Épisodes

  • Who Controls Strata Litigation?
    Dec 1 2025

    In this episode of the Strata Law Podcast, Sachs Gerace Lawyers, Special Counsel, Clement Lo shifts the focus to one of the most misunderstood aspects of strata governance: who has the legal authority to settle litigation on behalf of an owners corporation.

    Contrary to popular belief, only a limited number of decisions actually require approval at a general meeting — and notably, settling litigation is not one of them. This revelation reframes how strata committees operate in high-pressure dispute scenarios and highlights the significant responsibility placed on committee members when legal proceedings are on foot.

    Clement outlines how personal emotions, principle-driven objections, and internal conflict can derail sensible settlement outcomes — particularly where the most cost-effective commercial solution may be to bring proceedings to an end.

    With recent legislative reforms increasing the expectations placed on committee members, this episode explores how governance, accountability, and strategic decision-making now intersect more than ever.

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    10 min
  • "Without Prejudice" in Strata Law: What It Really Means
    Oct 29 2025

    In today’s episode of the Strata Law podcast, we’re talking about a concept that often pops up in disputes but isn’t always well understood: “without prejudice.” What does it really mean? When can you use it in a strata dispute? And how can it protect you if your matter heads to the Tribunal?

    Joining us in this episode is Erin Keogh, a Solicitor at Sachs Gerace, who breaks down how “without prejudice” works, the myths around it, and why it’s a vital tool for keeping negotiations off the record and relationships intact.

    Whether you’re an owner, committee member, or strata manager, this episode will give you practical insights into resolving conflicts the smart way.

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    8 min
  • Building Defects in NSW: When Alternative Dispute Resolution Fails, What Next?
    Aug 31 2025

    In this episode of the Strata Law podcast, we’re discussing an issue that affects countless property owners across New South Wales — building defects and what happens when disputes can’t be resolved outside of court.

    Ann Fernando, Partner at Sachs Gerace Lawyers, an expert in strata and construction law, breaks down everything you need to know if you’re facing building defect problems. We cover:

    • The limitation periods under the Home Building Act — when the clock runs out on making a claim
    • The difference between major defects and minor defects, and why the classification matters
    • Who you can actually sue — builder, developer, or both — and in what circumstances
    • Which court or tribunal has jurisdiction, depending on the value of the claim
    • And the obligations of owners corporations under the Strata Schemes Management Act

    Whether you’re a homeowner or part of an owners corporation, this episode will give you practical guidance on protecting your rights and understanding the legal pathways available when things go wrong with your building.

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    9 min
  • Frozen: Can you let the property go?
    Aug 13 2025

    In this episode of the Strata Law Podcast, Special Counsel, Clement Lo from Sachs Gerace Lawyers discusses freezing orders — no, not the dessert — the powerful legal tool that can prevent millions from disappearing before judgment day. Clement breaks down the landmark decision in Aqualand North Sydney Lavender Development Pty Ltd v The Owners – Strata Plan No. 102081, recently handed down by the NSW Court of Appeal.

    You'll learn:

    • What a freezing order actually is and when courts apply it
    • The pivotal facts from the Supreme Court decision
    • Why the Court of Appeal upheld it — and why that matters
    • How this ruling could reshape how developers structure their projects


    Whether you're in strata management, construction law, or navigating a building defects dispute, this is an episode you can't afford to miss.

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    13 min
  • Off-the-Plan Promises vs Reality: Safeguarding Purchaser Rights in New Strata Developments
    Jul 8 2025

    Imagine this, you have secured—at considerable cost—an additional car space and storage cage in your off-the-plan contract. Yet on settlement day neither appears on the registered strata plan, and the developer maintains they were never part of the deal.

    In this episode, of the Strata Law podcast, Sachs Gerace Lawyers,' Solicitor, Erin Keogh discusses the legal mechanisms that often leave purchasers exposed in new residential developments.

    Drawing on current legislation and some recent cases, Erin explains how to verify (and, where necessary, enforce) the rights you believe you have purchased.

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    7 min
  • What You Need to Know About Remedial Works Contracts in Strata Schemes
    Jun 6 2025

    If you're part of an owners corporation, a strata manager, or even a resident trying to make sense of upcoming remedial works in your building, this episode is a must-listen. Navigating the legal and practical aspects of building repairs can be overwhelming, especially when residents are still living in the property and works need to be done with minimal disruption. In this edition of the Strata Law Podcast, David Sachs, Principal at Sachs Gerace Lawyers, brings clarity to the often-confusing world of remedial works contracts in strata schemes.

    David draws on decades of experience to explain why choosing the right contract is more than just ticking a box—it’s about ensuring your building is protected legally, financially, and logistically. He covers the critical role of the Home Building Act, the limitations of standard form contracts, and the importance of tailored special conditions that address the unique realities of occupied buildings undergoing repair. Whether you're replacing cladding, repairing balconies, or dealing with water ingress issues, this episode will help you avoid costly missteps and ensure your remedial works run smoothly from start to finish.

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    12 min
  • Demystifying Building Insurance Requirements in NSW (the Home Building Compensation Fund)
    Apr 28 2025

    Owners and owners corporations undertaking building work are often told that builders must provide insurance. But what does this really mean?

    In this episode of the Strata Law podcast, Sachs Gerace Lawyers, Associate Ramsha Nouman demystifies the building insurance requirements in NSW and will clarify what insurance under the Home Building Compensation Fund (HBCF) involves.

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    8 min
  • What is Litigation and How To Get Ready for It
    Apr 3 2025

    When disputes escalate, going to court can feel like stepping into the unknown. So what actually is litigation, and what should you know before taking that first step?

    Joining us in this episode of the Strata Law Podcast is Clement Lo, litigation expert at Sachs Gerace Lawyers, who brings a wealth of experience navigating high-stakes legal disputes. Together, we unpack the nuts and bolts of litigation—from when and why to start proceedings, to what a statement of claim really means, and how clients can best prepare to support their legal team.

    Whether you're contemplating legal action or just curious about how the justice system works behind the scenes, this episode has something for you.

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    12 min