win for owners’ corporations and sends another timely warning to builders and developers that use of combustible cladding is fraught with risk and carries with it substantial consequences.”

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

Dog.Cat.Pet.By.laws_ JS Mueller & Co Strata Lawyers

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

8 July 2020, LookUpStrata Magazine
 
Pet ownership in strata can be a contentious issue. In this double page spread article partner, Adrian Mueller, JS Mueller & Co Lawyers explains pets in strata living inclusive of some recent cases and NCAT decisions. 
 
Read the full LookUpStrata July 2020 Magazine article on pages 8-9 here. 
 

New ‘Duty of Care’ Law Makes all Participants in Building Work Responsible for Fixing Defects

30 June 2020, Real Estate Institute NSW (REINSW)
 
Passed by NSW Parliament in June 2020, the new building laws will have a significant impact on people in strata buildings and any person involved in property development and construction in NSW. Here Helen Amanatiadis, Lawyer, JS Mueller & Co Lawyers explains the new laws. 
 
Read the full Real Estate Institute NSW (REINSW) article here. 
 
Levy Recoveries and Coronavirus Be Prepared

Levy Recovery Practices to Change Due to Coronavirus

On 22 March 2020, CCH Pinpoint

The Australian Government announced a further economic response to the Coronavirus. That response included changes to personal and corporate insolvency laws which will have a dramatic impact on the way overdue strata levies are recovered.

The key changes to insolvency laws will apply for 6 months. Adrian Mueller, partner, JS Mueller & Co Lawyers outlines a snapshot of those key changes in the following document. 

Read the full CCH Pinpoint article here. 

When Strata Schemes Have Problems with Neighbours What to do - easements

When Strata Schemes Have Problem Neighbours

04 March 2020, Real Estate Institute NSW (REINSW)

As a strata manager, you not only interact with your owners corporation, but also with owners of adjacent and adjoining buildings. So, while you are responsible for your strata scheme, a variety of issues can arise in relation to other buildings, structures or land that affect your owners corporation and its stakeholders.

Warwick van Ede, Lawyer at JS Mueller & Co Lawyers, says “there are many issues that can arise from your ‘neighbours’ and he’s given us the low down on how to deal with them.”

Read the full Real Estate Institute NSW (REINSW) article here. 

Combustible Cladding Court Decision

The Combustible Cladding – You Don’t Know About

28 January 2020, Australian Financial Review (AFR)

Australia’s cladding crisis could deepen after a NSW tribunal judgment declared a synthetic wood product combustible and failed to comply with building code fire safety requirements.

Senior Lawyer, Faiyaaz Shafiq, JS Mueller & Co Lawyers who acted for the owners’ corporation, said “the appeal arguments differed little from arguments in the first case, and unlikely to succeed. It’s a safety issue.”
 
Read the full Australian Financial Review (AFR) Article here. 
Biowood Cladding Deemed Combustible

NCAT Rules Biowood Cladding is Combustible

16 January 2020, Real Estate Institute NSW (REINSW)

Faiyaaz Shafiq, Senior Lawyer at JS Mueller and Co Lawyers who worked on this case said “the win is significant because it has highlighted the danger of the Biowood panels. The panels are made up of 70% reconstituted timber and 30% PVC if ignited poses an undue risk of fire.” 

Read the full Real Estate Institute NSW (REINSW) article here. 

Could Your Minor Building Defect Now be a Major Defect?

18 December 2019, Real Estate Institute NSW (REINSW)

Faiyaaz Shafiq, Senior Lawyer, JS Mueller & Co Lawyers said ” the Supreme Court has just handed down its first decision in which it has considered the meaning of ‘major defects’ under the home building legislation. In a win for owners’ corporations, the Court has said that the definition of ‘major defects’ in the legislation should be given a broad meaning. This case will make it easier for owners’ corporations to make claims for major defects that are covered by a 6-year warranty period.

Read the full Real Estate Institute NSW (REINSW) article here. 

