Dispute Resolver Directory
Since being admitted to the NSW Bar in 1993, Steven has specialised in all types of building and construction disputes. Steven has acted as arbitrator, District Court arbitrator, Local Court arbitrator, mediator, District Court Referee, Supreme Court Referee and Expert Determiner. From 1990 to 1993 Steven was employed as an engineering consultant by Evans & Peck. From 1976 to 1990 Steven was a practising civil engineer in the construction of roads, bridges, dams, tunnels, buildings etc in NSW, Victoria, ACT, Fiji and UK.
BRYAN AHERNCANBERRA ACT
Extensive experience in civil and building construction, property development and maintenance works. Consultant in commercial contracts in all stages from concept development through to documentation, tendering, administration, and dispute resolution.
Ahern Construction Dispute Consultants provides specialist consultancy services to the construction industry. We provide straightforward and cost-effective solutions to construction disputes, contract reviews, and Security of Payments claims.
I solve complex legal and technical problems for engineering and construction clients.
I head a boutique law practice using professional experience of:
- 25 years as a lawyer dealing with front-end, contract administration and back-end issues; together with
- 15 years as a civil engineer as a construction contractor and consulting engineer;
to assist a wide range of clients to understand their risks, preserve or increase their cash position, whilst maintaining or improving their relationships with those with whom they contract.
Lolita MohylaAdelaide and nationally
I have been a Partner of Mohyla Architects Interior Designers since 1984, and am a registered Architect in SA, and formerly NSW, Qld & Victoria. For several years I have been Managing Partner of the practice as well as principle client contact for a variety or private and corporate clients. The firm is located in Adelaide and is predominantly commercially based. In 2007, in response to growing demand for my ADR services (Arbitration, Expert Witness work), I established LVM Group Pty Ltd. LVM Group provides all manner of ADR services, as well as advice on project delivery systems, forms of contract, contract clauses and project management services. I am a Grade 1 Arbitrator, and have undertaken numerous arbitrations, both private and Court-ordered. In 2012, I was appointed a permanent Commissioner of the Environment, Resources and Development Court of South Australia, a position I still hold today.
I am a Senior Counsellor and Honours Committee member of the Royal Australian Institute of Architects (RAIA) and a former member of the Experts Subcommittee of the Society of Construction Law Australia. In 2014, I was elevated to a Life Fellow of the RAIA for my involvement in and contribution to construction contracting, the architectural profession and promotion of women in the industry. I have served on, and chaired, a variety of Disciplinary Subcommittees, including several formal Disciplinary Hearings for the RAIA and the Architects Board of SA. I am a past Member/Deputy Member of a number of other bodies including the Architects Board of SA, the Botanic Gardens of Adelaide & State Herbarium, the State Heritage Authority, and the Building Advisory Committee. I have served as a Councillor of the RAIA (SA Chapter) and lectured at both the University of Adelaide and the University of SA. I have been nominated as an Arbitrator for the Panel of Arbitrators (rail access disputes), Economic Regulation Authority of WA for period 2020 to 2024. A more detailed CV can be provided upon request.
Solicitor: admitted 1987. Barrister: practising at NSW Bar since December 1988. Also admitted in Victoria, Queensland, Australian Capital Territory, Western Australia and Northern Territory. Member of the UK Bar since July 1992 (Honourable Society of Lincoln's Inn). Principal areas of practice include commercial litigation, building and construction law and trade practices. Acted as Arbitrator of NSW District Court since 1998. Member of Supreme Court Arbitration and Early Neutral Evaluation Panel. Lieutenant in Royal Australian Navy Reserves: Legal Panel. Other professional memberships include the International Bar Association, Amnesty International, UNICEF and the International Commission of Jurists (Australian Section).
Brydget Barker-Hudson (Medius Creating ResolutionQueensland - Townsville-based,
Expertise all forms dispute resolution - Mediation, Family Mediation, Conciliation, Facilitation, Restorative Practice, Arbitration, Med-arb.
Professional focus - Resources - Mining, environment, agriculture fisheries, aquaculture, forestry.
Business - SMBE, Franchising, Commercial disputes. Workplace, Environmental, Medical / Health-related
Family - Law - Children and Property; Succession and Elder negotiations
Culturally appropriate practice Aboriginal & Torres Strait Islander, Pacific, Japanese and Korean, Ethnic and religious communities
I work primarily in the area of Building Industry Dispute resolutions and I have a primary focus on the smaller contractors and their dispute with the prime contractors . I have 30 years of expertise in the construction industry linked to my dispute resolution qualifications. Associations: Institute of Arbitrators and Mediators of Australia National Electrical Contractors Association Rotary International � Past President, District Governors Rep and Board member Motor Cycling Australia � Level 2 Official Clerk of Course/Steward Australian Small Business Association � Formerly state vice president.
