The Strata Law Podcast with David Sachs

What happens after a strata dispute is resolved? How can parties ensure the conflict doesn't continue?In this episode of the Strata Law Podcast, David Sachs of Sachs Gerace Lawyers explains the purpose and practical value of non-disparagement clauses in settlement agreements. He discusses how these clauses can help bring personal disputes to an end, preserve working relationships within owners corporations, and reduce the risk of ongoing conflict.David also explores when non-disparagement clauses are appropriate, whether they are legally enforceable, and the importance of tailoring them to the specific circumstances of a dispute. Using a recent court case as an example, he explains how Australian courts approach these clauses and the key considerations when drafting or negotiating them.Whether you're a lot owner, strata committee member, strata manager or legal professional, this episode provides practical insights into an often-overlooked tool for achieving lasting dispute resolution.Produced by Law Firm Marketing experts, Practice Proof

Have you ever wondered what actually makes an agreement legally binding? Is a signature enough, or are there other legal requirements that need to be met?In this episode of the Strata Law Podcast, Despina Veleski of Sachs Gerace Lawyers explains what it takes to properly execute an agreement and why who signs a document can be just as important as the signature itself.You'll learn about the different ways agreements can be signed, including physical, electronic and counterpart execution, and discover the key factors that determine whether an agreement will be legally enforceable. Despina also discusses how signing requirements differ for individuals, companies and owners corporations, and why authority, process and intention are critical to getting it right.Whether you're involved in a commercial transaction, dealing with a strata matter, or simply want to better understand the legal effect of signing an agreement, this episode provides practical guidance on avoiding common mistakes and ensuring your agreements stand up when it matters most.Produced by Law Firm Marketing experts, Practice Proof

In this edition of the Strata Law Podcast, Clement Lo, Special Counsel at Sachs Gerace Lawyers, discusses the often emotionally charged world of strata disputes and litigation. Drawing on the iconic line from the movie, "The Castle" — “It’s a home I’ve got, not a house” — Clement explains why conflicts in strata schemes can escalate so quickly, and why owners and committees alike often struggle to think clearly when their personal space feels under threat. In this podcast, Clement discusses the legal duties of strata committees under Section 37 of the Strata Schemes Management Act 2015 (NSW), the obligations litigants owe to courts and tribunals, and the commercial realities committees must weigh before pressing ahead with a dispute. Clement also offers practical guidance on costs, risk, and the importance of setting aside pride and ego, while explaining when defending proceedings genuinely is the right course of action.Produced by Law Firm Marketing experts, Practice Proof

In this episode of the Strata Law Podcast, Sachs Gerace Lawyers' Erin Keogh discusses a topic that plays a crucial role in strata living—confidentiality clauses. Whether you're working with an owners corporation, a strata committee, or advising clients looking to buy into a scheme, this is a subject that comes up time and time again. Erin explores how confidentiality clauses work, when they apply, and why they’re so important for managing disputes, protecting legal advice, and maintaining relationships within a building. Erin also discuses strata schemes can balance openness with discretion, while still meeting legal obligations under New South Wales strata laws.Produced by Law Firm Marketing experts, Practice Proof

You've reached a settlement in your strata dispute — the negotiations are done, and it's time to put pen to paper. But buried in that deed are two terms that could define your rights for years to come: the release and the indemnity. In this episode of the Strata Law Podcast, David Sachs, Principal of Sachs Gerace Lawyers, unpacks two of the most commonly misunderstood terms in settlement documents and contracts — and explains why they demand careful, tailored drafting. David breaks down: What a release actually is — and why the definition of "claims" in the document is the part you need to scrutiniseA real-world case where an owners corporation accidentally signed away its right to pursue fire compliance defect claimsWhat an indemnity is and how it differs from a release — one ends claims, the other creates ongoing obligationsHow indemnities commonly arise in strata building defects disputes between owners corporations, builders, and lot ownersWhy AI-drafted contracts are no substitute for a lawyer who can tailor these clauses to your specific situationWhether you're an owners corporation settling a defects claim, a builder negotiating a deed of release, or a lot owner trying to understand what a settlement document commits you to, this episode is essential listening. Need help? Contact Sachs Gerace Lawyers: www.sglawyers.com.au Produced by Law Firm Marketing experts, Practice ProofProduced by Law Firm Marketing experts, Practice Proof

