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Below is a list of adjudicators who are currently registered under the Construction Contracts Act 2004 to review and determine construction contract payment disputes in Western Australia.

Adjudicators A–E

Graham Anstee-Brook – Dalkeith

​(Adjudicator Certificate No. 1)

42 Minora Road
Dalkeith WA 6009
Mobile: +61 (0) 412 288 554
Phone: (08) 9389 6607
Email: graham.ansteebrook@aurecongroup.com

Profile

Graham Anstee-Brook is a construction lawyer with 30 years experience and is also a Graded Arbitrator, Mediator and Adjudicator under the Construction Contracts Act in Western Australia and the Northern Territory.

He was Chairman of the Institute of Arbitrators and Mediators Australia (WA) Chapter and was instrumental in preparing the course material and training of the first adjudicators in WA.

After 30 years of private legal practice Graham joined an international engineering and construction consultancy as in-house counsel. His experience in private practice and as inhouse counsel delivers a perspective well suited to resolving disputes by alternative methods and in particular adjudication.

Adjudicator's rates

$400.00 per hour plus GST and disbursements.

Deon Baddock – Mullaloo

(Adjudicator certificate No. 86)

PO Box 965
Hillarys
WA 6927
Mob: 0411 267 899
Email: dbaddock@bigpond.com
Note: business address available on request

Profile

Deon Baddock, BECivil(Hons), PGradCertMgmt, MIEAust, CPEng, NPER, MIAMA, MAICD

Deon is a highly experienced professional engineer, contracts/commercial manager and adjudicator with 20 years experience working in operational, management and executive positions with public and private companies on major road, bridge, rail, subdivisions, landfills, electrical, structures, oil & gas and mining  infrastructure projects as well as contract mining. Deon has specialised in contract and commercial management throughout his career with particular expertise in contractual entitlement, quantum claims and delay and disruption claims in all forms of contract, such as construct only, design and construct and alliances.

Deon has worked in client, contractor and subcontractor roles and has been involved in all stages of the project delivery lifecycle. Whilst being an adjudicator in WA, Deon also provides services for both the preparation and response of Adjudication Applications for principals, contractors and subcontractors, and was most recently involved in leading several large disputes, adjudications with subsequent supreme court actions.

Qualifications and Professional Memberships

  • Bachelor of Engineering (Civil) Honours
  • Postgraduate Certificate in Management, comprising studies in Dispute Resolution, Project Management, Law & Business and Economics (Distinction or High Distinction)
  • Certificate in Adjudication (WA)
  • Lead Auditor in Quality Systems
  • Practitioner Member of the Resolution Institute / IAMA
  • Member of the Institution of Engineers Australia (MIEAust)
  • Chartered Professional Engineer, Civil & Structural (CPEng)
  • National Engineers Register, Civil & Structural (NER)
  • Member of the Australian Institute of Company Directors (MAICD)

Adjudicator rates

$300 per hour plus GST
Expenses and disbursements at cost

Colin Bond – Ascot, QLD

(Adjudicator Certificate No. 55)

Hammond James Associates
140 Oriel Road
Ascot  QLD 4007
Phone: + 61 7 3360 0872
Fax: + 61 7 3256 0915
Mobile: 0414 419 455
Email: cbond@hammondjames.com.au

Profile

Colin is a chartered quantity surveyor and commercial manager with over 30 years industry experience. He has worked in UK, Ireland, and most recent 10 years in Australia.

He is a practicing adjudicator in Western Australia, Queensland, New South Wales, Tasmania and the Australian Capital Territory.

He has a wide range of experience in major building and infrastructure projects throughout Australia. Colin specialises in front end procurement and dispute resolution on major engineering and mining projects.

Qualifications

Bachelor of Science in Quantity Surveying
Associate of Australian Institute of Quantity Surveyors 
Member of Royal Institution of Chartered Surveyors 
Member, Building Dispute Practitioners Society
Registered Adjudicator in WA, QLD, NSW, TAS and ACT

Adjudicator's rates

$275.00 per hour plus GST. Expenses and disbursements at cost.

Gavin Brackenreg – Coolbinia

(Adjudicator Certificate No. 33)

13 Carnarvon Crescent
Coolbinia WA 6050
Phone: (08) 9242 1169
Fax: (08) 9242 2020
Mobile: 0411 597 547
Email: brackg@bigpond.net.au

Profile

Qualifications

Diploma in Quantity Surveying – Western Australian Institute of Technology (1975)
Diploma in Building – TAFE (1972)
Registered builder (WA) – RB4719 (1977)
Graduate Diploma in Education (Higher and Further education) – Western Australian Institute of Technology (1986)
Graduate Diploma In Business (Property) – Curtin University (1993)

Membership and associations

Associate Australian Institute of Quantity Surveyors since 1979
Member Builders Registration Board of WA since 1976
Member Housing Industry Association since 2001

Work experience

Extensive experience since 1984 in lecturing and training with regard to students studying to become eligible for registration as builders in WA – this involved many aspects of estimating and contract administration procedures for both housing and commercial construction. Engaged in own right construction of several residential projects within WA. Estimating and services in regard to residential construction with WA.

Adjudicator's rates

$200.00 per hour exclusive of GST. Consumables actual cost. Travelling as per ATO travel allowance.

Wayne Bradshaw – Carramar

(Adjudicator Certificate No. 68)

26 Merrang Circuit
Carramar  WA  6031
Mobile: 0488 090 066
Email: wayne.bradshaw@gmail.com

Profile

Wayne is a Chartered Builder and Chartered Quantity Surveyor with over 25 years experience in the construction industry. Wayne specialises in claim preparation and assessment, including extensions of time, delay costs, disruption costs and acceleration payments. Wayne’s other construction experience includes estimating, tendering, contract administration, progress claims and payments, variations and final accounts.

Qualifications

Diploma in Surveying (Quantity Surveying)
Graduate Diploma in Business Studies (Dispute Resolution)
Master in Science in Surveing (Quantity Surveying)
Member of the Chartered Institute of Building (MCIOB)
Fellow of the Royal Institution of Chartered Surveyors (FRICS)
Member of the New Zealand Institute of Quantity Surveyors (MNZIQS)
Member of the Institute of Arbitrators and Mediators Australia (MIAMA)

Adjudicator's rates

$290.00 per hour plus GST with expenses and disbursements at cost.

Shane Brown – Willetton

(Adjudicator Certificate No. 88)

68 The Escarpment
Willetton WA 6155
Mobile: 0402 127 472
Email: shane.b@iinet.net.au

Profile

Shane is a Construction & Engineering Lawyer with his experience ranging from residential home projects to major oil & gas projects. He has extensive experience in preparing adjudication applications and responses under the Construction Contracts Act 2004 and in the legal proceedings that sometimes follow the adjudication process.

He has a well-rounded understanding of the risks and disputes that arise on construction projects, having acted for a variety of clients at all stages of the project lifecycle. He has achieved that by working alongside programmers, quantity surveyors, engineers and project managers at specialised multidiscipline firms. Shane currently leads the Construction & Engineering practice at Bailiwick Legal.

Qualifications

Postgraduate Certificate in Construction Law
Bachelor of Laws
Bachelor of Commerce

Relevant associations

Member of the Society of Construction Law
Member of the Resolution Institute
Member of the Lighthouse Club (The Construction Industry Charity)

Adjudicator's rates

$150/hr plus GST for adjudication applications claiming less than $25,000 plus GST.
$200/hr plus GST for adjudication applications claiming between $25,000 and $75,000 (inclusive) plus GST.
$250/hr plus GST for adjudication applications claiming over $75,000 plus GST.
Travel time charged at 50% of applicable hourly rates.
All disbursements charged at cost.

Peter Byrne – Maylands

(Adjudicator Certificate No. 28)

PO Box 145
Maylands WA 6931
Phone: (08) 9271 4560
Fax: (08) 9271 4560
Mobile: 0428 381 413
Email: byrne.peter@optusnet.com.au

Profile

Member, Institute of Arbitrators and Mediators Australia (IAMA)
Hon. fellow, Spatial Sciences Institute
Hon. fellow, Institution of Surveyors Australia
Professional Certificate in Arbitration (University of Adelaide)
Accredited Mediator and Conciliator (IAMA)
Adjudicator Training Certificate (IAMA)

Peter Byrne has a background of over thirty years involvement with engineering design and construction through his career as a surveyor with AAM Surveys Pty Limited (AAM) (now joint owner of AAMHatch Pty Ltd). As a principle for AAM he was responsible for the formulation, contract management and implementation of large consultancy contracts for many of Western Australia's largest mining, industrial and transport projects.

Since stepping down as managing director of AAM in 2001 he has provided support to other consultants in relation to contract disputes or potential disputes with their clients. He has constructed mediations of a variety of disputes. His special engineering - related professional interests include analysis of errors, particularly in volume determinations, and defining terminology in construction contracts as they apply to dimensions, quantities and scope.

Adjudicator's rates

$185.00 per hour plus GST. This fee includes local communication and transport costs. Disbursements, such as secretarial services, printing, fares and accommodation, are charged at cost plus 5%.

Ian Cartwright – West Perth

(Adjudicator Certificate No. 74)

C/- Turner & Townsend
Level 5, London House
216 St Georges Terrace
Perth  WA  6000
Phone: (08) 9322 2999
Mobile:  0401 091 917
Email:  ian.cartwright@turntown.com

Profile

Ian is a highly experienced engineering and construction professional having 28 years of experience with major international contractors and consultants. He is a chartered civil engineer, chartered quantity surveyor and chartered builder, has held a progressive range of project and managerial positions up to director level and has been involved at all stages of the project lifecycle.

For fifteen years Ian has specialized in contract management, risk management and dispute resolution. He is sought after for his ability to understand and articulate the juxtaposition of technical, practical, commercial and contract aspects by which he brings a true 360 degree perspective to projects and their disputes. He has worked on a wide range of project types including major and international projects and has provided services to large state agencies, major construction companies and leading law firms and has testified at trial.

Qualifications

BSc(Hons), MSc, MBA, Dip Surv, PG DipProj Man, PGDip Arbitration, PGDip Adjudication
C.Eng, FICE, FRICS, FCIArb, FCIOB, PMP, PSP

Adjudicator's rates

$280.00 per hour exclusive of GST
Expenses and disbursements at cost

Michael Charteris – Duncraig

(Adjudicator Certificate No. 23)

8 Fleta Court
Duncraig WA 6023
Mobile: 0438 940 162
Email: mjcharteris@bigpond.com.au

Profile

MAIQS AIAMA MAIB MSoCLA

Qualifications and memberships
  • Bachelor of Applied Science (Architectural Science and Quantity Surveying).
  • Member of the Australian Institute of Quantity Surveying since 1992.
  • Expert Witness registered with AIQS College of Expert Witnesses.
  • Associate Member of the Institute of Arbitrators and Mediators Australia.
  • Member of the Australian Institute of Building.
  • Member of the Society of Construction Law Australia.
  • Registered Adjudicator (Western Australia and Northern Territory).
Areas of expertise

Contract administration of architectural building projects.
Variation assessment, calculation and submission for lump sum contracts and contracts having guaranteed bills of quantities.
Measurement of building quantities.