Combustible Cladding

Faiyaaz Shafiq, Wins Landmark Ruling On Apartment Building Risk

09 December 2019, The World News

Faiyaaz Shafiq, Senior Lawyer, JS Mueller & Co Lawyers created Australian legal history with a landmark legal win over a major builder and developer. This was over their use of suspect Biowood cladding on apartments.

Read the full The World News article here.

Apartment Owners Face Millions of Dollars in Re-cladding Bills Following Landmark Ruling

05 December 2019, Sydney Morning Herald (SMH) Domain 

Senior Lawyer, Faiyaaz Shafiq, JS Mueller & Co Lawyers said “owners corporations and strata managers of buildings with Biowood installed require an urgent assessment of the risks involved and their rights in light of the decision. Panels must be removed to prevent another “catastrophe.”

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

‘Undue Fire Fisk’: Wood Cladding Used on Hundreds of Buildings Ruled ‘Combustible’

04 December 2019,  news.com.au 

JS Mueller & Co Lawyers, Senior Lawyer, Faiyaaz Shafiq, who worked on the case, said the cost of removing the panels “could run into the millions of dollars”. “There has been industry talk about aluminium composite panels, but there was nothing in the world talking about Biowood panels.”

Read the full news.com.au article here. 

Get Your Owners Corporation Address Correct for Service

02 December, 2019 Real Estate Institute NSW (REINSW)

Do you know if your common property certificate of title contains the proper address for service of legal documents on your owners corporation?

JS Mueller & Co Lawyers said that “An owners corporation’s address for service can only be changed at an ordinary resolution passed at a general meeting.”

Read the full Real Estate Institute NSW (REINSW) article here. 

Good News for Compulsory Strata Managers

16 October, 2019 Real Estate Institute NSW (REINSW)

Warwick van Ede, Lawyer, JS Mueller & Co Lawyers said that “Strata Managers often receive a request to put their name forward to be appointed as a compulsory strata manager, in circumstances where there is a dysfunctional owners corporation. There may be one or more lot owners agitating for various things to occur, such as remedial building works.  It can be a difficult decision to make, as to whether to agree to put yourself forward.”

Read the full Real Estate Institute NSW (REINSW) article here. 

Helen_Amanatiadis_Strata_Lawyer_Major_Building_Defects

How to Establish a Major Building Defect

24 July 2019, Property Observer 

On 15 January 2015, the Home Building Amendment Act 2014 changed the terminology and definitions for building defects from structural to “major” and from minor to “in any other case” i.e. non-major.

In this article Helen Amanatiadis, Lawyer, JS Mueller & Co Lawyers shares 2 recent NCAT cases and provides a useful guide on what is now considered a major defect according to the legislative changes. 

Read the full Property Observer article here. 

Strata Emails and Defamation

Taming Keyboard Warriors: Dealing with Strata Communications

 11 June 2019, Real Estate Institute NSW (REINSW)

A recent NSW District Court defamation case highlights the potential dangers lurking in communications (especially emails) between strata managers, owners corporations and residents. JS Mueller & Co Lawyers said “to reduce the risk of these situations strata managers can encourage owners corporations to establish by-laws that state what constitutes proper and unreasonable communication.”

Read the full Real Estate Institute NSW (REINSW) article here. 

Security Cameras and Strata

All Eyes on You: Security Cameras and Strata

03 June 2019, Real Estate Institute NSW (REINSW) News

Every owners corporation will or should have a by-law or by-laws preventing lot owners from installing surveillance cameras on common property without consent.  Warwick van Ede, Lawyer, JS Mueller & Co Lawyers said “if owners corporations install security cameras themselves, they risk committing an offence under the Surveillance Devices Act .” 

 Read the full Real Estate Institute NSW (REINSW) article here.

Combustible Cladding By-laws

Does your Strata Scheme have Combustible Cladding? Top 3 Items to Review Now!

29 April 2019, Real Estate Institute NSW (REINSW) News

Many strata buildings constructed since 1990 contain some form of external cladding. It’s a popular choice given its appeal, sound and thermal properties and ease of application. However, recent fire disasters arising from the use of  poor external combustible cladding materials has raised serious concerns. Daniela Terruso, Lawyer, JS Mueller & Co Lawyers suggests the top 3 items to help prevent these disasters?

