Curriculum Vitae – PAUL WELLINGTON Architect & Arbitrator

Paul Clifford Wellington

B.Arch, BA, MA, LLB, Master of Law, Life Fellow RAIA, IAMA (Resolution Institute)

Contact Details

Address: 2/377Railway Road Subiaco, Western Australia 6008

Phone: (08) 9388 3403 (Business) Ι (08) 9381 8743 (Home) Ι Mobile: 0416 015 473

Statement

Director of Paul Wellington Architects since 1980. Formed Paul Wellington architect solicitor arbitrator in 2007. A registered architect in WA , a certified legal practitioner of the Supreme Court of NSW and WA and a solicitor under the Legal Practice Board WA since 2006.

Graduate in architecture at Melbourne University, Bachelor and Master of Arts from Monash University, a Bachelor of Law, Murdoch University and a Master of Law from Melbourne University.
Life Fellow of the Royal Australian Institute of Architects, a graded arbitrator and mediator with the Resolution Institute, adjudicator under the Construction Contracts Act WA, Certificate of National Accreditation as a mediator.

A sessional academic at Curtin, Murdoch and Notre Dame Universities lecturing on construction law, dispute resolution and architectural/construction practice.

Appointed by the government of WA to the Architects Board of WA, an examiner for Architects Accreditation Council of Australia, appointed to the Municipal Building Surveyors Qualification Committee, the Building Bill Working Group, the Building Regulation Advisory Committee WA and the Tiered Builder’s Registration Reference Group by the Department of Commerce/Housing & Works.

Areas of Practice

Construction and Building Law
Architectural Practice
Contract Administration
Building Practice
Building Surveyors Liability
Arbitration and Mediation
Expert Witness
Building Failure and Causes

Qualification

2009 Institute of Arbitrators and Mediators (IAMA); Certificate of National Accreditation; Experienced Qualified Practitioner in Mediation
2008 Master of Laws — The University of Melbourne
2003 Institute of Arbitrators and Mediators- Practitioners Certificate in Mediation and Conciliation
2001 Graduate Diploma in Legal Practice — College of Law, Sydney
2000 Bachelor of Laws — Murdoch University, Perth
1997 Master of Arts (Distinction), Thesis: “Robin Boyd: The Early Years” — Monash University
1974 Bachelor of Arts — Monash University
1972 Bachelor of Arts — Australian National University, Canberra (transferred to Monash University)
1970 Bachelor of Architecture — Melbourne University School of Architecture

Professional Registrations & Memberships

ARCHITECTURAL:

2019 – Current Architects Accreditation Council of Australia (assessor for registration of international architects)
2018 – Current Life Fellow of the Royal Australian Institute of Architects
2013 Appointed by Minister to Building Commission Committed for a review of Builders Registration (tiered registration)
2006 – Current Architects Board of WA Assessor for Architectural accreditation
2006 – 2008 Appointed by Minister for Housing and Works on Municipal Building Surveyors Qualification Committee
2006 – 2009 Royal Australian Institute of Architects’ representative on Department of Housing and Works Building Act Working Group
2005 – 2017 Sessional Member of State Administrative Tribunal
2004 – 2011 Royal Australian Institute of Architect’s (RAIA) representative on Architects Board of WA
2000 – Current Associate of Institute of Arbitrators & Mediators Australia now Resolution Institute Australia as Graded Arbitrator (2003) Mediator (2005)
2003 – 2009 RAIA representative on the Building Regulation Advisory Committee, WA
1999 – 2018 Fellow of Royal Australian Institute of Architects (RAIA)
1995 – Current RAIA Senior Counsellor
1994 – Current RAIA Practice Committee, WA
1993 – Current Registered Architect, WA
1982 – Current Paul Wellington Architects Pty Ltd (director)
1975 – 2009 Registered Architect, Victoria

DISPUTE RESOLUTION:

2015 – 2017 Resolution Institute, coach for the registration of mediators under National Mediator Accreditation System (NMAS)
2012 – 2018 Resolution Institute Australia National Accreditation as Experienced Qualified Practitioner in Mediation (NMAS)
2012 – 2017 Small Business Corporation of WA – registered mediator
2009 – 2018 Mediator Australian National Mediator Accreditation Standards
2005 – Current Registered Adjudicator under Construction Contracts Act WA 2004. Appointed 2005
2004 – Current Graded Mediator Institute of Arbitrators & Mediators
2003 – Current Graded Arbitrator Institute of Arbitrators & Mediators
2002 – Current Society of Construction Law Australia
2001 – Current Associate – The Institute of Arbitrators and Mediators Australia
2000 – 2014 IAMA coach for persons undertaking registrations as mediators

LEGAL:

2007 – Current Practicing solicitor Paul Wellington architect and solicitor
2006 – Current Legal Practice Board WA, Practising Certificate
2006 Practicing solicitor with H S Pinder Solicitors
2002 Registered Legal Practitioner WA
2002 Registered Legal Practitioner NSW
2001 – 2002 Law Clerk Jackson McDonald, Barristers & Solicitors

Lecturing/University Appointments

CURTIN UNIVERSITY:

2015 – Current School of Law – Lecturer for Construction Law
1999 – 2005 Sessional Lecturer School of Humanities Contract Law for Masters Degree in Procurement Management
1996 – 2014 Building Measurement (specifications)
1994 – Current Sessional Lecturer School of Humanities, Faculty of Construction Management & Economics in (CME) in Construction Law & Contract Administration
1994 – 2000 Sessional Lecturer, School of Humanities, Faculty of Architecture in Construction Law and Specifications

MURDOCH UNIVERSITY School of Law:

2012 Lecturer in Dispute Resolution
2007 & 2008 Lecturer in ‘Construction Law’
2007 Lecturer in Mediation

THE UNIVERSITY of NOTRE DAME School of Law:

2006 Lecturer in Dispute Resolution with Professor Phil Evans
2005 Lecturer Construction Contracts with Professor Phil Evans
2004 Lecturer Construction Claims with Professor Phil Evans

MELBOURNE UNIVERSITY School of Architecture, Planning and Building

1982 – 1992 Design Tutor for 2nd to 5th year (thesis) architecture students
1982 – 1992 Research Officer- for Melbourne University Programme in Antarctic Studies (MUPAS). Research for Architecture Faculty on living conditions for expeditioners at Australian Antarctic bases.

