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
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Cathy Sherry — Professor at Macquarie Law School and Executive Member of Smart Green Cities — explains how Australia’s outdated strata laws are now out of step with the country’s housing and sustainability goals.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
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
Resources
- Visit our website: https://www.theelephantintheroom.com.au
- If you have any questions or would like to be featured on our show, contact us at:
- The Elephant in the Room Property Podcast - questions@theelephantintheroom.com.au
- Looking for a Sydney Buyers Agent? https://www.gooddeeds.com.au
- Work with Veronica: https://www.veronicamorgan.com.au
- Looking for a Mortgage Broker? alcove.com.au
- Work with Chris: chrisbates@alcove.com.au
Enjoyed the podcast? Don't miss out on what's yet to come! Hit that subscription button, spread the word, and join us for more insightful discussions in real estate. Your journey starts now!
- Subscribe on YouTube: https://www.youtube.com/@theelephantintheroom-podcast
- Subscribe on Apple Podcasts: https://podcasts.apple.com/ph/podcast/the-elephant-in-the-room-property-podcast/id1384822719
- Subscribe on Spotify: https://open.spotify.com/show/3Ge1626dgnmK0RyKPcXCathy0?si=26cde394fa854765
If you enjoyed today’s podcast, don’t forget to subscribe, rate, and share the show! There’s more to come, so we hope to have you along with us on this journey!
See you on the inside,
Veronica & Chris