 Read the full Real Estate Institute NSW (REINSW) article here.

Strata Lawyers - Strata Dispute Unapproved Balcony Allowed to Stay Says NCAT

Unapproved balcony allowed to stay, says NCAT

3 April 2019, Real Estate Institute (REINSW) News

In this case Adrian Mueller, partner, JS Mueller & Co Lawyers explains who is responsible for fixing a balcony on common property that has fallen into disrepair but was constructed without the approval of the owners corporation?

“The answer may surprise you,” said Adrian.

Read the full Real Estate Institute NSW (REINSW) article here.

Neighbourhood Strata Disputes

Love Thy Neighbours: The Number One Cause of Disputes Between Neighbours

21 March 2019, Sydney Morning Herald (SMH) Domain

According to official bodies, fences, noise-related, trees and retaining walls are the top disputes between neighbours. Adrian Mueller, partner, JS Mueller & Co Lawyers says, “the most difficult, dispute among neighbours are retaining walls due to the lack of legislation and expense to fix, neighbours can spend a long time in court trying to come to an amicable resolution.” 

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

NSW Building Defects and the Opal Tower

The (High) Rise of Building Defects

12 March 2019, Real Estate Institute NSW (REINSW) News

Adrian Mueller, partner, JS Mueller & Co Lawyers says, “under NSW law residential buildings less than six years old are covered by a statutory warranty scheme for major defects.”  

“Major defects claims can be made up to six years and any non-major defects can be claimed for up to two years,” says Adrian.

Read the full Real Estate Institute NSW (REINSW) article here.

Short Term Rentals + Airbnb

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

16 March 2019, News Corp Australia, ‘Your Money’

Adrian Mueller, partner, JS Mueller & Co Lawyers, talks short term letting and Airbnb. Adrian discusses the approval process, dealing with short term letting in your strata building, by-laws and other expert tips. 

Read the full associated article here Changes to the Laws Regulating Short Term Accommodation

Dealing with adjoining owners

Up, Down and All Around: Dealing with Adjoining Owners

08 March 2019, Real Estate Institute NSW (REINSW) News

As a strata manager, you not only interact with your owners corporation, but also with owners of adjacent and adjoining buildings. While you’re responsible for your strata scheme, a variety of issues can arise in relation to other buildings. Warwick van Ede, Lawyer,  JS Mueller & Co Lawyers says, “there are many issues that can arise from your ‘neighbours’ and here’s the low down on how to deal with them”.

Read the full Real Estate Institute NSW (REINSW) article here.  

Opal Tower Building Defects Interview Adrian Mueller Strata Lawyer

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

23 February 2019, News Corp Australia, ‘Your Money’

Adrian Mueller, partner, JS Mueller & Co Lawyers talks building defects explaining how wide-spread the problem is and discusses the Opal Tower final report highlighting the seriousness of the defects that have left owners’ lives turned upside down.

Read the full associated article here Does your Scheme have Combustible Cladding? Top 3 Items to Review

Strata Owners Lose Parking Battle

Sydney Apartment Owners Lose Final Bid to Kick Non-residents out of Car Park

1 December 2018, Sydney Morning Herald (SMH)

Adrian Mueller, partner, JS Mueller & Co Lawyers, said, “the case stemmed from a letter from the City of Sydney and as a result of that letter, the strata committee introduced a by-law. Ultimately, I think the case is an example of what can happen when the local council issues a development consent in unclear terms.”

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

Sydney CBD Laneway Easement

Stoush Over ‘Completely Useless’ Sydney Laneway

20 November 2018, The World News

A historic laneway in the Sydney CBD, currently used for dumping rubbish, has become the subject of a NSW Supreme Court. JS Mueller & Co Lawyers said “the case highlighted a real issue for the city. So much real estate in Sydney is unoccupied now, and no one knows who the owners are.”

Read the full The World News article here. 