📜 Settling a legal dispute? Make sure it's recorded properly—or risk losing everything you've agreed to. You've finally reached an agreement with the other party. The hard part is over, right? Not so fast. How you record that settlement agreement can make or break your ability to enforce it later. Get it wrong, and you could find yourself back at square one—or worse, bound by terms you never intended. In this episode of the Strata Law Podcast, Sachs Gerace Lawyers, Anne Fernando discusses the two usual ways to formally record a settlement agreement: consent orders and settlement deeds. Whether you're navigating a home building dispute, strata issue, commercial disagreement, or any civil claim in New South Wales, understanding when to use each option—and what must be included—could save you thousands of dollars and countless sleepless nights. Whether you're a property owner, builder, strata committee member, or just someone trying to resolve a dispute efficiently, this podcast gives you the knowledge you need to make informed decisions and avoid costly mistakes. Produced by Law Firm Marketing experts, Practice Proof

Think you need a signed contract to be legally bound? Think again! 🚨 In this episode of the Strata Law Podcast, Despina Veleski, from Sachs Gerace Lawyers unpacks what a binding agreement really is — and why it’s one of the most misunderstood concepts in contract law. From quotes and emails to verbal arrangements and unsigned documents, Desipna breaks down how enforceable obligations can arise long before a formal contract is signed.Discover why that simple "yes, go ahead" email or accepted quote could lock you into legal obligations you never intended. Whether you're managing a strata property, hiring a builder, or running a construction business, understanding binding agreements could save you from expensive disputes and legal headaches. What You'll Learn: ✅ The 3 critical elements that create a binding agreement (it's not just signatures!) ✅ How verbal agreements and emails can become enforceable contracts ✅ Why quotes aren't "just quotes"—when they become legally binding ✅ Common misconceptions that lead to legal trouble ✅ How to protect yourself when entering agreementsNeed help, contact Sachs Gerace LawyersProduced by Law Firm Marketing experts, Practice Proof

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. Produced by Law Firm Marketing experts, Practice Proof

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.Produced by Law Firm Marketing experts, Practice Proof

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 claimThe difference between major defects and minor defects, and why the classification mattersWho you can actually sue — builder, developer, or both — and in what circumstancesWhich court or tribunal has jurisdiction, depending on the value of the claimAnd the obligations of owners corporations under the Strata Schemes Management ActWhether 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.Produced by Law Firm Marketing experts, Practice Proof

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 itThe pivotal facts from the Supreme Court decisionWhy the Court of Appeal upheld it — and why that mattersHow this ruling could reshape how developers structure their projectsWhether you're in strata management, construction law, or navigating a building defects dispute, this is an episode you can't afford to miss.Produced by Law Firm Marketing experts, Practice Proof

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.Produced by Law Firm Marketing experts, Practice Proof

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.Produced by Law Firm Marketing experts, Practice Proof

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.Produced by Law Firm Marketing experts, Practice Proof

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.Produced by Law Firm Marketing experts, Practice Proof

In this episode of the Strata Law Podcast, Anne Fernando, Partner at Sachs Gerace Lawyers discusses the proposed changes to the Strata Schemes Management Act 2015—a topic that’s got lot owners, strata committees, and owners corporations paying close attention.What’s the current status of these proposed reforms? How will they impact those who own, manage, and live in strata properties? And most importantly, how can you navigate these changes effectively?We’ll explore:✔️ What the proposed changes mean for lot owners✔️ The implications for strata committees and owners corporations✔️ Whether other legislative shifts could also impact strata management✔️ And how Sachs Gerace Lawyers can help you stay compliant and ahead of the curveProduced by Law Firm Marketing experts, Practice Proof

