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.

■ 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 OC SP 61725 [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.