Stoush Over Sydney CBD Laneway

‘Completely Useless’: Fight Over Sydney CBD Laneway has its Roots in Convict Times

16 November 2018, Domain Commercial Real Estate

Successfully represented by JS Mueller & Co Lawyers, an ongoing row between neighbours that back on to the historic laneway in the Sydney CBD escalated when the laneway’s owners put up a gate at the entrance restricting its use. Easements were challenged but the Supreme Court ruled they were valid.

Read the full Domain Commercial Real Estate article here.

Building Defects and Home Warranty Insurance

Most Important Decision Concerning Building Defects in Many Years

1  September 2018,  Australian Construction Law Newsletter (ACLN)

The NSW Court of Appeal has handed down the most important decision concerning building defects in many years. The court’s decision is good and means that builders and developers can be held liable for design defects.

The full article written by Adrian Mueller, Partner, JS Mueller & Co Lawyers has been published in the reputable industry Australian Construction Law Newsletter (ACLN) and it can be read here.

Illegally Parked Vehicles

Removing Illegally Parked Vehicles

21 June 2018, Real Estate Institute NSW (REINSW) News

Are owners corporations powerless to remove illegally parked vehicles from visitor parking spaces? On 30 November 2016, the Strata Schemes Management Act 2015 (Strata Act) started which allows regulations to be made that confer power on an owners corporation to dispose of goods (including motor vehicles) left on common property. Adrian Mueller, partner, JS Mueller & Co Lawyers, explains what this means. 

Read the full Real Estate Institute NSW (REINSW) article here. 

JS Mueller & Co Strata Lawyers NSW

Growing Our Business Means Growing Our Team of Strata Experts

15 June 2018, News Release

JS Mueller & Co Lawyers has been serving the strata industry for almost four decades, since 1979, and as our business grows, so does our team of strata experts. 

As such, we’re proud to announce the addition of three new strata lawyers to our team of experts. 

Check out our team of strata experts and read the full news release here.

How to Avoid Bylaw Mistakes

How to Avoid Strata By-law Review Mistakes

14 March 2018, Real Estate Institute NSW (REINSW) News

The deadline for owners corporations to review their by-laws has passed and most owners corporations have now completed these reviews. So what lessons can be learned from the by-law review process? More importantly, what mistakes have been made during that process and how can they be fixed? Adrian Mueller, partner, JS Mueller & Co Lawyers shares some insights. 

Read the full Real Estate Institute NSW (REINSW) article here. 

Airbnb Short Term Letting AFR

Strata Lawyers Dissect Anti-Airbnb Rules 

15 February 2018, Australian Financial Review (AFR)

Adrian Mueller, partner, JS Mueller & Co Lawyers, says, “that rather than a by-law restricting the number of days a property could be let I would…

Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation.”

Read the full Australian Financial Review (AFR) article here.

Building Defects

Experts Criticise Law to Protect Home Buyers from Dodgy Developers

5 January 2018, Sydney Morning Herald (SMH) 

Is a 2 per cent bond to cover the cost of repairing defective work inadequate? Is the system doomed to result in more cost and litigation? Adrian Mueller, partner, JS Mueller & Co Lawyers shares his opinion. 

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

Levy Collections, Levy Debt Collections, Levy Recovery Monk Forced Apartment Sale to pay for Debt

Huge Crackdown on Empty Houses and Apartments

23 December 2017, Byron Shire News, Sunshine Coast Daily, Coff Coast Advocate Newspapers

Faiyaaz Shafiq, a strata law expert from JS Mueller & Co Lawyers, said, “at the time the problem would only get worse. A lot of people are buying properties from overseas and leaving them. Many owners are out there with units empty, and no one can find them.”

Read the full Sunshine Coast Daily, Byron Shire News and Coffs Coast Advocate articles here. 

Criminal Sanctions are Available for False Statements’: ATO Tools up for Empty House Crackdown

21 December 2017, News Corp Australia
 
Faiyaaz Shafiq, a strata law expert from JS Mueller & Co Lawyers, said “at the time the problem would only get worse. A lot of people are buying properties from overseas and leaving them. So many owners are out there with strata units locked up, empty, and no one can find them.”
 