Hugh Foxcroft QCMelbourne, Australia
Hugh Foxcroft QC has considerable arbitration experience and practises as senior counsel in a civil practice involving appearances and paperwork relating to construction and commercial matters predominantly before arbitrators, special referees and in Supreme Courts.
During the last twenty years his practice has been principally concerned with major commercial construction and civil engineering project litigation, appearing mainly in arbitrations and special references. Hugh Foxcroft regularly appears and provides legal advice in proceedings related to major projects in Australia and overseas to principals, contractors, subcontractors and professional advisors.
Representative projects include the Pluto (WA) and Ichthys (NT) LNG projects, Lane Cove Tunnel (NSW), Crown Casino (Vic), Victorian Hospitals Cogeneration Project, Melbourne City Link, Victoria Regional Fast Rail Project, Geelong Road Widening Project, Eastlink (Vic), the Spencer Street Station Redevelopment, the Bakun Hydro-power Project (Philippines), the Stephensons Road tip Cranbourne (Brooklands Green methane escape), the Mindarie Waste Recovery Facility (WA) and the Trawalla rail crossing contribution proceedings (Vic).
Significant arbitration, construction law and adjudication cases in which Hugh Foxcroft QC has appeared include Command v Fletcher  VSC 235, Boral Resources (Vic) Pty Ltd v Robak Engineering & Construction Pty Ltd  2 VR 507, Manningham City Council v Dura (Australia) Constructions  3 VR 13, Anaconda Operations v Fluor Daniel  16 BCL 230, Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd  VSC 279, Australian Rail Track Corporation Ltd v Leighton Contractors  VSC 189, HIA Insurance Services Pty Ltd v Davey (2003) 7 VR 512, BMD Major Projects Pty Ltd v Victorian Urban development Authority  VSCA 221, Skilltech Consulting Services Pty Ltd v Bold Vision Pty Ltd  TASSC 3, IMC Aviation Solutions Pty Ltd v Altain Khuder LLC (2013) 38 VR 303 and H Buildings v Owners Corporation  VSC 802.
Hugh Foxcroft was appointed Senior Counsel (SC) in 2000, altered to Queens Counsel (QC) in 2014. He is admitted to practice in all Australian jurisdictions. As a Grade 1 arbitrator, Fellow and former National Councillor of the Institute of Arbitrators & Mediators Australia he has extensive experience in the conduct of arbitrations, including international arbitrations.
Hugh Foxcroft QC is a member of the Construction and Infrastructure Law Committee of the Law Council of Australia, Business Law Section and was a long term member of the committee of the Building Dispute Practitioners' Society, serving as President from 1995 to 1997. An accredited mediator with the Victorian Bar, Hugh Foxcroft QC has mediated many proceedings referred out to mediation by Judges in charge of the TEC List (formerly Building Cases List) in the Supreme and County Courts of Victoria.
Gregory Burton SC FCIArb FRISydney experienced senior counsel
Experienced Senior Counsel, mediator, arbitrator, expert determiner. auDA domain name dispute determiner.
Advocacy (trial and appellate) and specialist advice, conducting and appearing in mediations and arbitrations, auDA domain name dispute determiner (chair of 3-member panels and single-member panel), expert determiner.
Accredited/registered with statutory and private panels including NMAS, Resolution Institute Advanced Mediators Panel, Australian Disputes Centre, ACICA, CIArb, Kuala Lumpur Regional Centre for Arbitration.
Practice and dispute resolution areas: commercial and corporate, finance and securities, insolvency, insurance, equity, trusts, property (including IP and IT), competition law, succession, administrative law, associations and organisations, charities, employment law, contracts, torts and negligence, professional liability; personal injury (for mediations and arbitrations).
Fiona Cameron (FCIArb, NMAS)Melbourne
Commercial Dispute Resolution:
Fiona Cameron accepts appointments as arbitrator, mediator or tribunal secretary in relation to disputes across Australia and internationally. She is a Fellow of the Chartered Institute of Arbitrators, having completed CIArb's Diploma in International Commercial Arbitration, and has completed the ICC's Training for Tribunal Secretaries. Fiona is also a Nationally Accredited Mediator (NMAS).
