Toby Shnookal QC

Name: Toby Shnookal QC

Qualifications: BE (Civil), LLB (Hons), Dip Int Arb, FCIArb,  Grade 1 Arb RI, Advanced. Mediator Vic Bar, Adjudicator (BCISP)

Title: Arbitrator, Expert and Mediator

Organisation: Expert Determination Chambers

State: Victoria

Immediation Practice Area: Mediation, Arbitration, Expert  Determination


I am a Barrister at the Victorian Bar  but since around 2016, I have practiced almost exclusively as a neutral  assisting parties in Mediations, Arbitrations, Expert Determinations and  Adjudications. Prior to commencing my career as a lawyer, I qualified and  gained experience as a Civil Engineer in the oil industry and then in civil construction.  I am one of very few Senior Counsel in Australia with engineering  qualification and experience. At one time I owned and operated a small  construction company. I have a Bachelor of Engineering (Civil), Bachelor of  Laws (Hons) and a diploma in International Arbitration (CIArb).

I am a Fellow of the Chartered  Institute of Arbitrators and a Grade 1 Arbitrator with Resolution Institute  (formerly IAMA). For ten years I was also a Sessional Member of VCAT hearing  building disputes and conducting compulsory conferences. I am an accredited  Advanced Mediator with the Victorian Bar.   I have significant experience in Hydrometallurgical processing both  process design and equipment performance, oil and gas, tunnel design and  construction, roads and bridges, software design, dams, co-generation, waste  processing, pipelines, multi storey construction, concrete and steel,  offshore platforms and floating processing (FPSO), water and sewerage  processing, dredging, soils and foundation design and construction, bulk  material handling, machinery design, fatigue, electrical generation,  quarrying, building regulation (BCA) especially fire, cladding and  waterproofing, structural failure, welding, lead paint and asbestos,  reliability engineering, switchboards, wind farm design, construction, and  operation, recycling and solar generation.

Amongst the numerous committees I have  served on I have been the chair of both the Arbitration and Adjudication  Subcommittee of the Victorian Bar Dispute Resolution Committee. I was the  last Chapter Chair of the Victorian Chapter of IAMA (before amalgamation with  RI) and the first co-chair of Resolution Institute (after amalgamation). I  was a national Director of IAMA. I have been active on numerous subcommittees  of IAMA and RI. I am a member of the DRBF which promotes the use of Dispute  Boards as a means of avoiding disputes during major projects. Finally, I have  also been a director of both the Springvale and St Kilda Legal Services, a  number of private companies and remain a passionate Member of the Shoreham  Foreshore Reserve Committee of Management.

Personal Comment

I see my role as a mediator as helping both  parties make truly informed decisions about reaching a consensual resolution  compared to going down a determinative pathway. As Arbitrator, or Expert  Determiner, I see my role as working with the parties as consensually as  possible to provide a efficient determinative process. I am passionate about  both roles because resolving disputes effectively allows people to move on.  Having spent most of my professional life acting as an advocate for parties,  effective resolution is now the only work I do. Immediation provides an  innovative and efficient platform for dispute resolution.

Immediation Area(s) of Expertise

Property, construction, environment, oil, gas  and mining (Building and construction, Commercial leasing, Compulsory  acquisition, Environmental regulation, Oil gas and mining, Security of  payments, Town planning)