Profile
Toby practices solely as a Neutral, and has done so since 2016 - Arbitrator, Expert Determiner, Facilitator, Mediator, Adjudicator, He is one of very few Senior Counsel in Australia with engineering qualification and experience. He first qualified and gained experience as an engineer before starting his law career. At one time he owned and operated a small construction company. He has BE (Civil), LLB (Hons) and a diploma in International Arbitration (CIArb). He is NMAS accredited. He is a co-author of Brooking on Building Contracts 4th Edition. He did articles with Professor John Sharkey AM and read with the Honourable Justice Digby.
Toby is a Fellow of the Chartered Institute of Arbitrators and a Grade 1 Arbitrator with Resolution Institute (formerly IAMA). For ten years he was a Sessional Member of VCAT hearing building disputes and conducting compulsory conferences. He is an accredited Advanced Mediator with the Victorian Bar. He has been appointed Facilitator by the Supreme and County Courts to facilitate the production of over 20 joint expert reports. He is typically engaged in cases that involve engineering failures of design or construction issues that have lead to major cost growth and critical path delays. He has a great interest in how engineering and project issues manifest themselves into legal disputes and the most efficient means of resolving them.
Toby's 33 year career in law has been focussed on major disputes in the TEC area and has been spread over every state in Australia. His now highly specialist practice has been built on broader legal experience. In the first five years at the bar his practice, when not being led in major construction disputes, was typically as sole counsel in domestic arbitration, general commercial court work, civil procedure, planning, and crime.
Toby has 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; multistorey 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 water proofing; structural failure; welding; lead paint and asbestos; reliability engineering; switchboards; windfarm design, construction, and operation; recycling and solar generation.
Amongst other things Toby has been appointed as Court Appointed Special Referee, Arbitrator in ICC arbitrations and Expert Determiner in major infrastructure projects. Most commonly he is appointed as the neutral determiner by the agreement of the parties. He has published over 170 awards and determinations in his various roles as determiner. He has published numerous articles including on the role of superintendents during the course of a project, standard form contracting, performance based building regulation, the challenges of statutory adjudication, the role of experts in litigation and the role and ethics of forensic engineers.
Amongst the numerous committees Toby has served on he has been the chair of both the Arbitration and Adjudication Subcommittee of the Victorian Bar Dispute Resolution Committee, he 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). He was a national Director of IAMA and is Board Member of Resolution Institute. He has been active on numerous subcommittees of IAMA and RI. He is a member of the DRBF which promotes the use of Dispute Boards as a means of avoiding disputes during major projects. He has been a director of both the Springvale and St Kilda Legal Services, a number of private companies and he remains a passionate government appointed Member of the Shoreham Foreshore Reserve Committee of Management.