Her areas of expertise include technology, engineering and construction disputes; transport, aviation and maritime law; and commercial and company disputes. She also has an interest in sports law and sits as a member of the Victorian Amateur Football Association's Independent Integrity Hearing Panel.
Fiona is recommended in Doyle's Guides to Leading Construction and Infrastructure Junior Counsel and to Leading Commercial Litigation and Dispute Resolution Junior Counsel.
Before being called to the Bar in 2015, Fiona was an Associate in both the Federal Court of Australia and the Supreme Court of Victoria, where she assisted with a range of commercial and public law matters.
Senior Contracts Administrator (Public Major Works Contracting) Overview of responsibilities for management of contracts management functions: " Management of tender and contracting process in ensuring appropriate probity and contestability standards are maintained. " Coordinating and managing efficient and effective contract management of contract agreements " Executing contracts under seal as delegate for the Minister (as Principal). " Managing and ensuring risk provisions of insurance requirements are in place and maintained for a Departmental perspective. Managing insurance agreements on capital works contracts. " Responsible for ensuring tender and contract management maintains government prudential legal and treasury requirements are maintained " Act as the principal representative for Building Management in liaising with the Crown Solicitors Office in dealing with significant matters " Providing high-level advice to senior manager/directors on contract issues within DAIS and with other departments. " Advising industry partners on contractual and industry issues. " Advising contract principles and managing dispute resolution procedures " Managing reporting functions to the Minister on contract engagements. Construction Manager Responsible for complete construction of allocated building projects, direct supervision of site supervisors, allocation of labour resources, budgeting, programming and successfully handing over projects to government clients Building Construction Employed in positions of project manager, construction manager, estimator/administrator on projects from residential to major commercial industrial.
Khory's opinion is sought by leading corporate and public sector participants on diverse strategic and operational issues. For over 20 years he has been at the forefront of cutting edge commercial, public sector, resources and major projects, industrial law and media litigation and advisory work. Khory has advised all levels of government on strategic issues and significant disputation matters, private sector participants on the impact on rights and contractual obligations as a consequence of government contracting party changing status, and risk management and employee safety programs. Khory is involved in advising on internal conflicts, inter-office defamation issues, contracts for external service providers, liability for the acts of agents and exclusivity arrangements and ability to terminate. Khory is a Queensland Supreme Court and Queensland Law Society approved mediator.
Graham Morrow, Barrister & SolicitorConstruction law, adjudication, contract disputes, arbitrator
I provide contact advice, negotiate on behalf of clients and advocate in all courts, arbitrations, tribunals and before expert determiners. I prepare adjudication applications & responses
I also sit as a:
- Registered Adjudicator under the Construction Contracts Act 2004 (WA); &
- Graded Arbitrator;
and I have the ability ot determine disputes as an expert in building contract matters, due to the combination of formerly being a Quantity Surveying and building consultant and having practised as a lawyer in construction law and all related areas since 2002.
Vasantha StesinMelbourne, Australia wide
Commercial, court mandated, panel based disputes,Victoria and Australia wide. Private mediations also conducted (mainly through individuals, companies and solicitor appointments). Previous academic roles with the University of New South Wales and Monash University;
Experienced senior corporate executive, then, commercial, health, intellectual property lawyer/litigator and mediator/arbitrator with over 40 years of marketing and business development experience in the pharmaceutical industry and then, law practice in major large national and international law firms in Australia and Singapore; practised in Barristers' Chambers at Lincoln's Inn in London;
Legal practice in corporate, commercial, health, intellectual property including litigation at the AAT, VCAT, Supreme Court, Federal Court and High Court. LLB from the University of Wales, LLM from the University of London and admitted as a Barrister in England and Wales, Singapore and as a solicitor in Australia. Currently sole practitioner with specialist DR practice.
View CV and LinkedIn profile for further information.
Toby Shnookal first qualified and gained experience as a Civil Engineer in the oil industry and then in civil construction before turning to the law. He is one of very few Senior Counsel in Australia with engineering qualification and experience. At one time he owned and operated a small construction company. Since 2016 he has practised almost exclusively as a Neutral - Arbitrator, Expert Determiner, Facilitator, Mediator, Adjudicator and Counsel Assisting in Enquiries. He has BE (Civil), LLB (Hons) and a diploma in International Arbitration (CIArb). He is a co-author of Brooking on Building Contracts 4th Edition. He did articles with Professor John Sharkey AM and read with the Honourable Justice Digby.
