The Strata Law Podcast with David Sachs

What happens when a lot owner renovates without approval?

In this episode of the Strata Law Podcast, Sachs Gerace Lawyers,' Associate Ramsha Nouman breaks down unapproved works under NSW strata law and explains the risks they can create for owners corporations and lot owners.

From kitchen and bathroom renovations to waterproofing, structural changes and works affecting common property, Ramsha explains when approval is required, what can happen when works proceed without it, and the legal options available to an owners corporation.

We also discuss retrospective approvals, common property rights by-laws, insurance and maintenance responsibilities, and practical steps owners corporations can take to prevent unauthorised works before they begin.

If your strata scheme is dealing with unapproved renovations—or wants stronger processes in place to avoid them—this episode provides a practical overview of what you need to know.

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In this episode of the Strata Law Podcast, Sachs Gerace Lawyers Associate Erin Keogh discusses what owners corporations need to know before entering into a strata management agreement.

From understanding exactly what a strata managing agent is authorised to do to identifying additional fees, commissions and contractual obligations, Erin explains why it’s important to look beyond the headline management fee and understand the agreement as a whole.

The episode also explores appointment terms, renewal and termination clauses, and the options available when a strata management relationship isn’t working as expected. With a focus on New South Wales strata law, it offers practical insights to help owners corporations better understand their agreements, identify potential risks and avoid costly disputes.

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In this episode of the Strata Law podcast, Anne Fernando, Partner at Sachs Gerace Lawyers explains one of the most important—but often misunderstood—aspects of litigation: legal costs. 

In this episode, Anne breaks down what legal costs actually include, who pays them, and why commencing legal proceedings is as much a financial decision as it is a legal one. 

Through practical examples, Anne explores the risks of litigation, the impact of settlement offers, the differences between court and tribunal cost rules, and why even a successful party may not recover all of their legal expenses. 

Anne also discusses when litigation is commercially worthwhile, when settlement may be the better option, and how obtaining sound legal advice can help individuals and businesses make informed decisions before taking legal action.

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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.

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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.

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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.

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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.

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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 scrutinise
• A real-world case where an owners corporation accidentally signed away its right to pursue fire compliance defect claims
• What an indemnity is and how it differs from a release — one ends claims, the other creates ongoing obligations
• How indemnities commonly arise in strata building defects disputes between owners corporations, builders, and lot owners
• Why AI-drafted contracts are no substitute for a lawyer who can tailor these clauses to your specific situation

Whether 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
 
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📜 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. 

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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 agreements

Need help, contact Sachs Gerace Lawyers

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