Relevant experience

Since 1990, Michael has been employed primarily by recognised commercial contractors within the Perth metropolitan area to perform all functions of contract administration for a wide variety of architecturally designed building projects in excess of $100 million but has also been self-employed, employed by quantity surveying offices and the state government. Projects administered include shopping centres, schools, educational and complex research facilities, churches, chapels and crematoria, high-density housing, health care facilities, prisons, recreational facilities and commercial buildings. Michael has also been engaged to by legal firms to prepare Expert Reports  for matters before the courts.

Adjudicator's rates

$250.00 per hour plus travel at the hourly rate plus GST.
Disbursements and other adjudication services as required at cost plus GST.

David V Court – Carabooda

(Adjudicator Certificate No. 34)

2694 Wanneroo Road
Carabooda WA 6033
Phone: (08) 9561 8512
Fax: (08) 9301 2855
Mobile: 0438 930 534
Email: david.court@csiexcel.com
Website: www.csiexcel.com

Profile

MRICS, FCIArb, AIAMA, Registered Adjudicator (WA, NT, QLD, NSW)

Qualifications

Diploma in Arbitration, College of Estate Management, UK
Diploma in Quantity Surveying, Cauldon College, UK

Membership of professional organisations

Fellow of the Chartered Institute of Arbitrators
Member of the Royal Institution of Chartered Surveyors
Associate of the Institute of Arbitrators and Mediators Australia
Registered Adjudicator under the Construction Contracts Act 2004 (WA)
Registered Adjudicator under the Construction Contracts (Security of Payments) Act 2004 (NT)
Registered Adjudicator under the Building and Construction Industry Security of Payment Act 2004 (QLD)
Adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW)

Relevant expertise

As managing director of Contract Solutions International, a consultancy firm specialising in provision of construction dispute avoidance and resolution services, David has over 20 years of international experience in project, contract, claim and commercial management and administration, across a diverse array of construction projects and sectors on behalf of owners, operators, contractors and consulting organisations.

Specific area of expertise involves preparation and defence of claims and provision of contractual advice in relation to a broad range of construction sectors, including civil engineering, marine, oil and gas, mining, mechanical and electrical and building projects, undertaken in the UK, USA, Asia and Australia.

Adjudicator's rates

$275.00 per hour plus GST. Out of pocket expenses such as travel outside the metropolitan area are charged at cost.

Hugh Davis – Shenton Park

(Adjudicator Certificate No. 83)

17 Hopetoun Terrace
Shenton Park WA 6008
Mobile: 0423 009 644
Email: hughdavis78@gmail.com

Qualifications and memberships

BE W.Aust
MIAMA

Profile

Hugh is a professional mechanical engineer, an ADR (Alternative Dispute Resolution) practitioner and a construction contract claims consultant.  He has 15 years experience as a contract administrator, project manager and design engineer, working on the design, procurement and construction of small to very large multi-disciplinary resources projects. Hugh is enrolled in the Graduate Diploma of Construction Law at Melbourne Law School to expand his knowledge and understanding of construction law.

Hugh is available to assist parties to building and construction contracts with contract claims and submissions for adjudication, expert determinations and arbitrations and to provide advice on dispute resolution options.

Adjudicator's rates

$250.00 per hour and reasonable disbursements.

Roger Davis – Nedlands

(Adjudicator Certificate No. 9)

PO Box 345
Nedlands WA 6909
Phone: 9386 8662
Fax: 9386 3312
Email: rkfdavis@westnet.com.au

Profile

BA (Hons); LL B (Hons)

Roger is a Fellow of the Institute of Arbitrators and Mediators Australia; Grade 1 arbitrator and accredited mediator. He has been a practicing solicitor for 10 years and independent barrister for 20 years, largely specialising in building, construction, engineering and mining services disputes. He has 12 years active experience as an arbitrator and mediator and has acted as adjudicator on numerous applications, varying in size from small to very large, since the commencement of the Construction Contracts Act in 2005. Roger's experience includes work on public enquiries as counsel assisting, special investigator and royal commissioner. He was deputy chairman of the Building Disputes Tribunal for two years.

Adjudicator's rates

$390.00 per hour plus GST and any necessary disbursements.

Kersh de Courtenay – Nedlands

(Adjudicator Certificate No. 14)

19 Tyrell Street
Nedlands WA 6009
Phone: 08 9386 5766
Fax: (08) 9386 5417
Email: kdecourt@iinet.net.au

Profile

Qualifications

1991 Grade 2 Arbitrator.
1988 Accredited Mediator by IAMA.
1951 Graduated BE, Civil Engineering (UWA).
Registered builder.

Areas of expertise

Infrastructure works, building works, marine works, property development, mning plant, project and shutdown management.

Major works include Dumas House, West Perth and IBT Brickworks, Malaga.

Analysis of risk and redesign for the replacement seawall and flood protection to the Concentrators and Fine Salt Recovery Plant for Leslie/Cargill Salt Plant, Port Hedland.

Construction management and dispute resolution experience

As a consulting engineer, for a period of 37 years and carrying out more than 2,000 commissions, formed the contract on over 50 engineering projects that were also documented and supervised.

A partner in a commercial building company for 24 years.

Appointed as arbitrator of 28 disputes including prestressed concrete, piling, latent conditions, shop detailing, steel fabrication quality, strikes and labour relations, design services, contract terminations, unlawful deletions, payment disputes, extra works and delays in construction works, land development disputes, open cut mining and blasting. The first of these was carried out in 1971.

Appointed as a mediator of one court ordered, one peripheral to a court ordered mediation and four other privately appointed mediations. Two of these last were combined mediations and conciliations. These mediations were related to roads, bridge works, marine works and water works.

Appeared as an expert witness in three court matters. Acted as an expert advisor to the Minister for Planning on one land development dispute.

Adjudicator's rates

$200.00 per hour plus GST for less complex disputes.
$250.00 per hour plus GST for complex and larger disputes.
Recoups of office services costs and out of pocket expenses are to be at cost.

Kim Doherty – Como

(Adjudicator Certificate No. 10)

11 Birdwood Ave
Como WA 6152
Phone: 9367 1024
Fax: 9368 4733
Email: kimdoherty@bigpond.com

Profile

Kim Mervyn Doherty RFD, MIEA, MIAMA, MBA

Kim is a civil engineer with a design and construction background and a contract and project manager with experience that includes structural design and documentation of buildings, design and supervision of roads, drainage and civil works in rural and urban areas and of multi disciplinary major infrastructure works in mining and port related operations.

Kim is currently a graded arbitrator and accredited mediator under the requirements of the Institute of Arbitrators and Mediators Australia.

Adjudicator's rates

$300.00 per hour. This includes all local telephone and fascimile calls and travel in the metropolitan area. Country travel will be charged at 80c per kilometre. Other costs of the adjudication will be charged at cost plus a 5% service fee.

Leon (Max) Doret – Gelorup

(Adjudicator Certificate No. 65)

2 Boley Court
Gelorup  WA   6230
Mobile: 0439 724 817
Email: maxdoret@bigpond.com

Profile

Max is a quantity surveyor and project manager with over 25 years experience working with contractors, clients, professional quantity surveying and project management practices.  He has worked the last 11 years in Australia in construction, property development, mining and engineering projects. Max's expertise is in the commercial management of projects including estimating, tendering, cost planning, project feasibility analysis, contract risk analysis, contract negotiations and administration, extensions of time and variation claims, and the preparation and settlement of final accounts.

Qualifications

Bsc. Quantity Surveying – University of Cape Town, South Africa
Diploma in Construction Law – Southern African Association of Arbitrators
Advanced Certificate in Arbitration – University of Adelaide
Certificate in Adjudication (WA) – Australian Institute of Arbitrators and Mediators

Membership of professional bodies

Associate Australian Institute of Quanitity Surveyors
Member Australian Institute of Arbitrators & Mediators
Registered Adjudicator (WA)
Master Builders Association (WA)
Registered Builder (WA) No. 13826
Licensed Builder (Qld)

Adjudicator's rates

$200.00 per hour, plus GST. Any disbursement at cost plus 10%, plus GST.

Greg Downing – Kalamunda

(Adjudicator Certificate No. 47)

25 Carramar Dr
Kalamunda WA 6076
Phone: 08 9454 7834
Fax: 08 9352 8213
Mobile: 0421 022 550
Email: dcss@q-net.net.au

Profile

Greg Downing is the principal of a construction consultancy that specialises in contracts and cost management. He has over 30 years of experience in the practice and management of major building and civil engineering construction projects delivered under various forms of procurement ranging from lump sum to alliance contracts.

With a background in quantity surveying, contract management and administration, Greg specialises in the commercial and contractual management of projects on behalf of construction contractors with responsibilities including managing and resolving issues and differences between both contractor/client and contractor/subcontractor.

Areas of expertise

Contract management and law, contractual entitlements and claims, cost management, infrastructure and civil engineering construction, commercial, industrial and institutional building construction, quantity surveying.

Qualifications and affiliations

Bachelor of Applied Science (Quantity Surveying)
Graduate Certificate in Building and Construction Law
Diploma in Building
Registered Builder No. 6400.
Member Australian Institute of Building
Member Australian Cost Engineering Society
Member Society of Construction Law

Adjudicator's rates

$285.00 per hour plus GST. Disbursements (travel, air fares, etc) at cost plus GST.

Gary Dunne – Darlington

(Adjudicator Certificate No. 85)

540 Glen Road
Darlington 6070
Mobile: 0409 035 358
Email: dunnegaz@gmail.com or gary@wacas.com.au

Qualifications and memberships

HND (Quantity Surveying)
Bachelor of Science (Hons) - Quantity Surveying
Associate Member of the Institute of Arbitrators and Mediators Australia (IAMA).

Profile

John Gary Dunne is the Director of WACAS Pty Ltd, and has been involved in Quantity Surveying for over 26 years. His experience has been gained working in all aspects of Quantity Surveying duties including contractual entitlement and quantum disputes whilst working in five different countries, through a myriad of clients.

His current focus is on Alternate Dispute Resolution specifically adjudication, providing assistance on applying or responding to adjudications. For a full list of services provided by John’s company please review the website WACAS.com.au for more information.

John is Registered Adjudicator under the Construction Contracts Act (WA) 2004 and is accredited by the Institute of Arbitrators and Mediators Australia (IAMA).

Adjudicator's rates

$220.00 per hour plus GST. Disbursements at cost plus GST and as indicated in terms of agreement.

Alex Durning – Mindarie

(Adjudicator Certificate No. 42)

53 Davenport Circuit
Mindarie WA 6030
Email: alexdurning@hotmail.com

Profile

Alex is a Chartered Quantity Surveyor with a Masters Degree in Construction Law and is a member of The Royal Institution of Chartered Surveyors (RICS), Chartered Institute of Arbitrators (MCIArb) and Institute of Arbitrators and Mediators Australia (AIAMA).

A former Associate Director and WA Regional Manager of an international consultancy who specialise in providing contractual and commercial advice to the building construction and engineering industries. Sixteen years building construction and engineering work experience. Since becoming a Chartered Quantity Surveyor in 1997 Alex's experience has focused on the assessment of contractual claims for extension of time and additional payment at building construction and engineering projects.

Qualifications

BScQS, LLM, MRICS, AIAMA, MCIArb

Adjudicator's rates

$275.00 per hour plus GST. Disbursements (if any) at cost.

