Welcome to the blog of NSW strata investigative journalism
Artificial Intelligence (AI) was NOT involved in investigations of strata issues in Australia (primarily NSW). We never used or relied on AI, and instead deployed classical methods: thorough due diligence, mitigating bias, abiding by ethical principles, clear and transparent documentation, mitigating risk, continuous monitoring, and legal compliance.
Sitemap for Waratah Strata Management work in SP52948
Primary audience on the website are SP52948 owners (current and previous), tenants, investors, and potential buyers in strata complex.
The rest of the audience is anyone who might be interested in problems with strata schemes in NSW...
The owner of the website was exposed to multiple threats and intimidation tactics by BCS Strata Management (until 31 January 2017) and Waratah Strata Management (since 1 February 2017), which included unsuccessful defamation attempts, false statements to owners in notices of the meetings, prevention of access to SP52948 strata documents (and even Strata Rolls), preventing the owner from conducting duties of committee member whilst allowing unfinancial owners to do it, supported verbal threats, stalking, and intimidation of the owners, and refusal to attend free mediations at NSW Fair Trading, whilst providing false statements to CTTT and NCAT through the same Solicitor.
There is no website which covers more detailed events related to strata issues with direct evidence than this one in Australia (trust through verification).
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, CTTT (now NCAT), District Court, Supreme Court, and Police.
In 1961 the Conveyancing (Strata Titles) Act was introduced in NSW. This act created a legal mechanism for the vertical subdivision of multi-unit housing.
This map shows the historical progression of strata schemes as they were registered across Sydney, and provides a unique snapshot of the development of higher density Sydney. Initially concentrated in a few small pockets on the North Shore and Eastern Suburbs, strata developments have now become an important feature of the housing landscape in all parts of Sydney:
There were 2909 mediation applications received by NSW Fair Trading in 2022, compared with 1994 in 2018.
The most common issues for mediation related to repairs and maintenance of common property and breaches of by-laws, a NSW Fair Trading spokesperson said.
Of 2909 mediation applications, just 963 resulted in mediation, while 835 were dropped, with the respondent refusing to participate; the remaining 616 applications were either resolved before mediation or withdrawn:
The huge growth of strata schemes in Australia requires good laws to protect owners. Originally, it was expected that democracy would be the leading avenue for managing complexes. But, democracy requires high level of sense and ethics. When lack of ethics and ignorance of laws are prevalent, 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).
Justice McCallum publicly stated:
Extensive media reporting of allegations of criminal conduct is not a mischief in itself. On the contrary, it is appropriate to recognise that the media play an important role in drawing attention to allegations of criminal or other misconduct and any shortcomings in the treatment of such allegations.
The Australian Government has passed the National Anti-Corruption Commission Act 2022 and legislation amending the Public Interest Disclosure Act 2013.
Fraud is dishonestly obtaining a benefit, or causing a loss, by deception or other means.
Corrupt conduct includes:
Section 8(a):
Any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly:
(i) The honest or impartial exercise of any public official’s powers, as a public official; or
(ii) The honest or impartial performance of any public official’s functions or duties as a public official.
Section 8(b):
Any conduct of a public official that constitutes or involves a breach of public trust.
Section 8(c):
Any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person’s office as a public official.
Section 8(d):
Any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person’s capacity as a public official.
Solicitor Adrian Mueller created dangerous precedence in two CTTT/NCAT cases (SCS 12/32675 and SC 20/33352) which, based on Australian legal system, allow other parties to use as valid defence (legal precedents). CTTT/NCAT fully co-operated with the Solicitor and effectively rendered NSW strata laws useless, and even allowed Solicitor's reprentation of large strata plan SP52948 without having any evidence of being approved by owners corporation (in fact, Solicitor was not approved at any legally-convened meeting).
CTTT/NCAT actively supported Solicitor Adrian Mueller's predictive behaviour, conspiracy offence, contempt of court, falsified documents, and insurance claims in two cases in 2012/2013 (SCS 12/32675 and SCS 12/50460, conducted by Tribunal member M. Harrowell) and 2020/2021 (SC 20/33352, conducted by Tribunal member G.J. Sarginson). The precedence means that all evidence of the Applicant can be ignored if the Respondent fails to attend Hearings.
Tribunal had full knowledge of the Applicant's submissions about Solicitor Adrian Mueller, including ones dated 8 February 2022, 27 February 2022, and 22 June 2022, which they completely ignored.
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.
service promises, exemplary culture and way of working, market leader.
The other strata company being analysed is Waratah Strata Management
In New South Wales, perverting the course of justice carries a maximum penalty of 14 years imprisonment. This offence involves obstructing, preventing, perverting or defeating the course of justice or the administration of the law.
The offence of Perverting the Course of Justice is contained in section 319 of the Crimes Act 1900 which states that a person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years.
To find a person guilty of this offence the prosecution must prove each of the following matters beyond a reasonable doubt:
Under federal law, there are serious consequences for a person who has been found to forge a signature. Under Section 144.1 of the Commonwealth Criminal Code Act 1995, there is a maximum penalty of ten years in jail for making a false document.
In addition, under section 145.1, if a person knowingly uses a forged document to induce a public official to accept it as genuine, they can face up to ten years' imprisonment.
The law says that "dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function" carries a penalty of up to ten years' jail.
