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Robert has recently retired as a Judge of the County Court of Victoria and has returned to the List to undertake mediation work.

Robert is accepting briefs to mediate in person and online.

Robert was admitted to practice in 1980. In 2013, Robert was appointed to the County Court of Victoria and sat as a Judge in the Common Law Division.

Robert has also served on the Alternate Dispute Resolution Committee, chaired a sub-committee and was a Committee Member and Treasurer of the Compensation Bar Association.

Tony has retired as a Senior Tribunal Member and has returned to the List to undertake mediation work.

He is accepting briefs to mediate in person and online.

Tony was appointed a Senior Legal Member of the Mental Health Tribunal in 2017. This tribunal uses a mediation-aligned solution focused hearing model to promote mutual understanding, shared goals and agreement among the parties. Tony is now putting this experience to use as an AMDRAS accredited mediator.

After being admitted to practice in 1985 and signing the Bar Roll in 1987, Tony practiced predominantly in personal injuries, civil disputes, administrative law and superannuation.

In 2002, Tony was elected to the Victorian Legislative Assembly and held the position of Cabinet Secretary.

Following his parliamentary terms he was a Professorial Fellow at Monash University and he served as a member of the Firearms Appeals Committee before his appointment to the Mental Health Tribunal.

Toby practices solely as a Neutral, and has done so since 2016. That is as Arbitrator, Expert Determiner, Facilitator, Mediator, and Dispute Avoidance Board (DAB) Member,  Prior to turning to the law he qualified and worked as a professional engineer, first in oil and gas and then in civil construction. In law, his practice has been predominately based in technical engineering and construction cases, but he has worked across a wide field of cases that involve science and technology.

Toby has an extensive practice as determiner. He works as arbitrator, expert determiner and as Special Referee appointed by the Supreme Court. His practice is primarily in Australian arbitrations, but he has been appointed and published awards in International arbitrations.

Toby ‘s work has been the subject of positive judicial comment:

• “… Mr Shnookal also has significant experience acting as a tribunal in various arbitrations and as a member of VCAT for 10 years.  … In my view, his extensive experience as a tribunal member and arbitrator is likely to result in the arbitration being conducted in the most efficient way, both in the hearing and in the delivery of the reasons for decision.”

Gemcan Constructions Pty Ltd v Westbourne Grammar School [2020] VSC 429 [72] per Lyons J.

• “… the overwhelming impression of the Report is of an even handed, impartial and diligent consideration of the issues the subject of the reference.”

Tedra Australia Pty Ltd  v Greater Western Water Corportation  [2023] VSC 96 [450] per Delany J.

Toby is also regularly appointed Facilitator by the Supreme Court to facilitate the production of joint expert reports in a very wide area of disciplines that include medical issues.

Toby’s long  career in law has been focussed on major disputes in the building and technology areas and spread over every state in Australia. His now specialist practice as a neutral is built on very broad experience.

The range of technology fields  in which he has worked include geotechnical, structural, roads, mechanical, chemical, electrical, process, tunnelling, wind, bridges, electrical generation including solar, wind and cogeneration, medical injury and negligence, safety, reliability engineering, hydrometallurgical, fatigue, asbestos, lead, welding, waterproofing, building regulation, fire, dredging, water treatment and storage, pipelines, plastic, rubber, post tensioning, plastic design, finite element, software design, hydrometallurgical, oil and gas, offshore structures and processing, nuclear, ships and marine, bulk material, corrosion, and many more.

Toby is a Fellow of the Chartered Institute of Arbitrators (CIarb), Fellow of the Resolution Institute (RI), Fellow of the Australian Centre for International Commercial Arbitration (ACICA), a Grade 1 Arbitrator, was accredited as an Advanced Mediator with the Victorian Bar and an experienced DAB practitioner. For ten years he was a Sessional Member of VCAT hearing building disputes and conducting compulsory conferences.

He has published a text on construction law (Brooking 4th edition) and written articles that have appeared in law journals. Particular interests as an author include the use of standard form contracting, the role of and law concerning superintendents, the ethics and practice of forensic engineers, arbitration rules and practice and working collaboratively with expert witnesses.

Toby has served on a vast number of professional committees too numerous to list. He is currently  a Director of Resolution Institute and Chair of its Determinative Subcommittee. He has been the chair of both the Arbitration and Adjudication Subcommittees of the Victorian Bar and was a Chapter Chair of IAMA. He was author of both t he current Chair of the Shoreham Foreshore Reserve Committee of Management.

More information in the form of a longer CV, please click here.