Antony Ednie-Brown – East Perth

(Adjudicator Certificate No. 8)

PO Box 6810
East Perth WA 6892
Phone: 9221 6980
Fax: 9221 6970
Email: architect@iinet.net.au

Profile

Qualifications:

Associateship in Architecture, Graduate Perth Technical College – 1960, Registered Architect, Architects Registration Board of WA, (Registered No 350) – 1960.

Membership of professional organisations:

Life Fellow of the Royal Australian Institute of Architects.
Member of the Institute of Arbitrators and Mediators Australia and accredited as a Mediator.
Affiliate Australian Institute of Landscape Architects.

Relevant expertise:

Architecture. Heritage Architecture. Urban Planning. Development Controls and Planning Appeals. Mediation, dispute resolution and expert opinion. Construction Contracts Act 2004.

Construction contract administration and dispute resolution experience:

Forty years of experience as a Principal of The Buchan Group Architects (formerly Oldham Boas Ednie-Brown) – continually involved with contract administration and contract management issues.

From 1998, as a practitioner providing consultant advice on contractual matters, dispute resolution, determination of cultural heritage issues and expert advice to legal and insurance firms on aspects of architectural and construction practice.

1996-2002, a member of the Hon. Minister for Planning Appeals Committee. When not a mediation, the member's responsibility was essentially to advise the Hon Minister the recommended resolution of dispute.

In more general terms experience also includes, as a member of the Heritage Council of WA, resolution of development approvals through negotiation in arriving at an acceptable solution to satisfy development issues conflicting with heritage significance.

Adjudicator's rates

$195.00 per hour plus GST. Outsourced disbursements such as secretarial, photography, photocopying, postage, binding and such out of pocket expenses are charged for reimbursement at cost including GST, without mark-up.

Scott Ellis – Perth

(Adjudicator Certificate No. 7)

Francis Burt Chambers
Level 19, Allendale Square
77 St Georges Terrace
Perth WA 6000
Phone: (08) 9220 0511
Fax: (08) 9220 0572
Mobile: 0419 956 433
Email: sellis@francisburt.com.au

Profile

Scott is an experienced, practical dispute resolution lawyer and has acted in civil litigation and commercial arbitrations on behalf of both principals and contractors. He has conducted a number of adjudications under the Act, with sums in dispute ranging from about $100,000 to in excess of $17,000,000.

Scott was a partner at leading law Freehills for more than 12 years and now practices as a barrister. He is graded as an arbitrator by the Australian Institute of Arbitrators and Mediators, is a LEADR accredited mediator and a Fellow of the Chartered Institute of Arbitrators.

Adjudicator's rates

$400.00 per hour plus GST and otherwise on Scott's standard terms and conditions of appointment.

Dr Phil Evans – Booragoon

(Adjudicator Certificate No. 20)

32 Allerton Way
Booragoon WA 6154
Phone: (08) 9364 8068
Fax: (08) 9364 8068
Email: philipjevans1@bigpond.com

Profile

BScEng, ME (Hons), LGE Cert. (NSW), LLB, PhD.

Dr Phil Evans is Professor of Law in the School of Law at Murdoch University, where he is also Program Chair of the Post Graduate Certificate in Construction Law. He is a qualified civil engineer, fellow of the Australian Institute of Building, fellow of the Institution of Engineers (Australia) and a member of the Institute of Arbitrators and Mediators Australia (IAMA). He is an IAMA graded arbitrator and accredited mediator.

Adjudicator's rates

$250.00 per hour (GST inclusive) plus reasonable expenses.

Adjudicators F–L

Phil Faigen – Ardross

(Adjudicator Certificate No. 3)

39 Willcock Street
Ardross WA 6153
Phone: (08) 9316 3025
Fax: (08) 9316 3023
Email: faigen@allpointsbuilding.com.au
Website: www.allpointsbuilding.com.au

Profile

B. Arch., FRAIA, MIAMA, Reg. builder 4831

Phil Faigen is a grade 1 arbitrator (1st graded 1990), accredited mediator (1999) and has been a member of the Town Planning Appeals Committee. His practice since the early 1990s includes architecture but predominantly building consultancy dealing with building defects and workmanship, contract administration as well as assisting owners, builder and lawyers at various tribunals. He has been involved in some 120 references since graded in 1990.

With a background as a practicing architect (qualified 1972), registered builder (in 1977), Curtin university lecturer in architecture, building studies and dispute resolution over 14 years (both at Curtin University and the University of Western Australia) and having designed and/or built larger residences, housing units, medical, commercial and industrial projects, many involving contract administration either as architect or builder, Phil's expertise covers all facets of architecture, construction and contract administration in relation to all types of buildings. His current activities include project management of larger commercial projects.

Adjudicator's rates

$300.00 per hour plus GST for all time expended on adjudication matters (including travel time, pre and post determination administrative duties) irrespective of the value of the claim/counterclaim or complexity.

Disbursements

Travel expenses by car $1.00 per km for travel outside the metropolitan area.

Other travel expenses (air fares), accommodation at cost.

Sundry office expenses may be applied.

John Fisher – Carine

(Adjudicator Certificate No. 2)

JP Fisher Consulting Pty Ltd
5 Hoxton Rise
CARINE WA 6020
Phone: (08) 9447 3894
Fax: (08) 9238 0778
Mobile: 0414 402 337
Email: johnf@jpfc.com.au

Profile

John has a civil engineering background with a particular emphasis on large, complex buildings and infrastructure and has hands-on experience as a client, consultant, contractor and subcontractor. Over many years in project management consultancy he has managed a wide variety of commercial, retail, health, education, airport, rail and resources projects. He has had an international career spanning many countries and developed consultancy businesses in the United Kingdom, United Arab Emirates, South East Asia and Australia. He now has his own practice in Perth specialising in project management and dispute resolution.

John is an arbitrator and an adjudicator in WA and NT. He has presented courses to train adjudicators on behalf of the NT Government and IAMA. He has acted as an expert witness and undertaken expert determinations. He is also a NMAS accredited mediator and undertakes mediations in the area of construction.

Qualifications and memberships

BSc Civil Engineering
Professional Certificate in Arbitration (Adelaide Uni)
Chartered Engineer
Fellow of the Association for Project
Management (Certified Project Manager)
Member Australian Institute of Project Managers
Member Institution of Civil Engineers
Fellow of the Chartered Institute of Arbitrators
Fellow Institute of Arbitrators and Mediators Australia

Adjudicator's rates

$300.00 per hour plus GST. Travel outside metropolitan area at cost.

Dulal Ghosh – Como

(Adjudicator Certificate No. 66)

107A Ryrie Avenue 
Como WA 6152
Mobile: 0447 416 402  
Email: dulal.ghosh@bigpond.com

Profile:

Qualifications

Bachelor of Science, Bachelor of Technology, Master of Technology, Master of Business Administration and Professional Certificate in Arbitration.

Membership of professional bodies

Institution of Engineers Australia
Institute of Arbitrators and Mediators Australia

Areas of expertise

Over 29 years experience in varied management roles in construction industry in the areas of power generation, transmission and distribution, mining, oil and gas platforms, water and waste water treatment plants, including representing the principal, contractor and supplier. Experience in construction contract administration and/or dispute resolution. Negotiation and formulation of large contracts, administering contracts representing the principal or contractor, risk analysis and mitigation of project risks, and claims management. Experience on a number of adjudications for the preparation of applications and responses. Experienced in formulating arbitration agreement, statement of claims and statement of defence, discovery of information, experts’ briefing and witness statements.

Adjudicator's rates

$350.00 per hour, plus GST. Any disbursement at cost plus 10%, plus GST.

Ray Gibson – Geraldton

(Adjudicator Certificate No. 27)

c/o 204 Place Road Wonthella
Geraldton WA 6530
Mobile: 0428 641 656
E-mail: jrg08@bigpond.com

Profile

Qualifications

Registered builder number 6703.

Relevant experience

Over 35 years spend in the construction industry has established Ray with a high level of understanding of a wide range of construction contracts. Experience gained from spending 20 years in the Pilbara and Kimberley as a construction company manager controlling contracts from single housing to large industrial developments has lead to this experience.

In more recent times Ray has concentrated on project and construction management roles, including design and construction on commercial and architectural building projects through out the Mid-West region.

Adjudicator's rates

Hourly rate including office costs $195.00 plus GST.
Day rate including office costs $1,400.00 plus GST.
Travel outside of 50 km radius of Geraldton – vehicle 90 cents per km, airfares and accommodation at cost.

Adrian Goold – Gidgegannup

(Adjudicator Certificate No. 15)

571 Berry Road
Gidgegannup WA 6083

Phone: (08) 9574 7001
Fax: (08) 9574 7171
Email: bowman.estate@bigpond.com

Profile

Qualifications

Registered Builder No 1671 by examination in 1962.
Diploma in Real Estate Management 1976.
Successful with Institute of Arbitrators and Mediators examination in 1988.
Grade 2 Arbitrator, registered mediator.
Adjudicator's Training Course April 2005.
Adjudicator's Registration Number 15.

Membership of professional organisations

Institute of Arbitrators and Mediators Australia
Master Builders Association
Housing Industry Association

Areas of expertise

Dispute resolution applicable to industrial, commercial, housing construction contracts and subcontracts.

Construction contract administration and dispute resolution experience

Years 1962-1977 employed by RDC Constructions as Estimator, Quantity Surveyor, Manager of Industrial/Commercial Division, Construction Manager of Housing, Industrial/Commercial, Cabinet Shop and Plumbing.
Years 1977-2005 employed by Nairda Constructions as owner /manager, arbitrator and building consultant.
Year 2000 to date, arbitration and mediation disputes.
Experience as an arbitrator in excess of 190 disputes since 1978. Experience as mediator in approximately five disputes.

Adjudicator's rates

Hourly rate for adjudication services: $200.00 plus GST; any disbursements at cost.

Barry Green – Wandi

(Adjudicator Certificate No. 78)

117 Honeywood Avenue
Wandi WA 6167
Mobile: 0400 662 948
Email: barry.green@bcgreen.com.au

Profile

Barry Green BSc(Hons) MRICS MCInstCES MIAMA

Barry is a Chartered Quantity Surveyor with extensive experience in the commercial management of high profile civil engineering and construction projects in both the United Kingdom, and Australia. He is a Chartered Civil Engineering Surveyor and is the Australian country representative for the Chartered Institute of Civil Engineering Surveyors [ICES]. Barry is also an APC Assessor for the Royal Institute of Chartered Surveyors [RICS] in Western Australia.

Barry specialises in payment claim disputes, contractual entitlement and quantum disputes, delay and disruption and loss and expense claims. He also provides services for the preparation of Applications for Adjudication and Responses to Applications for Adjudication.

Barry is a Registered Adjudicator under the Construction Contracts Act (WA) 2004 and is accredited by the Institute of Arbitrators and Mediators Australia [IAMA] and the RICS Dispute Resolution Panel.

Qualifications and memberships

BSc(Hons) Commercial Management & Quantity Surveying
Member of the Royal Institute of Chartered Surveyors
Member of the Chartered Institute of Civil Engineering Surveyors
Member of the Institute of Arbitrators and Mediators Australia
Certificate in Adjudication (WA)

Adjudicator's rates

$260.00 per hour
Disbursements at cost.