 Read the full News Corp Australia published press article here.
Levy Collections Forced Unit Sale

Apartment of Malaysian who became a Monk Auctioned off in Sydney

1 December 2017, FMT News International Malaysian News

A Sydney unit of a Malaysian who returned to Malaysia to become a monk was auctioned off following a court order. Faiyaaz Shafiq, Lawyer, JS Mueller & Co Lawyers said “We have a problem across Australia at the moment where foreign buyers, mainly from Asia buy units, never live in them and no one can find them. 

Read the full FMT News published in international Malaysian press here.

Levy Collections Supreme Court

Sydney homeowners disappeared overseas after their conversion to Buddhism, and they actually owed $1.4m cumulative tax in 12 years

9 December 2017, sangbe.com International Asian News

Senior lawyer JS Mueller & Co Lawyers, Faiyaaz Shafiq said, “this is a big issue in Australia because some overseas buyers are usually from Asia, but they never live in it and no one knows where they are and usually they can’t be traced.”

The full article was published in international Asian press sangbe.com.

JS Mueller & Co Branding

Introducing the New Look… JS Mueller & Co Lawyers

25 November 2017, Media Announcement

Our exciting new look and feel has been designed to reflect the growing brand we are today and into the future. You’ll start to see our new branding reflected across our website, stationery, legal documents, promotional materials and much more.

To see the full impact click here.

Airbnb Fines

Airbnb Hosts can be Fined $550 for Failing to Notify Strata of New Guests Under NSW Law

20 November 2017, news.com.au

A LITTLE-USED legal provision could be used to put the squeeze on owners who rent their units out on short-term rental sites like Airbnb. Under Section 258 of the Strata Schemes Management Act 2015. Faiyaaz Shafiq, Lawyer, JS Mueller & Co Lawyers shares his opinion. 

Read the full news.com.au article here.

Airbnb Short Term Letting Fines

Apartment Dwellers Fed up with Airbnb Turning their Homes into Hotels are being Urged to Take Advantage of an Obscure Law.

20 November 2017, The Northern Star

A little-used legal provision could put the squeeze on owners who rent their units on short-term rental sites. Faiyaaz Shafiq, Lawyer, JS Mueller & Co Lawyers, said “while the statutory mechanism under Section 258 is available, he preferred owners corporations to create special by-laws banning short-term letting.”

Read the full The Northern Star article here.

Airbnb Short Term Accommodation

Airbnb: $550 Fines for Hosts as Obscure Law Re-discovered

20 November 2017, Fraser Coast Chronicle

A little-used legal provision could put the squeeze on owners who rent their units on short-term rental sites.

Faiyaaz Shafiq, Lawyer, JS Mueller & Co Lawyers, said “while the statutory mechanism under Section 258 is available, he preferred owners corporations to create special by-laws banning short-term letting.”

Read the full Fraser Coast Chronicle article here.

Levy Collections and the Sheriff

Merry Chase for Mystery Malaysian Monk who Renounced his ‘Worldly Possessions’

20 November 2017, news.com.au

This case has set a precedent for owners corporations in the same predicament. The Supreme Court order was necessary to give the notoriously short-staffed sheriff’s office a nudge.  

Read the full news.com.au article here.

Levy Collections

Sale of Apartment Owned by Monk who Disappeared Overseas Sets Legal Precedent

19 November 2017, Sydney Morning Herald (SMH) Domain

Owners Corporations and strata managers in NSW sometimes wonder how they can recover outstanding strata levies from owners of strata units who’ve disappeared and are nowhere to be found. Well, do not be disillusioned JS Mueller & Co Lawyers has now given hope to owners corporations and strata managers.

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

New NSW Strata Rules Loophole

Gaping Loophole in New NSW Strata Rules Exposed After Resident Ripped up her Carpet

12 November 2017, Sydney Morning Herald (SMH) Domain

Owners who took action at NCAT against a resident who broke the by-laws by ripping up her carpet and using the concrete slab as noisy flooring discovered, they could not impose a fine on her.

