Independent · Paramount duty to the court

Expert building evidence that holds together under cross-examination.

Forensic investigation and expert reports for building and construction disputes in New South Wales, prepared by a single named expert who inspects the building, forms the opinions, writes the report and defends it at hearing.

Licensed builder, Standards Australia committee member Reports and evidence in NCAT and the NSW courts since 2014 Reply to new enquiries within one business day

For instructing solicitors

What you get from this office
  • A conflict check before any material is exchanged
  • A written scope, fee estimate and delivery date before work starts
  • A report structured to NCAT Procedural Direction 3 and UCPR Schedule 7
  • The same expert at the conclave, the joint report and the hearing
Appointments and memberships
President, Australian Society of Building ConsultantsStandards Australia Committee BD-002-11EN 1504 Working Group, ACRANSW Committee, Concrete Institute of AustraliaLicensed Builder NSW 310240Master Builders Association NSWSociety of Construction Law Australia
What this office does

Expert building evidence, scoped to the forum it will be tested in.

Every engagement is scoped to the issues in dispute and to the tribunal or court that will test the evidence. The aim is not the longest report. It is the report the matter actually needs.

John Cunniffe
John Cunniffe
Principal, Forensic Building Consultant
The principal

One named expert. No delegated reports.

John Cunniffe has worked in construction since 1973 and personally managed fifty-four new house builds before moving into building consultancy in 2014. He has prepared expert reports and given evidence in building disputes since then, and founded this practice in 2019. Every engagement is led personally by him, so the person whose name appears on the report is the person who inspected the building, analysed the evidence and will answer for the opinions in the witness box.

  • Licensed Builder NSW 310240 and ACT 2023299
  • President, Australian Society of Building Consultants
  • Standards Australia Committee BD-002-11
  • EN 1504 Working Group Committee, ACRA
  • NSW Committee, Concrete Institute of Australia
  • Reports and evidence in NCAT, the Supreme, District, Local and Land and Environment Courts of NSW, and the County Court of Victoria
Why solicitors brief this office

The duty is to the tribunal, not to the party who pays the fee.

An expert report is only as strong as the reasoning behind it. Reports from this office are written so that the observations, the assumptions, the standards applied and the reasoning are all visible on the face of the document. Where the evidence does not support the case that instructed it, that is said plainly and early, while it is still cheap to know.

NCAT Procedural Direction 3UCPR 2005 (NSW) Schedule 7, rule 31.23Evidence Act 1995 (NSW)Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305Practice Note SC Gen 23NCAT Procedural Direction 7VCAT Practice Notes PNVCAT2 and PNVCAT 11
An expert's opinion is only as good as the reasoning that supports it. My job is to make that reasoning clear enough to survive cross-examination.
Getting started

What happens when you make contact

Step 1

Conflict check

Send the parties and the site address. Independence is confirmed before any brief or sensitive material changes hands.

Step 2

Scope and fee estimate

A written scope, an hours estimate against the questions to be answered, and a delivery date, so the cost is known before work begins.

Step 3

Investigation and report

Site inspection, analysis against the contract documents, the NCC, Australian Standards and accepted practice, then a report in the form the forum requires.

Coverage

Areas serviced

Based at Rouse Hill in north-west Sydney. Site attendance across New South Wales by arrangement.

Sydney metropolitanHills and HawkesburyBlue MountainsCentral CoastNewcastle and HunterIllawarra and WollongongSouthern HighlandsRegional NSW by arrangement
Contact

Conflict check first

Office
143 Cudgegong Road, Rouse Hill NSW 2155
New enquiries are answered within one business day. Send the parties and the site address and a conflict check is run before any brief is opened.

Considering John Cunniffe for a matter?

Send the parties and a short description of the issue. A conflict check is run before anything else, and you will have a reply within one business day.