Michael DG Heaton QC – Melbourne

(Adjudicator Certificate No. 82)

Chancery Chambers
Level 26, 200 Queen Street 
Melbourne VIC 3000
Phone: 03 8600 1766
Mobile: 0412 087 711
Fax: 03 8600 1770
Email: heaton@chancery.com.au
Website: www.chancerychambers.com.au 

Qualifications and memberships

LLM (Uni Melb) 
LLB, BJuris (Monash) 
FCI Arb (UK) and Aus 
FACICA, Member IAMA - Grade 1 Arbitrator, Adjudicator – Victoria
Nationally Accredited Mediator and Victorian Bar Accredited Advanced Mediator 
Member DRBF Region 3, NBN Panel of Arbitrators, Advisory Committee to the Board of the Melbourne Commercial Arbitration and Mediation Centre 
SOCLA and BDPS
Former National Councillor IAMA, 2012-2014 
Member Victorian Chapter Committee IAMA, now LEADR & IAMA 2010 to present 
Chair The Victorian Bar Alternative Dispute Resolution Committee 2008 to present

Profile

Mr Heaton practices as a barrister, adjudicator, arbitrator and mediator.  He has represented clients in construction disputes in litigation and arbitration.  He has conducted a number of adjudications under the Victorian Security of Payments Act with sums in dispute ranging from less than $100,000 to over $16 million between 2008 and the present.  He has arbitrated construction disputes.  He has mediated construction disputes.  Mr Heaton is happy to adjudicate any construction dispute on the basis of evidence presented without requiring adjudication on the basis of his own expertise in inspecting the works. 

Adjudicator's rates

$400 per hour plus GST plus disbursements.  Lesser rates may be negotiated in appropriate situations and depending up the amount in dispute.

Laura McMahon Higgins – South Guildford

(Adjudicator Certificate No. 87)

11 Laverstock Street
South Guildford WA 6055
Mobile: 0458 766 411
Fax: (08) 6323 0632
Email: laura@questamon.com.au
Website: www.questamon.com.au

Profile

Laura is the managing director of Questmon Training Services, a consultancy firm specialising in the provision of contractual training and consulting to all members of the construction industry, including government bodies, principals, contractors, subcontractors and suppliers.

Laura has delivered training courses in Construction Contract Law nationwide and has taught over 1000 members of the construction industry. Laura has consulted on a wide range of construction projects and has extensive experience in claim preparation and dispute resolution. Laura has particular experience in large-scale infrastructure projects such as hospitals, airports, prisons and shopping centres.

Laura has previously worked in top tier national law firms and as Company Secretary and Legal Counsel in an ASX 200 mining company. 

Qualifications

Bachelor of Laws – University of Western Australia
Bachelor of Arts – University of Western Australia
Member of the Institute of Arbitrators and Mediators Australia
Telstra Western Australian Young Business Woman of the Year 2014
Business News 40 under 40 Winner 2015 

Adjudicator's rates

$275.00 per hour plus GST. Disbursements and out of pocket expenses such as travel outside the metropolitan area are charged at cost.

Nicholas Hobbs – Applecross

(Adjudicator Certificate No. 79)

20B Lilian Avenue
Applecross WA 6163
Mobile: 0407 014 736
Email: nicanmau@gmail.com

Profile

Nicholas Hobbs MA Cost E AIAMA

Nicholas is a highly motivated Commercial Manager with extensive experience in various forms of contract on Civils and Building Projects, including Infrastructure, Motorways, Airport Expansion and a Mega Shopping Mall. His experience has been gained in Southern Africa, United Kingdom, U.A.E and Australia.

Nicholas specialises in payment claim disputes, contractual entitlement and quantum disputes, delay and disruption and loss and expense claims and provides services for the preparation of applications for adjudication and responses to applications for adjudication.Nicholas specialises in payment claim disputes, contractual entitlement and quantum disputes, delay and disruption and loss and expense claims and provides services for the preparation of applications for adjudication and responses to applications for adjudication.

Qualifications and memberships

National Diploma in Civil Engineering (SA)
Certificate in Adjudication (WA)
Member of the Association of Cost Engineers (UK)
Associate Member of the Institute of Arbitrators and Mediators Australia.

Adjudicator's rates

$220.00 per hour plus GST.

Disbursements at cost plus GST.

John Hockley – Perth

(Adjudicator Certificate No. 49)

Francis Burt Chambers
Level 23 Allandale Square
77 St George's Terrace
Perth WA 6000
Phone: 08 9220 0535
Fax: 08 325 2041
Mobile: 0407 192 877
Email: jhockley@francisburt.com.au

Profile

Occupation: Barrister

Qualifications

B. Sc (Hons), Dip. Ed; Ph D (UNE), LL B (UNSW); LL M (Melb); Dip. Int'l Tax (Harv); Mediator, Arbitrator, Negotiator.

Areas of expertise

Legal problems and dispute resolution of all issues that arise in construction contracts, mining and oil and gas ventures and infrastructure projects. Member of AMPLA. Chairman Building Disputes Tribunal, Chairman Builders' Registration Board, Chairman Painters' Registration Board. Member of the Institute of Arbitrators and Mediators Australia (IAMA). Interest in commercial and domestic and international arbitration.

Adjudicator's rate

$300/hr plus GST and fee to the nominating body (IAMA) and other disbursements.

Laurie James – Perth

(Adjudicator Certificate No. 11)

C/- Kott Gunning Lawyers
Level 8, AMP Building
140 St. George's Tce
Perth WA 6000
Phone: (08) 9483 0155
Fax: (08) 9321 3465
Email: cross@kottgunn.com.au

Profile

Laurie Edmond James FIAMA LLB

LLB (1st Class Hons) University of Western Australia.
Barrister and solicitor and chairman of partners of the law firm Kott Gunning.
National senior vice president of the Institute of Arbitrators and Mediators Australia, Grade 1 arbitrator and accredited mediator and conciliator.
Deputy chairman (WA) of the Construction and Infrastructure Law Committee of The Law Council of Australia.
The Gas Disputes Arbitrator under the Gas Pipelines Access (Western Australia) Act 1998.

Areas of expertise

Any construction dispute which can be determined on the basis of the evidence presented and which does not require the adjudicator to act on the basis of his own expertise in inspecting the works.

Adjudicator's rates

$400.00 per hour plus GST and disbursements, although lesser rates may be negotiated in appropriate situations.

Scott Johnson – Inglewood

​(Adjudicator Certificate Number 69)

SMJ Project Services Pty Ltd
171 Tenth Avenue
Inglewood WA 6052
Mobile: 0403 122 381
Email: scottandaileen@hotmail.com

Profile

Scott has a mechanical and controls engineering background with a particular emphasis on large, complex buildings and infrastructure. He is a practical person with experience as a client, consultant, contractor and subcontractor. Scott has managed a variety of commercial, retail, defence, operations and heavy maintenance projects.

Scott has strong commercial and contractual skills. Scott is experienced in AS4000 and AS4902 (D&C) contracts and has assessed many complex variations and extension of time (EOT) claims for parties. Scott is registered as an adjudicator in WA.

Qualifications and affiliations

BE Mechanical Engineering
Member Institution of Engineers
Member Institute of Arbitrators and Mediators Australia

Adjudicator's rates

$200.00 per hour plus GST. Travel outside Metropolitan area at cost.

Mark Jones – South Perth

(Adjudicator Certificate No. 19)

Box 8351
Angelo St Post Office
South Perth WA 6951

Physical:
22B (rear) Strickland Street
South Perth WA 6151

Phone: (08) 9368 5055
Fax: (08) 9368 5755
Mobile: 0409 511 611
Email: mark@markjones.com.au

Profile

Qualifications

Mark has been admitted to degrees of:

  • Bachelor of Engineering (civil);
  • Master of Laws; and
  • Master of Business Administration.

He is also a registered builder.

Membership of professional bodies

Graduate Management Association
Chartered Institute of Arbitrators
Resolution Institute (Institute of Arbitrators and Mediators Australia)
Institution of Engineers Australia
Master Builders Association
Society of Construction Law

Relevant expertise

Mark has over 35 years of experience in varied management roles in the building and construction industry, including representing the principal, contractor, subcontractor and supplier. His project experience includes a wide range of industrial, civil and building projects. His supplier experience includes management positions in two national suppliers of building products. Dispute resolution has been a major responsibility of many of the positions he has held. Mark has adjudicated well over 100 payment disputes under the Construction Contracts Act 2004 and prepared many successful applications and responses under the Act.

Mark has also advised the insolvency and insurance industries over the past 15 years.

Adjudicator's rates 

Mark's rate is $350 per hour and any disbursements, plus GST.

Euring Nickolas (John) Karantzis – Richmond, VIC

(Adjudicator Certificate No. 67)

PO Box 429
Richmond VIC  3121
Mobile: 0438 165 304
Email:  John.karantzis@gmail.com

Profile

John is an experienced project director, with over 20 years experience in complex, large projects in the several hundreds of millions. His experience includes management of projects in Europe, Africa, Australia, Asia and South America, acting on behalf of both principal's and execution contractors. Experience includes detailed knowledge of conceptual/feasibilities, front end design, estimating, tendering, contract administration, progress payment claims, assessing variations, extension of time claims and contract claims, in addition to claims preparation, claims assessment and resolution of complex commercial matters.

Qualifications

BE (UWA), MIEAust, CPEng, MIEE, AIAMA

Professional associations

Member Institute of Arbitrators and Mediators
Member Institution of Engineers Australia (Chartered EE, ITEE)
Member Institute of Electrical Engineers (UK)
European Federation of National Engineering Associations (Euring)
Accredited Person under the Radiocommunications Act (Cth)

Adjudicator's rates

$285.00 per hour plus GST with disbursements and adjunct services at cost.

Neil Kirkpatrick – Sydney, NSW

(Adjudicator Certificate No. 75)

C/- Construction Expert Services

PO Box 670
Chatswood
Sydney NSW 2057

Phone: 1300 13 76 13
Mobile: 0424 635 462
Email: info@expertservices.com.au
Website:   www.expertservices.com.au

Profile

Neil is an experienced Chartered Quantity Surveyor, Chartered Construction Manager, Registered Adjudicator, Accredited Mediator and Accredited Expert Witness with over two decades experience working with clients, consultants, development companies and contractors internationally undertaking multidisciplinary roles on a wide range of projects.

He has specialised in quantity surveying, contract management, project management, employers representation, contract administration and dispute resolution and is experienced in quantum, delay, contract and technical matters including loss and expense, disputed variations, extension of time, liquidated damages and defective work type claims across a diverse range of projects, embracing building and construction, civil engineering, infrastructure and resource industries.

Neil now specialises in the provision of dispute resolution services within the building, construction, resource and engineering industries.

Qualifications

BSc (Hons), DipICArb, FRICS, FCIOB, FCIArb, MIAMA, NMAS, Registered Adjudicator (WA, NT, NSW)

Adjudicator's Rates

$285.00 per hour plus GST
Expenses and disbursements at cost

John Knuckey – Perth

(Adjudicator Certificate No. 70)

Level 1, 172 St Georges Terrace
Perth WA 6000
Phone: (08) 9324 3211
Fax: (08) 9324 3255
Mobile: 0417 982 715
Email: jknuckey@capitalhouse.com.au

Profile

During a career spanning 40 years John's experience includes design, project management and construction management in the role of owner, contractor and consultant. Currently his work involves design management, project management and construction management of civil engineering and building projects generally in industrial environments. Project experience encompasses heavy and light industrial facilities and infrastructure, civil engineering in connection with railways, mining, power station projects, public buildings, commercial buildings, residential buildings, food processing, cold storage and agriculture industries.

