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Experience

Where this evidence has been given, and on what.

This page sets out forums, matter types and roles. It does not publish outcomes, awards or amounts recovered. An expert who advertises results is advertising a side, and that is the first thing a competent cross-examiner will put to him.

Jurisdictions

Forums

Expert reports have been prepared for, and evidence given in, the following tribunals, courts and dispute forums. Not every matter proceeds to a hearing. Where a matter settled before evidence was given, that is said in the entry rather than left to be inferred.

Tribunal or courtDivision or listWork performed
NSW Civil and Administrative Tribunal Consumer and Commercial Division The bulk of the practice. Owner and builder disputes, strata and owners corporation defect claims, water ingress and waterproofing, handover defects, incomplete works, engineered timber flooring, chloride-ion attack, pre-purchase termite inspection failures, insolvent builder and iCare claims. Expert conclaves and joint reports.
Supreme Court of New South Wales Major defect reports including a 119-unit and a 33-unit complex, owner builder disputes, contract rescission, a boundary building dispute, quantity survey take-offs, and a tennis court complex matter. Expert conclaves.
ACT Civil and Administrative Tribunal Expert reports in ACT residential building disputes. Matters resolved before hearing.
Victorian Civil and Administrative Tribunal Civil Division, Civil Claims List Building dispute over a window retrofit at an ACT property, brought in Victoria because the respondent company is Victorian. Expert report, Scott Schedule and supplementary response to the opposing expert. Matter on foot.
District Court of New South Wales Strata building defects reporting.
Local Court of New South Wales Building disputes including rendering, duplex building defects and a boundary dispute.
Land and Environment Court of NSW Mine subsidence defects, including a schedule of compensation.
County Court of Victoria Expert report in a residential building defect dispute.
Adjudication and Security of Payment SOPA Adjudication expert witness reporting and Security of Payment matters.
Arbitration, expert determination and mediation Arbitration expert in a commercial kitchen flooring matter, and technical input to mediated building disputes.
Insurance and statutory claims Home warranty claims involving builders in voluntary liquidation, insurer claim reports, storm damage causation, and an Australian Taxation Office expert report on Class 2 concrete placement work.
Subject matter

Matter types

The technical subject matter this office is briefed on.

  • Residential building defects, including Home Building Act claims
  • Strata and owners corporation defect claims across multi-storey complexes
  • Water ingress, waterproofing and wet area non-compliance
  • Concrete defects, spalling, chloride-ion attack and durability
  • Facade, cladding, fire-rated windows and external wall defects
  • Structural movement, cracking, footings and mine subsidence
  • Swimming pool construction and pool damage disputes
  • Timber pest and termite inspection failures, and termite damage assessment
  • Storm, water and impact damage, and its separation from pre-existing defect
  • Roofing, guttering, drainage and roof replacement valuation
  • Quantity survey take-offs, works completed and works to complete
  • Rectification scope, methodology and quantum
  • Incomplete and abandoned works, final payment and contract termination
  • Dilapidation and progress inspection reporting
  • Workmanship and compliance with the National Construction Code
Roles

Roles in the expert evidence process

Party-appointed expert
Briefed by either side of a dispute, with the same paramount duty to the tribunal and the same disclosure obligations regardless of who instructs.
Expert in conclave
Attending conclaves and settling joint reports, including conclaves with cladding, structural and hydraulic experts, recording reasons for both agreement and disagreement.
Adjudication and arbitration expert
Expert reporting in adjudication under the Security of Payment framework and in commercial arbitration.
Quantity survey and quantum expert
Take-offs of works completed and works to complete, rectification costing, and schedules of compensation.
Reviewing expert
Reviewing another expert's report and schedule and advising on what it does and does not establish.
Technical adviser at mediation
Providing impartial technical input to narrow the issues at settlement conferences and mediation.

Verifying this

A curriculum vitae listing qualifications, appointments and the engagement history summarised above is provided with every report and to any instructing solicitor on request. Where a matter has resulted in a published decision, the citation can be supplied so the reasons can be read in full rather than summarised here.

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.