The Elephant In The Room Property Podcast | Inside Australian Real Estate

Old Laws, New Problems: Prof. Cathy Sherry on How Strata Blocks Progress in Australia’s Cities


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Australia’s strata system was once a clever solution to urban living — a way to share land, lift homeownership, and build communities in growing cities. But decades later, that same framework is struggling to keep up with modern life.

What once worked for small, low-rise communities now governs the high-density towers that house millions of Australians. The result? Costs have climbed, decision-making has grown more complex, and owners often find themselves footing bills for problems they didn’t create

In this episode, Prof. Cathy Sherry — Professor at Macquarie Law School and Executive Member of Smart Green Cities — explains how Australia’s outdated strata laws are now out of step with the country’s housing and sustainability goals. A leading international expert in land law and high-density development, Prof. Sherry unpacks how laws written in the 1960s for small walk-ups can’t handle the complexity of modern cities, locking owners into costly contracts, rising levies, and embedded energy networks that limit both choice and progress.

From the hidden costs buried in off-the-plan sales to the barriers stopping apartments from going solar, Cathy reveals how a system designed to help Australians share space has instead made it harder to live well, live green, and live fairly.

Listen now to learn why reforming strata isn’t just a legal fix — it’s key to building a fairer, more sustainable housing future for everyone.

Episode Highlights

00:00 – Introduction

01:16 — Meet Prof. Cathy Sherry: Australia’s Leading Expert on Strata Law

01:50 — How Shared Living Became Complex: The Challenge of Strata Ownership

03:15 — Strata Levies, Legal Layers, and Why Collective Ownership Is Tricky

06:37 — The Hidden Dangers of Buying Off-the-Plan Apartments in Australia

11:09 — Embedded Networks Explained: The Hidden Costs of Strata Energy Deals

20:18 — Can the Law Catch Up? Why Strata Reform Is Urgent for Modern Cities

26:00 — Stratum Lots and Mixed-Use Buildings: Understanding Shared Land Titles

26:48 — What Strata Management Statements Mean for Building Governance

27:32 — Why Prof. Cathy Sherry Advocates for Fairer and Smarter Housing Laws

28:54 — High-Density Housing Challenges: When Bigger Doesn’t Mean Better

30:11 — Why Home Ownership Still Matters for Stability and Social Equality

31:51 — Where Strata Schemes Fail: Issues With Governance and Accountability

35:23 — How Investor Incentives Have Shaped Australia’s Housing Market

43:27 — Smart Green Cities: Connecting Strata Reform to Sustainability Goals

44:42 — Property Dumbo: A Real-World Example of Strata Mismanagement

46:20 — Final Reflections and Where to Learn More From Prof. Cathy Sherry

Links
  • Article: Embedded networks in high-density and master-planned housing

About the Guest

Cathy Sherry is a Professor in Macquarie Law School and Executive Member of Smart Green Cities. She is a leading international expert in land law, with a particular focus on high density development. Her book Strata Title Property Rights: Private governance of multi-owned properties (Routledge, 2017) is the first academic monograph on Australian strata title. It has been cited by the Privy Council and the New South Wales Court of Appeal. Professor Sherry's research focuses on the complex legal, economic and social relationships created by collectively owned land. 

Professor Sherry regularly advises governments, domestically and internationally, on the laws governing multi-owned properties. She was a member of the United Kingdom Law Commission Technical Committee for the Reform of Commonhold from 2018-2020, and was engaged by the International Finance Corporation (World Bank Group) to reform the Fijian Unit Titles Act 1985 in 2021. She has advised governments in Asia, the Pacific and Middle East. In 2012, Professor Sherry was employed by the Administration of Norfolk Island to write a White Paper on the introduction of strata title to the Island, leading to the Community Title Act 2015 (NI).

Connect with Cathy
  • LinkedIn


Resources
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The Elephant In The Room Property Podcast | Inside Australian Real EstateBy Chris Bates

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