He has over 30 years experience in contract administration using numerous contract forms as owner, contractor and superintendent both in Australia and internationally. The range of projects and services with which he has been involved can be found at www.capitalhouse.com.au.

Qualifications

Associateship in Civil Engineering (1975)
Professional Certificate in Arbitration
Arbitrator Grade 3 (IAMA)
Accredited Mediator (IAMA)
Certificate in Expert Determination (IAMA)
Certificate in Adjudication

Memberships

Member of Engineers Australia
Chartered Professional Engineer
Member of the Institute of Arbitrators and Mediators
Registered Builder (8997)

Adjudicator's rates

$291.50 per hour plus gst plus disbursements at cost. Travel outside of 35 km radius of Perth – by vehicle 80 cents per km (plus GST), airfares and accommodation at cost.

William Lau – Winthrop

(Adjudicator Certificate No. 26)

Unit 5 Winthrop Court
Somerville Boulevard
Winthrop WA 6150
Phone: 9312 2144
Fax: 9312 2086
Mobile: 0409 044 458 / +6019-8585444
Email: wlau@pc.jaring.my

Profile

Barrister-at-law (London) (1975)
Barrister and Solicitor of the Supreme Court of Western Australia (1994)
LL.B (London) (1973) LL.M (1974)
Chartered Arbitrator (UK)

William has been a practising lawyer for more than 28 years. He has also sat as an arbitrator in construction, maritime and commercial cases. He has handled construction cases involving water treatment plans, road and highway construction, airport, commercial construction, housing development scheme and industrial facilities.

William is a panel arbitrator of both the Kuala Lumpur Regional Centre for Arbitration, and London Maritime Arbitrators Association. He has been a fellow of the Institute of Arbitrators and Mediators Australia since 1994, and a fellow of Singapore Institute of Arbitrators, and Malaysian Institute of Arbitrators, and also a LEADR accredited mediator. He is also accredited with the Australian National Mediator Accreditation System (NMAS Accredited Mediator) and International Mediation Institute (IMI Certified Mediator). He continues to be active in practical and dispute resolution.

Adjudicator's rates

$180.00 per hour (GST not applicable). Disbursements – secretarial, photocopying, postage, binding, and other out of pocket expenses are charged for reimbursement at cost.

Steve Lieblich – Mount Lawley

(Adjudicator Certificate No. 36)

Phone: (08) 6262 9336
Web site: www.lieblich.com.au
Contact uswww.lieblich.com.au/contact-us 
LinkedIn: au.linkedin.com/in/stevelieblich/

Profile

Consultant in business development, contracts and commercial management, relationship management and dispute resolution, including mediation, arbitration, expert determination and adjudication.

Experienced director of public and private companies, senior engineering manager and leader in electrical engineering, automation, industrial process control, building services and information and communications technology.

Focused on commercialisation of innovative technologies, business growth and sustaining long-term commercial relationships.

Very well connected in government and corporate enterprises in Australia and the region.

Professional qualifications and associations

Bachelor of Engineering with First Class Honours at University of Western Australia
Master of Science in Electrical Engineering at the Technion in Israel
Fellow of Engineers Australia (FIEAust) and Chartered Professional Engineer
Graduate of the Australian Institute of Company Directors (GAICD)
Associate Member of the Institute of Arbitrators and Mediators Australia (AIAMA)
Advanced Professional Certificate in Arbitration, University of Adelaide
Registered Arbitrator, Institute of Arbitrators and Mediators Australia (IAMA)
Registered Adjudicator No. 36: Construction Contracts Act (WA) 2004
Accredited Mediator, IAMA
Accredited Panellist (.au Domain Name Dispute Resolution Policy) IAMA
Member of LEADR Association of Dispute Resolvers

See www.lieblich.com.au/steve-lieblich for further details.

Adjudicator's rates

$315.00 per hour, plus expenses at cost plus 10%, plus GST, for adjudication services in accordance with Lieblich and Associates' standard terms.

Glynn Logue – Kallaroo

(Adjudicator Certificate No. 24)

2 Milson Close
Kallaroo WA 6025
Phone: (08) 9402 7595
Fax: (08) 9402 7595
Email: glogue@iinet.net.au

Profile

Chartered Professional Engineer
Project Manager Professional
Graduate Certificate Degree in Building and Construction Law
Graded Arbitrator
Certified Expert Determiner
Accredited Mediator

Glynn has more than 35 years of experience in the construction of roads and bridges and related infrastructure and in contract formation, procurement and administration. His experience includes the resolution of disputes in the building and construction industry through negotiation, mediation, expert appraisal, adjudication, arbitration and litigation. Recently he has undertaken contract forensics on major marine and mining infrastructure projects and and produced expert reports for the owners. He is familiar with the Australian Standard, Housing Industry Association and Australian Building Industry Contracts.

Adjudicator's rates

$300.00 per hour plus GST and reasonable disbursements.

Philip C Loots – East Perth

(Adjudicator Certificate No. 25)

6B Eastside Apartments
29 Trafalgar Road
East Perth WA 6004
Mobile: +61 (0)400 246 851
Phone (H): (08) 9325 2565
Email: philip.loots@westnet.com.au

Profile

B Comm, LLB.
PMD Harvard Business School.
Executive Negotiation Programme Harvard Business School.

Philip Loots has worked on construction contracts internationally for the past 40 years in all facets of construction including infrastructure, mining and oil and gas. He was chairman of the International Bar Association Sub-Committee T5 Project Management and served on the Contract Review Panel for the 1999 FIDIC (International Federation of Consulting Engineers) suite of standard contract documents. He was chair of the Western Australian committee of the Dispute Resolution Board Foundation Australia Charter, an Institute of Arbitrators and Mediators Australia mediator, a FIDIC mediator and arbitrator and a registered adjudicator under the Construction Contracts Act 2004 (WA) and a registered adjudicator, Northern Territories. He has authored and co-authored many articles and topics involving construction contracting including "Worlds Apart: EPC and EPCM Contracts: Risk Issues and Allocation" The International Construction Law Review Vol. 24, Part 3, July 2007, and "Practical Guide to Engineering and Construction Contracts" 2009, CCH Australia Ltd.

Adjudicator's rates

$400.00 per hour + GST and disbursements.

Bernard Lynch – East Perth

(Adjudicator Certificate No. 41)

34/269 Hay Street
East Perth WA 6004
Tel: (08) 9225 5561
Email: bernard.lynch@virginbroadband.com.au

Profile

Bernard is a construction professional with 25 years experience gained with contractors, consultants and principals. From a quantity surveying and law background, he has provided commercial and contractual advice on a wide range of building, civil engineering, mining and oil and gas projects.

Qualifications

BSc (Quantity Surveying) awarded with Commendation, LLB (Honours), Diploma in Arbitration, Fellow of the Royal Institution of Chartered Surveyors and Fellow of the Chartered Institute of Arbitrators.

Adjudicator's rates

$300.00 per hour plus GST plus disbursements at cost.

Adjudicators M–Z

Richard Machell – Carine

(Adjudicator Certificate No. 4)

B.Ed, MIAMA, FAIB, B Reg 7652, JP

33 Chellaston Crescent
Carine WA 6020
Phone: (08) 9246 7405
Fax: (08) 9246 7405
Mobile: 0417 400 539
Email: rmachell@aapt.net.au

Profile

Richard is a registered and chartered builder with 40 years of experience in the construction industry gained at all levels, including as general manager of architectural and construction companies in Western Australia, South Australia and the Northern Territory and teaches in construction management at tertiary level in WA.

Richard specialises in commercial, industrial, institutional and residential works, including preparation of expert opinions into construction issues, contract administration and project superintendence and the determination of disputes by arbitration, mediation, expert determination and adjudication. Richard is graded and accredited by the Institute of Arbitrators and Mediators Australia in each and is registered as an adjudicator in WA and NT.

Richard has adjudicated in excess of 100 payment disputes under the Construction Contracts Act since its inception, with an average claim value of $555,000 ranging from $6,000 to $14 million and with an average fee cost of $2,100 per claim.

Memberships

Australian Institute of Building
Institute of Arbitrators and Mediators
Master Builders Association
Housing Industry Association
Society of Construction Law

Adjudicator's rates

$250.00 per hour plus GST and disbursements

Kevan McGill – Duncraig

(Adjudicator Certificate No. 6)

17 Juniper Way
Duncraig WA 6023
Phone: (08) 9447 5286
Email: duncraig17@yahoo.com.au

Profile

Kevan James McGill, BE(Hons) (UWA) Grad Cert HRM (Canberra), Prof Cert Arbitration (Adelaide), FIEA, MIEE, MIAMA

Kevan is an electrical engineer with experience that includes building services, building construction and engagement of consultants. He has led the Building Management Authority day labour construction business and architectural and engineering practices in his time in government. As a safety regulator, he has developed regulatory approaches to improving safety and conducted disciplinary hearings on offending trades people.

Kevan is a graded arbitrator with the Institute of Arbitrators and Mediators, has conducted an expert determination and administered contracts for significant projects in addition to project managing the electrical component at Sir Charles Gairdner Hospital G block and Alexander Library.

Adjudicator's rates

$185.00 per hour for payment disputes of $50,000 or less and $250.00 per hour for payment disputes of $50,001 or more (incl. GST).
Travel expenses outside metropolitan area by car $1.00/km and airfares and accommodation at cost.

Damian Michael – Sydney, NSW

(Adjudicator Certificate No. 72)

Rockliff Chambers
Level 5, 50 King Street
Sydney NSW 2000
Phone: (02) 9299 4912
Email: dmichael@rockliffs.com.au

Profile

Damian Michael is a lawyer and specialises in construction law and dispute resolution. Damian has particular expertise in adjudication and is accredited as an Adjudicator in all jurisdictions throughout Australia.

Damian has been involved in complex commercial, legal and technical issues in relation to construction and infrastructure projects together with intricate delay, disruption, global and acceleration claims. He is regularly engaged in contract structuring, drafting and negotiation, and provides advice on contract administration and dispute resolution matters.

Qualifications and affiliations

JD (RMIT), GDLP (ANU), MLS (UNSW), Adjudicator, Mediator, CP (Trade/Advanced) Hydraulic Services.
Lawyer of the Supreme Court of New South Wales.
Solicitor of the High Court of Australia.
Practising Certificate by the Law Society of New South Wales.
Member of the Law Society of New South Wales.
Registered Adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) (J1159263), the Construction Contracts (Security of Payments) Act 2004 (NT) (30), and the Construction Contracts Act 2004 (WA) (72).
Member of LEADR.

Adjudicator's rates

$300.00 per hour plus GST and disbursements.

