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If you’ve ever sat on a strata committee, you’ve likely encountered a situation where sensitive information needed to be handled with care — whether it’s a dispute between lot owners, confidential legal advice, or negotiations to resolve a building issue quietly.
Confidentiality clauses are one of the most important — and most misunderstood — tools available to owners’ corporations in New South Wales. Get them right, and they can protect your scheme, preserve relationships, and shield privileged legal advice. Get them wrong, and you risk breaching your obligations under the Strata Schemes Management Act 2015 (NSW), or worse, inadvertently waiving legal privilege at a critical moment.
As highlighted in Eastmark Holding Pty Ltd v Kabraji (No.3) [2012] NSWSC 1463, the failure to properly assert confidentiality over legal advice can have serious consequences — a lesson that every owners corporation and strata committee should take to heart.
In this episode of the Strata Law Podcast, Sachs Gerace Lawyers’ Erin Keogh unpacks how confidentiality clauses work, when they apply, and why getting the balance right between openness and discretion is so critical in strata living.
Have questions about confidentiality clauses or strata governance in your scheme? Contact Sachs Gerace Lawyers for expert advice tailored to your situation.
