“Guiding You Through Complex Disputes with Precision and Integrity.”

Specializing in Arbitration, Adjudication, Expert Determination, Expert Witness Services, and Quantity Surveying. Your reliable ally in achieving informed decisions and unambiguous resolutions.

When You Want Accuracy and Quality There Is No Substitute!

Frequently Asked Questions OUR SERVICES

What’s the process?

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Definition: Arbitration is a method of dispute resolution where a neutral third-party, called an arbitrator, is appointed to resolve a dispute privately, outside of court. Significance: Offers a confidential, potentially quicker, and more flexible alternative to litigation.

Notice of Arbitration: A party initiates the process by submitting a Notice of Arbitration, detailing the nature of the dispute and the relief sought. Response: The opposing party provides a response, possibly including counterclaims, within a specified timeframe.

Selection Process: Parties either agree on a single arbitrator or, if no agreement is reached, an appointing authority might intervene. In some cases, a panel of three arbitrators might be chosen.

Impartiality: Appointed arbitrator(s) provide a declaration of impartiality, ensuring no conflicts of interest.

Initial Setup: An initial meeting sets the procedural rules, scope, and timeline for the arbitration.

Interim Measures: Temporary measures, if needed, are established to maintain the status quo.

Response: The respondent can provide an adjudication response, detailing reasons for withholding payment or disputing the claimed amount. Claimant’s Reply: If permitted, the claimant can submit a reply to the respondent’s response.

Documentary Evidence: Relevant documents supporting claims are submitted.
Witness and Expert Reports: When applicable, statements from witnesses and expert opinions are exchanged.

Presentations: Parties present arguments before the arbitrator(s).
Witness Examination: Witnesses can be examined and cross-examined.
Evidence Review: Arbitrator(s) scrutinize the submitted evidence.

Analysis: Arbitrator(s) review all materials and discussions.
Consultation: If multiple arbitrators are involved, they might convene for deliberation.

Decision: A written decision, or “award”, is provided, detailing the arbitrator(s) conclusions and any necessary remedies. Compliance: Parties are expected to adhere to the award.

Upholding the Award: If non-compliance occurs, the award can be enforced, often through national courts. Contesting: On specific grounds, a party might challenge the award within a limited timeframe.

Conclusion: The arbitration process concludes once the award is upheld, challenged, or any subsequent steps are exhausted. Post-Arbitration Confidentiality: All information remains confidential unless parties agree otherwise or disclosure is required by law.







Definition: Adjudication is a rapid, interim dispute resolution process, predominantly used in the construction sector. Significance: Provides a swift mechanism for parties to resolve payment disputes, ensuring cash flow within the construction chain.

Payment Claim: A claimant (typically a contractor or subcontractor) issues a payment claim to the respondent.
Payment Schedule: The respondent (usually the project owner or head contractor) must provide a payment schedule within a specified timeframe, detailing the amount they agree to pay and reasons for any discrepancies.

Intent: If unsatisfied with the payment schedule or no payment schedule is received, the claimant serves a notice of intention to apply for adjudication. Application: Subsequently, the claimant lodges an application for adjudication.

Selection Process: An authorized nominating authority (ANA) appoints an adjudicator from its panel or the parties can agree on an adjudicator. Acceptance: The adjudicator indicates their acceptance of the role and ensures no conflicts of interest.

Response: The respondent can provide an adjudication response, detailing reasons for withholding payment or disputing the claimed amount. Claimant’s Reply: If permitted, the claimant can submit a reply to the respondent’s response.

Convening: If deemed necessary, the adjudicator may convene a conference with parties to clarify points or seek further information. Site Inspection: The adjudicator may also undertake a site inspection to better understand the nature of works or goods involved.


Decision: The adjudicator reviews all submissions, evidence, and relevant provisions of the contract and the Construction Contracts (Security of Payments) Act (NT) to make a determination. Timeline: The adjudicator’s determination is typically provided within a specified timeframe from the acceptance of the adjudication application.


Compliance: The respondent must adhere to the adjudicator’s determination. Remedies: If non-compliance occurs, the claimant can seek remedies, such as obtaining a judgment in line with the adjudicator’s determination.

Grounds: On specific grounds, such as jurisdictional errors, a party might challenge the determination. Process: Challenges can be made in a relevant court or tribunal within NT.

The process concludes upon the expert’s determination and any subsequent challenge or appeal (if available). Typically, expert determinations are confidential between the parties and the expert, unless disclosure is required by law or agreed upon by the parties.

Definition: Parties agree, typically in a contract or by subsequent agreement, to use expert determination to resolve certain disputes.
Scope: The agreement should outline the nature of disputes or questions suitable for expert determination.

A party formally initiates the expert determination process, often by serving notice on the other party, specifying the nature of the dispute.

Mutual Agreement: Parties might agree on a specific expert.
Nominating Body: If parties can’t agree, an expert may be appointed by a previously agreed upon or relevant nominating body. Qualifications: Expert typically has specific qualifications or experience relevant to the nature of the dispute.

