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
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.
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.
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)