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

short-term letting

Landmark decision: NSW tribunal overturns bylaw that banned woman from renting apartment on Airbnb

30 September 2017, Sydney Morning Herald (SMH) Domain

In a landmark decision, the first time strata by-laws have been overturned in favour of Airbnb in NSW, will have major repercussions for every apartment building that has tried to restrict short term lets.

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

Strata Lift Refurbishments

Can Lift Refurbishments Trigger Compensation?

24 July 2017, Real Estate Institute NSW (REINSW) News

Lifts breaking down in strata developments can have several knock-on effects which pose several questions, including compensation claims. For example, if a lift is refurbished, do owners corporations pay compensation to affected owners and tenants?

Read the full Real Estate Institute NSW (REINSW) article here. 

Explanatory_Notes_Adrian_Mueller

Are Explanatory Notes Required?

25 May 2017, Real Estate Institute NSW (REINSW) News

Do explanatory notes need to be included in the agenda of a general meeting of an owners corporation? The answer might surprise you. Since the start of the Strata Schemes Management Act 2015 on 30 November 2016, a practice has arisen for explanatory notes to be included in an agenda of a general meeting of an owners corporation. Are these explanatory notes required?

Read the full Real Estate Institute NSW (REINSW) article here. 

Strata Meetings

New Rules on Strata Meetings and Voting 

1 December 2016, Real Estate Institute NSW (REINSW) News

Under the new strata regulations, proxy voting will prevent any individual attempting to control owners’ decisions by obtaining a majority of proxy votes. The number of proxy votes able to be held by one person will be limited. Read on to find out the new meeting and voting regulations.

Read the full Real Estate Institute NSW (REINSW) article here. 

Unpaid Levies – The New Rules

7 October 2016, Real Estate Institute NSW (REINSW) News

Over 90 reforms are being made to the strata laws on 30 November 2016 in a bid to modernise the legislation, reduce red tape, avoid disputes and support the sector. Faiyaaz Shafiq, Senior Lawyer with JS Mueller & Co Lawyers, said, “that currently there are no legal rights for lot owners to request a levy instalment payment plan from an owners corporation.”

Read the full Real Estate Institute NSW (REINSW) article here. 

Top Ten New Strata Laws

Property 101: Top 10 NSW Strata Law Changes in November 2016

5 September 2016, Property Observer

Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday. 

Adrian Mueller, Partner, JS Mueller & Co Lawyers shares the top 10!

Read the full Property Observer article here.

Smoking By-laws

Tobacco or Snag Under the New Strata Reforms

18 August 2016, Real Estate Institute NSW (REINSW) News

Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’. Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply for smoke drift, such as that from tobacco and barbecues, under the by-law changes. 

Read the full Real Estate Institute NSW (REINSW) article here. 

Chinese Property Owners and Strata

Chinese Property Owners in Australia

19 April 2016, SBS Radio

JS Mueller & Co Lawyers, talks strata law with SBS Cantonese Radio, nation-wide.

If you understand Cantonese and/or have Chinese Cantonese speaking clients listen to the full radio interview below.

Listen to the full SBS Cantonese Radio interview here Chinese Property Owners in Australia.

Sunset Clawbacks off the plan property and conveyancing

Top Lawyers call for Changes to Apartment ‘Sunset Clawbacks’

7 September 2015, Sydney Morning Herald (SMH) Domain

Top strata lawyers have called for NSW property protections to be brought into line with Australian states.

JS Mueller & Co Lawyers has pointed to the deregulation of the conveyancing industry as another factor for leaving off-the-plan purchasers more vulnerable to contract revisions. He put the blame on conveyancers offering cut-price, inferior services.

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

Home Warranty and Building Defects

Home Owner Warranty Protection NSW

15 October 2014, Radio 2UE

JS Mueller & Co Lawyers talks Home Owner Warranty Protection New South Wales (NSW) with Clive Robertson 2UE Radio.

To listen to the full 2UE Radio interview click here.

Contact Us

For all strata law advice including by-laws, building defects, levy collections contact our specialist NSW and Sydney Strata Lawyers here or call 02 9562 1266, we’re happy to assist. 

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