Details: The expert’s mandate is defined, which includes the scope of the dispute, the questions to be answered, the powers of the expert, and the procedure to be followed.
Binding Nature: It should be established whether the expert’s determination will be binding and if there’s any avenue for challenging the decision.

Initiating Party: Provides detailed submission about the nature of the dispute, supporting arguments, and any necessary evidence. Responding Party: Gives their counter-arguments, supporting reasons, and evidence.

Data Collection: The expert might require further information or evidence from the parties.
Site Visits: If the matter is related to a physical subject (e.g., construction disputes), the expert may conduct site visits.
Independent Research: The expert may conduct their own research or consult other experts if needed.


The expert might provide a draft determination to give parties a chance to comment or correct any factual errors.


The expert provides a written determination, detailing their findings, reasons, and any remedies or resolutions.
The determination is generally binding on parties unless they’ve agreed otherwise or there’s a right of appeal on limited grounds.


The costs of the expert determination process, including fees of the expert, are typically borne as agreed upon in the initial contract or as decided by the expert based on the outcome.

The process concludes upon the expert’s determination and any subsequent challenge or appeal (if available).
Typically, expert determinations are confidential between the parties and the expert, unless disclosure is required by law or agreed upon by the parties.

The legal team identifies the necessity for an expert opinion on a specific issue in a case. This can arise in complex cases where the court or tribunal requires specialized knowledge to understand the matter at hand.

Research and Identification: Attorneys research and identify potential expert witnesses based on the subject matter and required expertise. Vetting: Before retaining, the expert’s credentials, prior testimony, publications, and potential conflicts of interest are examined. Engagement: Once chosen, the expert is formally engaged, often through a written agreement detailing the scope of work, fees, and other terms.

The legal team provides the expert with relevant documents and evidence.
The expert conducts a preliminary assessment to determine the strength of the case from their perspective.


Data Gathering: The expert may require additional information or data, which is then collected and analyzed. Drafting the Report: The expert prepares a detailed written report outlining their findings, conclusions, and the basis for their opinion. This is typically submitted to the court, the opposing side, and other relevant parties. Review and Finalization: The report may undergo revisions based on feedback from the legal team or in light of new evidence.

Discovery/Document Exchange: The expert’s report is disclosed to the opposing side as part of the discovery process or as required by court rules. Deposition or Examination for Discovery: The opposing side might question the expert in a deposition (in jurisdictions like the U.S.) or during an examination for discovery to understand the expert’s views and challenge them later in court.

Direct Examination: The side that engaged the expert will first question the expert in court to establish their credentials and present their findings.

Cross-Examination: The opposing side will question the expert to challenge their credibility, methodology, or conclusions.

Redirect: If needed, the expert may be questioned again by the engaging side to clarify any points raised during cross-examination.

Additional Reports or Analysis: Depending on the court’s directions or in light of new evidence, the expert may need to provide supplementary reports or analysis.

Feedback: The legal team may provide feedback to the expert regarding their performance, especially if they might collaborate on future cases.

Once the case concludes and no further analysis or testimony is needed, the expert’s engagement ends. Fees are settled, and the expert is formally released from their obligations.

*Please note, every single project is different

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Frequently Asked Questions

When You Want Accuracy and Quality There Is No Substitute!


Fast-track to Fair Resolution

In the intricate world of commercial disputes, often arising from multifaceted contracts, project delays, or unforeseen site conditions. Arbitration has emerged as a favored method for resolving these disputes, primarily due to its efficiency and the specialized expertise it brings to the table. Unlike traditional court proceedings, which can be lengthy and public, arbitration offers a private and streamlined approach.

Parties involved can select arbitral tribunal, mutually decide on the governing rules, and work towards a resolution in a comparatively shorter timeframe. This method not only saves time and resources but also often preserves business relationships, making it an invaluable tool in the construction industry’s dispute resolution toolkit.



Swift Resolution of Construction Disputes

Adjudication has risen to prominence as a favored mechanism to promptly settle disputes in the construction industry, thereby facilitating the smooth progression of projects with reduced delays. The procedure pivots on the critical role of an impartial expert, termed the adjudicator, assigned with the duty of scrutinizing the intricacies of the dispute in great detail. This expert delivers a verdict, generally within a stringent timeframe dictated by the applicable Security of Payment Act in the respective jurisdiction. This not only ensures that decisions are reached with expedition but also adheres to the legal mandates ensuring fairness and equity in the resolution process. The expertise and focused approach of the adjudicator are instrumental in carving out resolutions that are grounded in justice and informed understanding of the industry. They sift through the presented arguments and evidences meticulously, to arrive at decisions that are both fair and expedient. This quality of adjudication – to offer resolutions that are swift yet just – makes it an invaluable tool in the dynamic environment of construction projects where time is of the essence. Moreover, it upholds the principle of legality, safeguarding the interests of the parties involved and granting them a pathway to justice that is both rapid and impartial.