In this episode, of the Strata Law podcast, David Sachs of Sachs Gerace Lawyers discusses the Owners-Strata Plan No 89074 v Ceerose, the long-running saga of a 16-storey residential development on Elizabeth Street, Sydney which pivots on the principle of mitigation and the obligation to take reasonable steps to minimise loss in building disputes.Contact David: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this edition of the Strata Law Podcast, we're unpacking the latest shake-up in New South Wales strata living. The state government has just introduced a new suite of reforms to parliament, boldly describing them as a "high-water mark" for strata living. But what does this mean for the millions of residents in apartments, townhouses, and unit complexes across NSW—particularly the strata committees and owners' corporations that represent them?We're discussing these reforms with David Sachs of Sachs Gerace Lawyers.Produced by Law Firm Marketing Agency, Practice ProofProduced by Law Firm Marketing experts, Practice Proof

Navigating the complex world of building contracts is essential for running a successful building and construction business and avoiding lengthy, costly litigation. In this episode of the Strata Law Podcast, Dan joins Sachs Gerace Lawyers, Associate, Ramsha Sulaman to discuss the common pitfalls that can trip up even the most experienced builders.Produced by Law Firm Marketing experts, Practice Proof

In this edition, of the Strata Law Podcast, Sachs Gerace Lawyers, Senior Associate, Clement Lo discusses the application of section 106, of the Strata Schemes Management Act NSW, the 2 Year Limitation Period. Produced by Law Firm Marketing experts, Practice Proof

In the context of strata law in NSW,  If a matter is urgent and time sensitive, an applicant can seek urgent orders in the NSW Civil and Administrative Tribunal or NCAT, as its colloquially known.  But, how do you do it? In today's podcast, Sachs Gerace Lawyers, Partner Anne Fernando discusses the matter.  Reach Anne: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this episode of the Strata Law Podcast, David Sachs discusses:the consequences of non-compliance with NCAT orders;the wide range of orders NCAT can issue;what steps to take if you find yourself unable to meet a procedural order;the serious implications of disregarding a final order.Contact David and the team at www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this podcast, Theresa Khoury discusses notable cases that highlight the evolving landscape of Strata Law in New South Wales. Reach out to Sachs Gerace Lawyers: https://sglawyers.com.au/Produced by Law Firm Marketing experts, Practice Proof

According to the 2020 Australasian Strata Insights Report 2020, there were over 1.2 million people living in more than 325,000 strata lots across 83,000 strata schemes in New South Wales and that number is expected to grow dramatically in the next few years. In this context, it is completely understandable that lot owners frequently are wanting to do things to their property or common areas that require approval by the owners corporation. Crucial to this is of course is conveying what you want in the form of a motion for consideration by the owners corporation and it's not exactly a walk in the park. In this podcast, David Sachs of Sachs Gerace Lawyers discusses what you need to know about drafting a motion. Contact David at www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In the context of strata, It goes without saying that a dispute regarding building defects can have major ramifications on all involved, hence the necessity to resolve matters promptly before they get out of control. Alternative Dispute Resolution or ADR as it is commonly referred to, is a growing means of resolving disputes. In this podcast, Sachs Gerace Partner, Anne Fernando discusses how ADR can assist Owners Corporations in such dispute matters.Contact Sachs Gerace: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

When it comes to the resolution of disputes in strata, it doesn't necessarily mean that the only way to resolve the matter is through litigation. In fact, for many jurisdictions, litigation is the last resort, after parties have tried to resolve through mediation. In this context, in this edition of the Strata Law Podcast, Theresa Khoury of Sachs Gerace Lawyers discusses mediation and strata.  Contact Sachs Gerace Lawyers: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In December last year, there were a number of legislative updates to the NSW Strata Schemes Management Act 2015. Some of these changes will have a significant impact on strata schemes throughout New South Wales. In this edition of the podcast, Clement Lo, of Sachs Gerace Lawyers discusses these key changes.Produced by Law Firm Marketing experts, Practice Proof

It's likely you may have heard the term NCAT, which is an abbreviation for the NSW Civil and Administration Tribiunal. Now not only does that tribunal hear a wide range of matters every day, but often the people before the tribunal are representing themselves. It goes without saying that that can prove to be a tumolutous event. In this podcast, David Sachs of Sachs Gerace Lawyers gives an overview of NCAT and how to be best prepared.Contact David: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers’ Senior Associate, Clement Lo, explores the key functions of a Strata committee but also the reasons that you may or may not want to become a member of such a committee.Visit Sachs Gerace Lawyers at www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers’ Partner, Anne Fernando, talks about how owners corporations should be very careful with indemnity clauses in their by-laws, particularly with respect to, when they try to recover legal costs from lot owners.Produced by Law Firm Marketing experts, Practice Proof