More details are on the website https://www.vicbar.com.au/profile/6604
Philip Martin has over thirty years experience in the building and construction industry. He has extensive experience in the structural design and the construction of buildings and civil projects both in Australia and overseas. He has been involved in dispute resolution for the past ten years providing reports and expert evidence for court proceedings and arbitration and he is an experienced arbitrator and adjudicator. He has gained experience as an engineer having worked on a variety of projects as a design consultant and managing construction sites. The work has been carried out on behalf of contractors, developers and consultants. These projects included roadwork, bridges, stormwater drainage, high rise buildings, schools, factories and residential projects. This has provided extensive experience on both large and small scale projects and required a thorough knowledge of the relevant standards and building codes. The work undertaken has encompassed all stages of building and construction from site acquisition to detailed design and construction. Mr. Martin has extensive experience in dispute resolution having been involved in a number of building and manufacturing disputes, contractual mediations and negotiations. He has also reported on defective building works, appeared as an expert witness, and appeared as a client representative in arbitration. Also he has assisted in mediations. He is also an experienced arbitrator in building and manufacturing matters and an experienced adjudicator under the Building and Construction Industry Security of Payment Act.
Shady MikhailNSW & Australia Wide
CFPM Solutions is a construction consulting firm working with both Principals and Contractors and their legal advisors. As the Principal of CFPM Solutions, I provide expert evidence service in the field of delay analysis and forensic planning, Adjudication (QBCC) and Expert Determination.
I bring extensive planning and scheduling experience, and an understanding that time management, proper planning and scheduling practices are key to the success of a project. Despite all the great efforts that the contracting parties invest in making a successful project, conflicts and difficult contractual relationship might ultimately eventuate. From this fact, I provide construction front-end as well as back-end services.
I provide back-end services for dispute resolution purpose. I also provide front-end project advisory services.
On the back-end, I provide the following 2 streams:
- Expert Service in the field of forensic investigation of project delay & disruption, programming, EOT claims. I work in high value mega construction projects in different profiles and different form of contracts.
- Determinative stream and decision making in an adjudicator and expert determiner roles.
On the front end, my services also focus on time management is in the centre of the business operations. Time management involves the following:
- Integrated planning, scheduling and project controls - this includes preparation of the baseline programme and subsequent updates all through to the as-built programme. Also developing the Key Performance Indicators and setting up Earned Value Management systems for progress monitoring and control.
- Contemporaneous delay and disruption analysis - this is normally bound by what the contract dictates and the context surrounding the available records;
- Advisory for alternative dispute resolution purpose for any tier of ADR processes (adjudication, expert determination, mediation and arbitration) and in any stage during a project life.
Whether at the front end or the back end, the quality of investigation and the presentation of the end product is a core value of my service.
Marina DulhuntyHunter, Hawkesbury, Sydney
Insurance, superannuation, Family Provision Act matters, estates, Industrial relations and employment, Trusts, equity, winding-up, racehorse/syndication disputes, Retail Leases, loans, mortgage possession matters, debt matters, costs assessment as a Supreme Court costs assessor since 2002.
Karyn Reardon specialises in resolution of large construction and engineering disputes. Karyn has first hand experience in the construction industry having worked for one of Australasia's largest rural construction companies. Karyn also has teaching experience with QUT and has conducted on-site training for corporate clients. Karyn has represented parties in a wide range of construction and engineering disputes including: � disputes arising from a wide range of engineering projects including projects for the construction of roads, rail lines, mines and a bulk sugar terminal � disputes arising from commercial construction projects including a major Olympics 2000 venue and the Queensland Cultural Centre � disputes arising from various retail construction projects � disputes arising from residential low rise and high rise construction projects Presentations � 2 October 2003 - briefing Institute of Arbitrators and Mediators (Queensland Chapter): The Future of Expert Determinations (Age Old Builders v Swintons) � 6 March 2003 - briefing Institute of Arbitrators and Mediators (Queensland Chapter): Assessment of Damages for Misleading and Deceptive Conduct (I&L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd). � March 2002 - briefing National Association of Women in Construction (Qld chapter): Consequences of the Subcontractors' Charges Amendment Act. � December 1999 - briefing Institute of Arbitrators and Mediators (Queensland Chapter): Issues arising from the Queensland Building Services Authority Amendment Act of relevance to arbitrators. � September 1999 - briefing Australian Industry Group: How will its members be affected by the Queensland Building Services Authority Amendment Act.