John Morhall – Churchlands

(Adjudicator Certificate No. 32)

PO Box 2095
Churchlands WA 6015
Phone: (08) 9287 2260
Fax: (08) 9287 2280
Mobile: 0419 912 576
Email: morhall@ingenerium-lex.com

Profile

BSc (Hons) (Mech), LLB (Hons), CEng. FIMechE, FIEAust, CPEng, FAusIMM (CP), MIAMA

An accredited arbitrator and mediator with qualifications in engineering and law and over 40 years experience in the engineering and resources industries. Held senior positions in Australia and internationally in oil and gas, and minerals. Has significant contract negotiation and formation experience for major project development; and experience in fabrication and construction, project development and implementation. Has also held senior positions within the Government of Western Australia in resources development. Experience in dispute resolution includes ore transportation, mining tenements, highway construction, steel fabrication, offshore engineering, and building construction. A guest lecturer at the University of Western Australia and Curtin University on "Engineers and the Law".

Adjudicator's rates

$250.00 per hour exclusive of GST with disbursements and adjunct services at cost.

Graham Morrow – Beaconsfield

(Adjudicator Certificate No. 38)

34 McCleery Street
Beaconsfield WA 6162
Phone: 0415 804 981
Email: jgrahammorrow@gmail.com

Profile

Graham is a qualified quantity surveyor, lawyer, arbitrator and adjudicator. Graham worked as a quantity surveyor estimator and contract administrator for 14 years before commencing his legal career in 2001. A significant amount of his legal career to date has been spent advising on building and construction matters and related issues.

As a quantity surveyor and lawyer, Graham has prepared, assessed, negotiated and advised on several thousand claims arising out of most forms of building contracts. These claims have come from a wide range of construction industry participants. Clients have included individual tradesmen, building sub-contractors and contractors of all sizes, homeowners, developers, landlords, tenants, suppliers of plant and building materials, architects, engineers, project managers, financial institutions and insurance companies. The various claims considered have ranged up to several million dollars in value, with the building contracts covering a wide range of commercial, domestic, industrial, educational, public building and engineering projects.

Graham has given talks on adjudication in WA and Victoria and provided advice to clients on adjudication in respect to the Act; and also advised on some of the other states' adjudication legislation.

Qualifications

BSc (Quantity Surveying), LLB (Honours), Associate Chartered Institute of Arbitrators (UK), Associate Institute of Arbitrators and Mediators Australia (Graded Arbitrator and qualified Adjudicator).

Graham has also contributed several articles to publications considering adjudication arbitration and mediation, both in Australia and the UK.

Adjudicator's rates

$340.00 per hour plus GST, plus disbursements (if any) at cost.

Mirina Muir – Perth

(Adjudicator Certificate No.18)

C/- Arbitration & Mediation Australia
Level 5, 182 St George's Tce
Perth WA 6000
Phone: (08) 6262 0283
Mobile: 0419 634 181
Email: mirina.muir@amaustralia.com

Profile

Mirina Muir is an experienced lawyer, arbitrator mediator and adjudicator. Her legal practice is in large infrastructure projects development and dispute resolution for all types of resource and engineering projects. Mirina sits in various quasi judical roles. She is a graded Australian arbitrator and mediator, chartered international arbitrator, fellow of the Chartered Institute of Arbitrators and Australian Centre for International Commercial Arbitration.

Adjudicator's rates

$250.00 per hour plus GST. Any disbursement at cost.

Mike Murrey – Nedlands

(Adjudicator Certificate No. 43)

70 Stirling Highway 
Nedlands WA 6009
Tel: (08) 9279 1900
Fax: (08) 9279 1422
Mobile: 0438 116 858
Email: mmurrey@live.com.au

Profile

Mike is a Civil Engineer with extensive experience on major resource and infrastructure projects including concrete, tunneling, marine works, roads, structural and mechanical erection, pipelines and industrial buildings. Expertise includes commercial dispute resolution, estimating, scheduling, project management and claim preparation.

Qualifications

BSc Civil Engineering (University of Witwatersand)
MSc Civil Engineering (University of Toronto)
MBA (UWA)
Professional Certificate in Arbitration USA
Professional Certificate in Mediation
Registered Builder

Affiliations

MIE (Aus); MICE; MIAMA

Adjudicator's rate

$240 per hour plus GST and disbursements.

Thomas Muttrie – Subiaco

(Adjudicator Certificate No. 46)

230 Barker Road
Subiaco WA 6008
Phone: (08) 9324 6263
Email: thomas.muttrie@bigpond.com

Profile

BEng (Hons) Civil Engineering, LLB (Hons), PCLL
AIAMA

Thomas is a civil engineer with over 15 years experience in the construction industry and additional qualifications in law. He has international experience on a wide range of projects from heavy civil works and building projects, to residential housing, building renovation and repair in various project management roles for both employers, contractors and consultants. He is used to working on large multi-disciplinary contracts in a claims conscious environment. Specific experience includes the provision of contract advice and administration and services in relation to the preparation and defence of contractual claims. He is currently involved in the mining and construction sectors and also has oil and gas experience.

Adjudicator's rates

Hourly $250.00 exclusive of GST
Charges for disbursements will be at cost.

Dennis Oon – Canning Vale

(Adjudicator Certificate No. 53)

55 McLean Road
Canning Vale WA 6155
Phone: (08) 9256 1794
Fax: (08) 9256 1794
Mobile: 0430 865 231
Email: dennis.oon6@gmail.com

Profile

Dennis Oon is a chartered quantity surveyor with a legal qualification. His more than 25 years of relevant experience includes working with several international contract advisory firms, a project management organisation, major professional quantity surveying firms and contracting organisations, on projects located throughout Australia, the Middle East and Asia. Since 1995, Dennis has specialised in contract advisory and dispute services on building, engineering, oil and gas, resources and infrastructure works. He has had extensive involvement in alternative dispute resolution and litigation proceedings, through preparation, defence and negotiation of contractual claims on behalf of owners, contractors, subcontractors and suppliers. He has also acted as an expert witness.

Qualifications

Juris Doctor (2013)
Master of Science in Construction Contract Management (2006)
Graduate Diploma in Business Administration (1993)
Bachelor of Construction Economics (1990)
Diploma in Building (1987)

Membership of professional associations:

Member of the Institute of Arbitrators and Mediators Australia
Member of the Royal Institution of Chartered Surveyors, UK
Member of the Australian Institute of Quantity Surveyors

Adjudicator's rates

$250.00 per hour. Disbursements (travel, accommodation, airfares etc) at cost.

Rod Perkins – Nightcliff, NT

(Adjudicator Certificate No. 44)

8 Kurrajong Crescent 
Nightcliff NT 0810
Please note (for secure post):
PO Box 868
Nightcliff NT 0814
Phone: (08) 8948 0942 
Fax: (08) 8948 0942 
Mobile: 0437 781 22
Email: rperkins@monadel.com.au

Profile

Qualifications

Bachelor of Science (Health and Safety)
Associate Diploma Aeronautical Engineering Aircraft, Fittng and Machining, and refrigeration and Air-conditioning Trade
Certificates and Associated Licenses
Membership of Professional Organisations
Member, Law Society of Western Australia
Member, Institute of Arbitrators and Mediators
Member, Australian Institute of Refrigeration, Air-conditioning and Heatng Engineers

Areas of expertise

Construction Services (HVAC, Fire, Electricaland Data Communications)
Resources – Oil and Gas Infrastructure
Engineering

Thirty-five years of experience across various trades and engineering aspects of the aircraft, building, construction and resource sectors of industry.Ten years experience in managing all aspects of medium to large commercial businesses with particular experience in construction contracts in both CBD multi-story buildings and remote resources projects.

Adjudicator's rates

$220.00 per hour plus GST and Disbursements at cost.

Dominic Pilkington – Rossmoyne

(Adjudicator certificate No. 81)

44 Second Avenue
Rossmoyne WA 6148
Phone: (08) 6102 6285
Mobile: 0405 902 805
Email: dominic.pilkington@yahoo.com

Profile

Dominic is a lawyer who has over 20 years’ experience in drafting construction contracts, advising clients on construction disputes, and acting for numerous clients in litigation and arbitration associated with construction disputes.  He has worked elsewhere in Australia and in the Middle East.  His experience includes preparing both applications for adjudication, and responses to such applications, under the Construction Contracts Act 2004 (WA).
Prior to becoming a lawyer, Dominic worked as a graduate civil and structural engineer.

Qualifications

Bachelor of Laws – University of Adelaide
Bachelor of Engineering (Hons) – University of Adelaide
Graduate Diploma of Legal Practice - University of South Australia
Associate Member of the Institute of Arbitrators and Mediators Australia
Certificate in Adjudication (WA)
Admitted to practice law in South Australia, Victoria and Western Australia

Adjudicator’s rates

$250.00 per hour, plus GST
Expenses and disbursements charged at cost

Fulvio Prainito – Cottesloe

(Adjudicator Certificate No. 35)

7/94 Marine Parade
Cottesloe WA 6011
Phone:
Fax: (08) 9384 2092
Mobile: 0422 903 310
Email: fprainito@gmail.com

Profile

BE MBA PCertArb

Areas of expertise

Mechanical Engineering / Building Services / HVAC Design & Construction
Engineering & Building Design Management and Fast Track Construction Projects
Design & Construction of Complex Projects for High Tech Industries
Contracts & Cost Engineering

Qualifications

(a) University degrees:

  • in Engineering: Bachelor of Engineering (Mechanical) (University of Western Australia) (April 1986)
  • in Law: Professional Certificate in Arbitration (University of Adelaide) (March 2004)
  • in Project Management: Master of Business Administration (Technology Management) (Deakin University) (October 1995)

(b) Eligibility for membership of the following professional institutions:

  • Institute of Engineers Australia (since May 1989) (Chartered Professional Engineer)
  • Institute of Arbitrators & Mediators of Australia (since March 2003)
  • Australian Institute of Project Management (since August 2002)
Additional relevant others

Registered Professional Engineer (NPER #259354)
Member of Australian Institute of Refrigeration, Air Conditioning & Heating (since December 1993)
Member of Society for Building Services Engineering (since January 1998)
Member of AACE International (Cost Engineering) (since October 1997)

Experience

2003: Present: self-employed/semi-retired engineer and project manager.

1995-2002: Project Manager with a German multinational based in Singapore working on design and construction projects for the semiconductors industry in Singapore, Malaysia, Australia, Germany and Israel. Was specifically responsible for administering construction contracts on several >$100 million projects.

1992-1995: Mechanical Project Engineer with Wood & Grieve Engineers, Australia in Perth (responsible for contract administration of mechanical building services and energy systems for commercial, institutional and industrial buildings).

1986-1989: Mechanical Engineer with Australian Construction Services (responsible for assisting Architect/Project Manager in the contract administration of building services and piping systems as part of a multidisciplinary project team on Australian government projects).

Adjudicator's rates

Fee: A $100.00 per hour for all time spent on adjudication including travel.
All disbursements are included in fee including travel expenses if required.
Lump sum adjudication fee is possible upon assessment of adjudication scope and complexity.

Chidambara Raj C.B. – Lathlain

(Adjudicator Certificate No. 76)

Unit 31, 8 Hampton Street,
BURSWOOD WA 6100
Mobile: 0451 041 760
Email: rajch@mediationchamber.net.au

Profile

Raj is a Chartered Professional Engineer with more than 20 years of experience relating to construction, engineering, contracts, technology and utilities. He is the author of two patents. He is familiar with the Arbitration Law in Australia and Singapore. Raj's expertise is in commercial and industrial works, including project management, contract administration and the resolution of disputes by mediation and arbitration. He has handled complex disputes involving claims on variations, delay, extension of time, and breach of contract. He is an Accredited Mediator.