In our previous edition of the Strata Law Podcast, you might recall that David Sachs of Sachs Gerace discussed what you need to know about preparing documents and evidence for NCAT. Well, in this edition, I continue the conversation with David and today, we're specifically talking about the importance of expert evidence.Reach David: www.sglawyers.com.au Produced by Law Firm Marketing experts, Practice Proof

If you're involved in a forthcoming NSW Civil and Administrative Tribunal (NCAT) hearing, it's likely that you have plenty of questions.In this edition of the Strata Law Podcast, Sachs Gerace Lawyers, Principal, David Sachs provides a thorough walk-through of everything you need to know to achieve the best results.Need help: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this episode of the Strata Law Podcast, Clement Lo, Senior Associate from Sachs Gerace discusses the recording requirements of Owners Corporations and Strata Managers.Contact Clement at www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

In this edition of the Strata Law Podcast, Anne Fernando, Partner at Sachs Gerace Lawyers discusses the  legal recourse that lot owners may have in those circumstances where an owners corporation fails to comply with its duty to repair and maintain common property. Produced by Law Firm Marketing experts, Practice Proof

When it comes to Strata, perhaps the most fundamental question that needs determination is who owns what, getting this wrong of course can have major ramifications. In this podcast, Theresa Khoury, Solicitor at Sachs Gerace Lawyers, discusses what you need to know about access orders in Strata.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, David Sachs of Sachs Gerace Lawyers discusses the current state of play in NSW in relation to smoke drift and other nuisances in strata schemes.For more information: www.sglawyers.com.auProduced by Law Firm Marketing experts, Practice Proof

Strata and building disputes are often complex in nature, particularly when there is litigation involved. And for most, you add another layer of complexity when you’re trying to get your head around the jurisdiction where your matter sits and of course, what Court or Tribunal ultimately will determine the matter. In this podcast, David Sachs explores this topic.Produced by Law Firm Marketing experts, Practice Proof

Water ingress issues are commonplace when dealing with strata. In this podcast, Partner Anne Fernando discusses the obligations owners corporations have when it comes to water ingress issues and other strata concerns.Produced by Law Firm Marketing experts, Practice Proof

Defining what common property is in a strata scheme is a fundamentally important thing to know. In this edition of Strata Law Podcast, David Sachs discusses all things common property.Produced by Law Firm Marketing experts, Practice Proof

It goes without saying that when there is money involved, there are likely to be disputes. That's certainly the case in strata law, particularly in the context of levies. In this edition of the Strata Law podcast, David Sachs discusses levies and the types of disputes that often derive from them.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers’ David Sachs shares several cases that his firm has been involved in that illuminate what can go wrong when legal advice is not sought early in disagreements concerning common property repairs.Produced by Law Firm Marketing experts, Practice Proof

In this Strata Law Podcast, Partner Rebecca Moufarrege discusses everything you need to know about the reporting requirements for Strata schemes in New South Wales.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers’ David Sachs discusses Interim Orders and the reasons that such orders are sought and made by NCAT.Produced by Law Firm Marketing experts, Practice Proof

In this edition of the Sachs Gerace Lawyers podcast, Partner, Rebecca Moufarrege discusses what you need to know about changing by-laws in New South Wales.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers, Partner Anne Fernando discusses the important changes to short-term rental laws in NSW.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, David Sachs discusses the key things that Owners Corporations need to consider before executing building works.Produced by Law Firm Marketing experts, Practice Proof

In this podcast, Sachs Gerace Lawyers’ David Sachs talks about things you need to know about building defects in a Strata Scheme.Produced by Law Firm Marketing experts, Practice Proof

In this podcast episode, leading Sydney Strata Lawyer, David Sachs discusses the importance of drafting effective motions. Produced by Law Firm Marketing experts, Practice Proof