Expert Determination

Construction’s Expert Determination Insights

Expert determination stands as a prominent alternative dispute resolution method in the construction industry. It offers a way to tackle technical complexities without resorting to traditional litigation. Parties involved select a seasoned expert who can swiftly and effectively resolve disputes, drawing from their profound understanding of construction intricacies. This approach, typically faster than court proceedings, ensures that decisions are not only well-informed but also resonate with the specific nuances and challenges of the construction world.


Expert Witness

Construction Expert Witness Insights

In the realm of construction, expert witnesses are invaluable during legal disputes. These specialists, with deep knowledge spanning from engineering to project management, provide objective analyses when disagreements or challenges arise in construction projects. Their testimonies demystify complex technical issues for judges, juries, and arbitration panels, facilitating clearer decision-making.

The significance of an expert witness in construction cannot be understated. Their insights, rooted in extensive industry experience and education, are crucial as construction endeavors grow in complexity. Beyond clarifying technicalities, they help define industry standards and assess contractual obligations. Essentially, they bridge the gap between the intricate world of construction and the legal system, ensuring informed and fair judgments.


Quantity Surveying

Together We Plan, Estimate and Monitor

HMS Group was created to be an active team member with our clients by creating collaborative relationships. With this goal, HMS Group provides tailored quantity surveyor services to help our clients maximise profit on property, commercial and infrastructure projects.

One of our strengths is working closely with our clients. Our honest, empathetic and collaborative approach allows us to create strong relationships with our clients and is why our clients come back to us.


Do you have a question?

call us today +61 2 8046 3972

or +61 3 9221 6277

Founded by an Arbitrator, Adjudicator, and Quantity Surveyor: Pioneering Excellence in Construction Consultancy

Hamish Mehdinezhad Founder and Managing Director

With an educational foundation, underscored by a Bachelor’s Degree in Civil Engineering and Science (B.C.E & Sc.), I have cultivated a deep engagement with the multifaceted worlds of the construction and legal fields. This foundation has been further enriched by earning a Professional Certificate in Arbitration, furnishing my professional pathway with nuanced understanding and refined insight of a building and legal practitioner.

I hold substantial roles as a Registered Adjudicator for the Queensland Building and Construction Commission (QBCC) and the Northern Territory Government, in addition to being a Registered Quantity Surveyor on the panel of the Victorian Building Authority (VBA), positions that I approach with dedication and service. Within the collaborative setting of the RICS DRS Australasia Expert Panels, I fulfil diverse roles that promote continuous growth, leveraging opportunities to serve as both an Expert Determiner and Witness. These positions, both fundamental and expansive, have been a continual source of enriched understanding and a broader perspective in the dynamic field of construction law.

This narrative is not merely a career outline; it chronicles a conscientious journey characterised by ongoing learning and diligent contributions in complex yet rewarding environments. It illustrates a dedicated approach where profound knowledge meets discretion, guiding a path marked by informed and wise judgment. It is a representation of an evolving expertise, shaped over time through unwavering commitment to professional growth and deep understanding.



More than 80% of our clients are from word of mouth. More than 70% customer repeat rate.

HMS Group
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Neil PremaratneNeil Premaratne
04:38 22 Jun 23
Easy to work with and very professional and responsive. The team is efficient.I would recommend them for anyone
Wiriady HalimWiriady Halim
01:31 01 Sep 22
My experience with HMS has been really good. As a registered Quantity Surveyor and Adjudicator, Hamish is very professional and full of knowledge. Most importantly he is very communicative to make sure the work is clearly and completely delivered in accordance to the given scope of works. Very recommended.
Sustena AdminSustena Admin
23:51 15 Aug 22
We have engaged HMS Group to support us in an adjudication claim. Hamish and his team went well above our expectations. They were quite knowledgeable and attentive to the task and in a matter of short time we could settle the claim and have success in the adjudication process.Highly recommend them.Thanks Hamish and the teamKind RegardsMedi & Rezi from SUSTENA Engineers
08:15 09 Jun 22
Hamish is a knowledgeable and hard-working quantity surveyor whose service is second to none. He takes pragmatic approach towards preparing expert witness reports for the purposes of being used in legal proceedings. I would recommend Hamish to anyone looking for a quantity surveyor to give an expert opinion for use in legal proceedings.
Viny AshudaniViny Ashudani
07:07 08 Apr 22
We consulted Hamish at HMS group to prepare an Expert Report for us and he did an excellent job. I compared a lot of quotes and found them resonably priced with exceptional service. Hamish has been very good at providing his valuable advice even after the scope of project was over. Highly recommend HMS group.
Santiago Van ArckenSantiago Van Arcken
01:03 30 Aug 21
We have consulted HMS for a number of projects varying in scale, location and budget.They have always given excellent quality and diligent services.Hamish is a polite and very professional QS, Highly recommended.