Qualifications and Memberships

BTech, PhD, CPEng, MIAMA, FSIArb

Adjudicator's Rates

$285.00 per hour plus GST
Travel outside metropolitan area at cost.

Alan Riley – Willeton

(Adjudicator Certificate No. 5)

14 Corsair Drive
WIilleton WA 6155
Phone: (08) 9332 5500
Mobile: 0418 944 456
Email: riley@cipl.net.au

Profile

LL.B. (Hons)

Alan is a Fellow and Foundation Member of the Institute of Arbitrators and Mediators Australia; Grade 2 arbitrator; accredited mediator and registered adjudicator in Western Australia and Northern Territory.

He has worked in the building and construction industry for over 45 years and now practices as a contracts consultant, arbitrator and mediator, being a principal of Alan V Riley & Associates and CIPL Contract Intelligence. His firm's clientiele is made up of all sectors of the building and construction industry including owners, architects, contractors, subcontractors and consultants.

Adjudicator's rates

$350.00 per hour plus GST
Travel expenses at cost (plus GST) outside the Perth metropolitan area

Richard Rudas – Darlington

(Adjudicator Certificate No. 71)

175 Ryecroft Rd
Darlington 6070 WA
Phone: +61 (0) 412 001 156
Fax: (08) 9299 7462
Email: rrudas@iinet.net.au

Profile

Richard is a mechanical engineer with over 38 years of professional and managerial experience at a senior level with major organisations and multi disciplinary projects in Australia and overseas.

His main areas of expertise and experience include engineering design and construction, technology development and licensing, industrial plant EPCM and EPC contracts, particularly in the fields of materials handling, railway and waste processing.

He was involved in project management and directorship, drafting, negotiating and administrating EPCM and EPC contracts, management of contractual disputes on behalf of the principal and fulfilled a role of the superintendent.

Richard’s own practice in Perth specialises in technical writing, contracts management and dispute resolution.

Qualifications and memberships

BSc Mechanical Engineering
MSc Mechanical Engineering
Certificate in Adjudication
Chartered Professional Engineer
Member Institution of Engineers Australia
Member Institute of Arbitrators and Mediators Australia

Adjudicator's rates

$250.00 per hour plus GST and disbursements.

James Saunders – Claremont

(Adjudicator Certificate No. 73)

25 Grange Street
Claremont WA 6010
Mobile: 0427 093 113
Email: jsaunders@kottgunn.com.au

Profile

James is a lawyer and accredited adjudicator as well as a mediator appointed under the Franchising Code of Conduct. He was admitted to practice in Western Australia, South Australia and the High Court of Australia in 1981 and has been a member of the Institute of Arbitrators and Mediators since 1985. He is a member of Law Society of Western Australia and the Australian institute of Project Managers.

James has practiced extensively in all areas of Construction Law for over 30 years and has been Registrar of the Gas Review Board, Electricity Review Board and Energy Review Board since 2004. He has been extensively involved in large scale infrastructure projects as well as in the resolution of numerous payment claims under construction contracts.

Qualifications

Bjuris, LLB
Member of the Institute of Arbitrators and Mediators Australia (AIMA)
Member of the Law Society of Western Australia
Member of the Australian Institute of Project Managers

Adjudicator's rates

$350.00 per hour plus GST
Photocopying and printing – 50 cents per page
Facsimile charges – $1.50 for local fax per page, $2.50 for STD fax per page, $4.00 for overseas fax per page
Courier fees – at cost

Julian Sher – Menora

(Adjudicator Certificate No. 84)

26 Melrose Crescent
Menora 6050
Phone: 9220 0468
Mobile: 0438 867 624
Email: jsher@francisburt.com.au 

Qualifications and memberships

BA LLB; MBA; legal counsel; mediator; negotiator.
Member of the Institute of Arbitrators and Mediators Australia (IAMA).
Law Society of Western Australia
Convenor, Ethics Committee, Law Society of Western Australia
Member, Disciplinary Tribunal, CPA Australia

Profile

Dispute resolution. Analysis and advice on legal issues, particularly the interpretation and enforcement of commercial contracts in the resources and construction sectors, including joint venture agreements and other project or infrastructure contracts and subcontracts. Have appeared as counsel in many arbitration hearings concerning the arbitration of disputes in the resources and construction sectors, often involving complex contractual arrangements. An experienced litigator, having appeared as counsel in most courts or tribunals, especially the Supreme and Federal courts.

Adjudicator's rates

$350.00 per hour plus GST.

Gordon Smith – Cottesloe

(Adjudicator certificate No. 80)

PO Box 797
Claremont
WA 6910
Ph: 08 9286 3125
Mob: 0422 551 186
Email: gordon.smithcharb@bigpond.com

Profile

Gordon is an experienced international arbitrator, and barrister & solicitor, with 35 years’ dispute resolution experience in the construction and engineering industries.  He was a Senior Associate, Special Counsel, and Partner at international law firms in Australia, Singapore and Hong Kong for 20 years, and acts now solely as an independent arbitrator and adjudicator.  He is a panel arbitrator on leading institutional panels; SIAC, ICC (Australia), NZDRC, AICAC, KLRCA, and Chartered Institute of Arbitrators panels. He has particular expertise in oil and gas, mining, power, marine, building, rail, and general infrastructure projects.
Prior to becoming a lawyer, Gordon practiced as a consultant civil / structural engineer for 14 years in Australia and New Zealand, involved in the design, contract negotiation, contract administration, and claims assessment and negotiation on oil and gas, mining, industrial, power, and infrastructure projects.

Qualifications and Professional Memberships

Barrister & Solicitor, Supreme Court of Western Australia
Bachelor of Laws (First Class Honours)
Bachelor of Engineering (Civil)
Master of Business Administration
Chartered Arbitrator
Fellow of the UK Chartered Institute of Arbitrators
Fellow of the Singapore Institute of Arbitrators
Associate, Institution of Arbitrators & Mediators, Australia
Fellow of the Institution of Engineers, Australia
Chartered Professional Engineer, Australia (1989-2012)
Founding Member and Council Member, Singapore Society of Construction Law (2002-2007, 2009-2012)

Adjudicator rates

$350 per hour plus GST, plus disbursements at cost

Auke (JJ) Steensma – Duncraig

(Adjudicator Certificate No. 48)

BBus (Log Mgt), P.Cert Arb, MPM, MMR, MIAMA, MAICD, Reg Adj (WA &NT)

Steensma Pty Ltd 
1 Wittenoom Pl 
Duncraig WA 6023
Phone: (08) 9243 8987 
Mobile: 0419 907 661
Email: auke@steensma.com.au
Website: www.steensma.com.au

Profile

Auke (JJ) Steensma is a highly sought-after, practiced and tertiary-qualified business leader and general manager with over 25 years of commercial business experience in the field of contract, logistics, procurement and project management in the private, corporate and government/defence sectors. He is a project manager with a strong background in establishment, administration, operation and management of contracts and has an established knowledge of contract law, building and construction law and AS2124 and the AS4000 series contracts. ADR skills include; arbitration, adjudication (Construction Contracts Act 2004 (WA) and Construction Contracts (Security of Payments) Act 2004 (NT)), mediation (NMAS Accredited), expert determination and negotiation.

Professional certification

Member – Institute of Arbitrators and Mediators, Australian (MIAMA). Qualified and certified in arbitration, mediation, expert determination and is a Registered Adjudicator (WA & NT) and negotiation. Completed the Professional Certificate in Arbitration (2010, Uni of Adelaide). Completed the Practitioner's Certificate in Mediation (IAMA) and is NMAS accredited. Completed the Expert Determination Course (IAMA). Registered Adjudicator (WA) under the Construction Contracts Act 2004 and Registered Adjudicator (NT) under the Construction Contracts (Security of Payments) ACT 2004. Completed thee Adjudication Course (IAMA). He is a qualified negotiator (AIM).

Adjudicator's rates

$285.00 per hour (plus GST). Any disbursements: travel expenses by car of $1.00 per km for travel outside the metropolitan area. Other expenses, such as air and taxi fares, accommodation and meals at cost.

Vittorio Tassone – Doubleview

(Adjudicator Certificate No. 31)

25 Queenscliffe Road
Doubleview WA 6018
Phone: (08) 9316 1255
Mobile: 0437 417 921
Email: VTassone@monadel.com.au

Profile

Vittorio holds a Bachelor of Engineering (1st Class Hons) and a Master of Business Administration. Vittorio is also a member of the Institute of Engineers Australia – Member and Chartered Professional Engineer.

Vittorio Tassone is a qualified, experienced civil engineer who has been responsible for project management, contract administration, tendering, project feasibility and constructability for projects associated with the civil, infrastructure, resource, processing and infrastructure work, and process industries. Vittorio has a broad engineering construction experience over the past fifteen years in Australia and overseas that has seen him manage a large number of varied styles of construction contracts including lump sum, design and construct alliances and partnerships using a number of different types of contract agreements.

Roles that Vittorio has undertaken on previous projects have included: project manager, operations manager, business development manager, bid manager, design manager and joint venture board member. Vittorio is currently the general manager for processing and infrastructure work for a major construction contractor.

Adjudicator's rates

$200.00 per hour (GST excluded) for all time spent on the adjudication (including travel). Any expenses incurred will be recovered at cost.

Mark Taylor – Mosman Park

(Adjudicator Certificate No. 37)

6 Swan Street
Mosman Park WA 6012
Phone: 0421 868 556
Email: gayah@iinet.net.au

Profile

Mark Taylor FAIQS, ICECA is a senior quantity surveyor with over 30 years’ professional experience in the valuation of work, variations, extensions of time and  delay costs.

Mark currently works as a consultant in Perth whose areas of practice include:

  • quantity surveying, valuation of work, cost control, estimating, expert reports;
  • contracts and claims specialist;
  • adjudication and disputes; and
  • contracts administration and procurement.

Mark has a Master's degree in construction law and has worked in a Perth law firm for six years as a claims specialist on a wide variety of projects.

Mark has some eight years international experience on major engineering projects.

Mark is a fellow of the Australian Institute of Quantity Surveyors and was previously a committee member of the Australian Cost Engineering Society (a Society of Engineers Australia).

Mark was involved in organising and presenting the adjudicator training course for the AIQS/MBA in 2005 and has given presentations on delay costs, valuing variations, payment claims and other subjects to various professional organisations in Perth.

Adjudicator's rates

$275.00 per hour plus GST, plus disbursements at cost.

Barry Tonkin – Paraburdoo

(Adjudicator Certificate No. 45)

311 Samson Avenue
Paraburdoo WA 6754
Mob: 0402 048 740
Email: jp4662@hotmail.com

Profile

Barry has a civil engineering and residential building background of over 30 years; been involved with government rail infrastructure and residential housing projects with an interest in all types of alternative dispute resolution.

