• Dr Donald Charrett
  • Toby Shnookal QC

Expert Determination Chambers

Expert Determination Chambers (EDC) is a “virtual” Chambers of barristers with specialist skills in complex technical, engineering and construction (TEC) disputes. The members of EDC are independent barristers who practise in construction law at the Victorian Bar. Each of them is also a qualified engineer with many years of engineering experience prior to their admission to the Supreme Court of Victoria.

In addition to their practice as counsel, the members of EDC are each accredited arbitrators who have conducted a number of arbitrations and expert determinations. They are very familiar with modern techniques of using expert evidence in court or arbitrations, and have acted as independent facilitators assisting experts in conference to prepare a joint report.

The members welcome direct enquiries to discuss how they can assist as independent ADR neutrals in expert determinations, arbitrations, mediations or facilitation of expert conferences in disputes that are complex technically. They are able to assist parties in preparing a dispute resolution agreement tailored to their specific needs and the requirements of their specific dispute.

expert determination

An independent impartial Expert is engaged by the disputing parties to determine those disputed questions of fact and/or law in the reference defined by the parties. The Expert makes a determination on an assessment of party submissions and relevant evidence provided to him/her. An expert determination usually does not require that the parties be afforded procedural fairness. Accordingly a hearing at which witnesses give evidence and are available to be cross-examined may not be implemented. (Read More)

expert facilitation

Complex technical and construction disputes invariably involve experts, sometimes in significant numbers and covering a range of disciplines, often at great cost. Australia has been at the forefront of the common-law world of developing new techniques to manage expert evidence. These techniques include formalising the requirements for expert reports in court and arbitration orders and protocols, the taking of concurrent evidence on discrete topics in a hearing, and pre-hearing conferences (sometimes referred to as conclaves) of experts. (Read More)

dispute boards

A Dispute Board comprises a panel of one or three suitably qualified and experienced independent persons appointed under the contract to provide a speedy and cost-effective resolution of a dispute referred to it. A Dispute Board decision on a dispute is generally accepted by the parties, and avoids the need for arbitration or litigation. The members of a Dispute Board need to be relevantly experienced in the type of project under construction, and have a thorough understanding of legal and contractual issues. (Read More)

 


© 2019 – Philip Loots and Donald Charrett  362 pages

For more information and to order visit:
www.routledge.com/9780367135522

This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.

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© 2019 – Donald Charrett  368 pages

For more information and to order visit:
www.routledge.com/9780367142971

This book provides provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used.

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© 2019 – Donald Charrett  424 pages

For more information and to order visit:
www.routledge.com/9781138543621

Written by an engineer and construction lawyer with many years of experience, this book provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks.

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Practice

  • Expert Determinations
  • Expert Facilitations
  • Dispute Resolution
  • Construction Law
  • Arbitrations and Expert Determinations
  • Independant Facilitators
  • Preparation of joint reports
  • Mediations
  • Expert conferences
  • Specialists in complex technical, engineering and construction (TEC) disputes.

Barristers

Toby Shnookal

Barrister, Arbitrator, Mediator & Adjudicator

Mobile: +61 412 582 380

email: shnookal@vicbar.com.au

Tony Shnookal CV

Dr Donald Charrett

Barrister, Arbitrator & Mediator / Engineer

Mobile: +61 419 950 000

email: d.charrett@me.com

Donald Charrett CV