Barry's work has been civil engineering, construction contract administration and project management for building and infrastructure. In dispute resolution he has acted as an expert witness, graded arbitrator, accredited mediator/conciliator and registered adjudicator. Barry is available all recognised methods of dispute resolution. Note that adjudication under the WA CCA requires the worksite to be located in WA, and he has travelled to much of it.

Qualifications and affiliations

Associateship in Civil Engineering (WAIT); Chartered Professional Engineer; Fellow of the Institution of Engineers (Australia); Distinguished Life Member of the Association of Professional Engineers, Scientists and Managers, Australia (Past National President of APESMA). Bachelor of Business (WAIT); Graduate Diploma Business Law (Curtin), GAICD (New England), MBA (Latrobe); Master of Commercial and Resources Law (UWA); Master of Dispute Resolution (Latrobe). Professional Certificate in Arbitration (IAMA), Professional Certificate in Mediation & Conciliation (IAMA), Professional Certificate in Adjudication (IAMA), Registered Builder, Justice of the Peace. Member of the Institute of Arbitrators and Mediators, Australia.

Adjudicator's rates

$220.00 per hour plus GST.

Disbursements

Travel is not generally required. Travel expenses (airfares/charter/car hire), accommodation and incidental out of pocket adjudication expenses will be charged at cost and receipted. Travel expenses can be negotiated.

Colin Touyz – Perth

(Adjudicator Certificate No. 29)

Level 3, 8 St Georges Terrace
Perth WA 6000
Phone: (08) 9325 5700
Fax: (08) 9221 2234
Mobile: 0417 934 668
Email: colin.touyz@hktlegal.com.au

Profile

Colin has practised in the field of construction and engineering disputes for more than 15 years and has experience in representing parties engaged in both small and construction disputes in Australia and also in south-east Asia. His approach is to consider both the practical as well as the legal aspects of any construction dispute. Colin has attended on many constructions sites and is aware of the day to day realities of small and large projects. Colin is an admitted barrister and solicitor in Western Australia and is also admitted in England, Wales and Hong Kong. He is willing to consider negotiated fix fee rate for acting as an adjudicator in special circumstances.

Adjudicator's rates

$315.00 per hour plus GST.

David Trinder – Margaret River

(Adjudicator Certificate No. 57)

PO Box 1073
Margaret River WA 6285
Tel/fax: (08) 9757 9010 
Mobile: 0437 975 790
Website: www.coprojects.com.au

Profile

David has 20 years of experience in construction in both the United Kingdom and Western Australia on projects ranging from $1 million to $1 billion in value. These include commercial buildings, a large government prison, EPC power station, an Alliance water project and various gas projects. Working in contract/claims management on EPCM and EPC projects, David's experience includes claims preparation, claims assessment and certification of complex payment matters in accordance with head contract and sub-contract conditions. He has a detailed knowledge of estimating, tendering, contract administration, progress payment claims, variations, extension of time claims and contract claims.

Further details can be obtained at www.coprojects.com.au

BSc (Hons) Quantity Surveying
Associate Australian Institute of Quantity Surveyors (AIQS)
Registered Builder 11980
Certificate in Adjudication
Graduate Diploma in Construction Law (in progress)

Adjudicator's rates

$240.00 per hour plus GST

Ralph Unger – Albany

(Adjudicator Certificate No. 21)

1-9 Rufus St
Albany WA 6330
Phone: (08) 9841 4433
Fax: (08) 9841 6231
Mobile: 0417 929 639
Email: rrunger@bigpond.com

Profile

B.E., F.I.E. Aust, CP Eng, FASCE, F.A.I.M, M.I.AMA

Accredited mediator and conciliator, registered builder 9243.

Ralph Unger is a practising consulting civil and structural engineer with a strong design and construction grounding in contract management and project management.

During a consulting career spanning 38 years has attained expertise in infrastructure works, property development, building and structural works, a full range of municipal works and organisational structuring.

Awarded Practitioners Certificate in Mediation and Conciliation and Adjudicators Training Certificate (Construction Contracts Act 2004).

Adjudicator's rates

$170.00 per hour plus GST for payment disputes of $75,000 or less.
$200.00 per hour plus GST for payment disputes of $75,0001 or more.
Country travel will be charged at $1.00 per kilometre.
Any other costs of an adjudication are charged for reimbursement at cost (plus GST) plus a 5% service fee.

Paul Wellington – Subiaco

(Adjudicator Certificate No. 22)

2/377 Railway Road
Subiaco WA 6008
Phone: (08) 9388 3403
Fax: (08) 9388 6404
Mobile: 0416 015 473
Email: paul@paulwellington.com
Website: www.paulwellington.com

Profile

Mr Wellington has training and experience in architecture, construction law, contract administration and the Construction Contracts Act, Western Australia.

Mr Wellington:

  • holds a Bachelor of Architecture from Melbourne University, has over 35 years experience as an architect, with more than 20 years as the director of Paul Wellington Architects P/L. Registered architect in WA.
  • is a Fellow to the Australian Institute of Architects, a senior counsellor to the Institute and is the Institute's representative on the Architects Board of WA, the Building Regulations Advisory Committee and the steering committee for the proposed Building Act WA.
  • holds a LLB from Murdoch University and Master of Laws, University of Melbourne; a solicitor of the Supreme Court of NSW, a barrister and solicitor of the Supreme Court of WA and a sessional member of the State Administrative Tribunal. Holder of a Practice Certificate under Legal Practice Act.
  • is a graded arbitrator and mediator with the Institute of Arbitrators and Mediators Australia.
  • is a lecturer at Curtin University in contract law, administration and project management.
  • engaged as an expert witness and to provide opinions for matters before the Supreme and District Courts of WA.
  • engaged by the Department of Housing and Works as a consultant on the Construction Contracts Act WA and has lectured on the Act to the construction industry.

Adjudicator's rates

$275.00 per hour plus GST and expenses.

Russell Welsh – Brisbane, QLD

(Adjudicator Certificate No. 54)

ABC Dispute Resolution Service
Level 19, Waterfront Place
1 Eagle Street
BRISBANE QLD 4000

Email: rwelsh@abcdrs.com.au / russell@rwpmpl.com.au
Phone:  (07) 3360 0280
Fax: (07) 3360 0222 
Mobile: 0419 707 544

Profile

Russell is a Chartered Quantity Surveyor and project manager with over 40 years professional experience. He has worked in UK, Netherlands, Saudi Arabia, South Korea and for over 23 years in Australia.

He is a practicing adjudicator in all jurisdictions within Australia and has decided over 300 adjudications.

He has a wide range of experience in building and engineering works both from the professional and contracting perspectives.

Russell specialises in dispute resolution and is a director of Australian Building & Construction Dispute Resolution Service Pty Ltd and Russell Welsh Project Management Pty Ltd. 

Qualifications

Polytechnic Diploma in Quantity Surveying – Dip QS
Degree of Master of Science in Project Management - MSc
Fellow of the Royal Institution of Chartered Surveyors - FRICS
Fellow of the Australian Institute of Quantity Surveyors – FAIQS

Member, Society of Construction Law Australia
Member, Building Dispute Practitioners Society

Registered Adjudicator in Queensland under the BCIPA
Registered Adjudicator in Western Australia under the CCA
Registered Adjudicator in Northern Territory under the CC(SoP)A
Certified Adjudicator in New South Wales under the BCISOPA
Certified Adjudicator in Victoria under the BCISOPA
Certified Adjudicator in Tasmania under the BCISOPA
Certified Adjudicator in the Australian Capital Territory under the BCI(SOP)A
Certified Adjudicator in South Australia under the BCISOPA

Accredited Civil Commercial Mediator NMAS (RICS)

Adjudicator's rates

$350.00 per hour plus GST. 
Expenses and disbursements at cost.

Lyndon White – Bomaderry, NSW

(Adjudicator Certificate No. 50)

PO Box 2042
Bomaderry NSW 2541
Phone : 0408 937 632
Fax : (02) 4448 7007
Email: lyndonwhite@optusnet.com.au

Profile

Relevant qualifications; professional and voluntary involvements
  • Master of Applied Law
  • In House Counsel Certificate
  • Certificate in Adjudication
  • Practitioner's Certificate in Mediation and Conciliation
  • NT Department of Justice - Adjudicator 21
  • Qld Building & Construction Industry Payments Agency - Adjudicator J1116024
  • Gateway Review Team Member
  • NATA Assessor 11777
  • Contributing member to Institute of Arbitrators and Mediators Australia, International Association of Contract and Commercial Management, LEADR, Queensland Law Society, NSW Law Society
Area of expertise and relevant experience summary

Lyndon has been involved with the civil construction, pipelines and road contracting industries in Australia and Internationally since 1985. He has particular experience as a contracts manager in billion dollar and multi-million dollar construction contracts and their disputes.

He has proven experience in assisting individuals and organisations to resolve disputes using primary and alternative dispute resolution processes and also has highly developed dispute and conflict resolution skills for application in preventative and reactive situations.

Adjudicator's rates

$180.00 per hour plus GST inclusive of fax, email and up to 5kg in capital city postage costs.
Travel, accommodation, inspection or other expenses at cost plus 10% plus GST.

Kevin Windross – Yokine South

(Adjudicator Certificate No. 39)

Shared Vision Solutions Pty Ltd
PO Box 2122
Yokine South WA 6060
Phone: (08) 9201 1878

Profile

Mr Windross has substantial experience in contract administration in a wide range of industries, including telecommunications, civil engineering, resources, major building and domestic construction.

His areas of expertise include discovery work, pre-arbitration documentation, valuation of claims, settlement of disputes, the administration of builders contracts of all types, and associated subcontracts and sub-trades in projects around the world since 1979 and throughout Australia for the last 20 years.

He has considerable experience in major building and civil engineering works and associated building subcontracts as well as experience in the housing industry having been a Licensed A class builder a few years ago.

Professional associations

Mr Windross MRICS has been an Associate Member of the Royal Institute of Chartered Surveyors (Quantity Surveying) United Kingdom since 1983 and is an Associate Member of the Australian Institute of Quantity Surveyors.

Adjudicator's rates

$210.00 per hour plus GST. Additional charges and disbursements at cost plus 5%.

Robert Woodforde – Iluka

(Adjudicator Certificate No. 77)

42 Naturaliste Boulevard
Iluka WA 6028
Mobile: 0411 598 358
Email: rwoodforde@bigpond.com

Profile

Robert is a highly experienced construction professional who has spent the past 30 plus years working in the construction Industry. After having worked as a Site Manager, Estimator and Project Manager during the first half of his career, Robert has spent the last fifteen years as a State Manager or General Manager. He has been involved in a wide range of projects including Education, Health, Aged Care, Defence, Apartments, Prisons, Offices, Retail, Institutional, Recreational Facilities and other commercial buildings in the metropolitan and regional areas.

Robert has strong commercial and contractual skills coupled with a high level of technical understanding after having begun his career on site as a carpenter and then Site Manager.

Qualifications

Registered Building Services Practitioner 10512
Member of the Australian Institute of Building
Associated member of the Institute of Arbitrators & Mediators Australia
Member of the Australian Institute of Project Management
Master of Business Administration  (Curtin University 2011)
Diploma of Construction
Accredited Mediator (IAMA 2012)
Certificate in Expert Determination (IAMA 2013)

Adjudicator's rates

$220.00 per hour exclusive of GST
Travel (outside metropolitan area) and other disbursements at cost

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