Work Experience

2019
Adjudicator for disputes under Construction Contracts Act WA (various)
Arbitration award concerning consultancy agreement

2018
Adjudicator for disputes under Construction Contracts Act WA (various)
Consultations on architectural and building contracts, advice to building contractors on contract administration
Preparation for arbitrations concerning cost plus contract.
Expert opinion/ reports on building defects and contract administration

2017
Expert opinion for District Court (defects & estimating costs).
Expert opinion for defects to apartments at Crawley.
Adjudication under Construction Contracts Act.

2016
Adjudicator for two adjudications under Construction Contracts Act.
Expert opinions for falls/slips ni Supreme Court.
Expert opinions on building defects for matters before Supreme Court and State Administrative Tribunal WA.
Expert opinion for housing for quadriplegics in Supreme Court.
Opinion for builders on Contract Administration.
Expert opinion on Copyright in District Court.

2015
Expert opinions for claimants before SAT.
Expert opinion for solicitors over claim of defective building work.
Solicitor for respondents in arbitration.
Three mediator commissions from Small Business Development Corporation WA.
Arbitrator for lease agreement dispute.
Adjudicator for five adjudications under Construction Contracts Act.
Various consultancy advice for construction disputes/ consultancy agreements.

2014
Expert opinion on housing defect disputes before SAT.
Expert opinion for claim before Supreme Court (mining accident).
Solicitor for defendant in District court.
Consultations (various) on construction law disputes.
Solicitor for defendant in District Court.
Adjudicator for claims under Construction Contacts Act.
Engaged by City of Melville for staff mediation course.
Mediation for lease disputes.

2013
Mediator for contactor client dispute.
Mediator for Department of Environment dispute.
Expert opinions for claims concerning housing defects.
Expert opinion for defendant in Supreme Court matter.
Expert opinion for claimant in an Expert Determination.
Solicitor for claim of construction defect in #2 District Court matters.
Expert determination for housing development dispute.
Adjudicator for determinations under Construction Contracts Act.

2012
Expert opinion for claimants before State Administrative Tribunal.
Solicitor for claimants in matter before State Administrative Tribunal.
Co-tribunal member on matter before State Administrative Tribunal.
Arbitrator for three arbitrations.
Mediator in client/builder and principal /architect agreements.
Solicitor for defendants in two matters before District Court of WA, and two in Magistrates Court.
IAMA appointed coach for applicant’s applying for Practioner’s Certificate in Mediation and Conciliation.

2011
Hamersley Road Subiaco, RAIA Awards for architectural design, sustainability, interior and lighting.
Design of house and surgery at 329 Railway Road Shenton Park.
Assessor for Catholic Education for commissioning of architectural appointments.
Four adjudications under Construction Contracts Act , three arbitrations under Commercial Arbitration Act, three mediations, solicitor for matters before Magistrates Court and two before District Court and three matters before the Building Disputes Tribunal.
Three expert opinions on copyright, and one on slip and fall.
Acting for three parties in building disputes and appointed to make expert determinations on building defects.
Sitting as sessional member on SAT.

2010
Design and construction of house at 199 Hamersley Road Subiaco.
Six determinations under the Construction Contracts Act.
Acting for applicant before State Administrative Tribunal and three as a sessional member, four expert opinions on copyright, building defects and contract, two mediations and 2 dilapidation reports for commercial buildings.
Acting for defendants in matters before the Magistrates and District Court.

2009
Design and construction of house at 199 Hamersley Road Subiaco.
Expert opinion in five matters including falls, copyright, and building defects.
Determinations under the Construction Contracts Act.
Two matters before the Building Disputes Tribunal and three before State Administrative Tribunal.
Arbitrator for two disputes.

2008
Adjudications under Construction Contracts Act concerning Perth to Mandurah railway line (3 adjudications), seven expert opinions including injuries on work site, opinion on injuries sustained on fall from stair landing, opinion for arbitration on building defects for houses, arbitrator for building dispute.

2007
Architectural & legal Practice (Paul Wellington Architects Pty Lt) in Melbourne from 1982 to 1992), Paul Wellington Architect (1994 to 2002) and Paul Wellington Architect Solicitor and Arbitrator (2002 current).
Expert opinion concerning injuries and damage arising from a fall from stairs.
Expert opinion concerning practical completion for bakery.
Adjudications under Construction Contracts Act WA; determinations made.
Sessional Member for State Administrative Tribunal. Attendance on appeals against Building Disputes Tribunal and Builders Registration Board.

2006
Design of house at 199 Hamersley Road Subiaco.
Expert opinions and witness for disputes before Building Disputes Tribunal.
Reports and opinions on building disputes for RAIA Archicentre (various).
Solicitor for Claimant in arbitration.
Report and opinion for client/architect agreement and breach of copyright.
Solicitor for hearing in Magistrates Court on breach of contract, negligence.
Arbitrator for construction disputes.
Sessional member for State Administrative Tribunal at sessions concerning appeals against Building Tribunal decisions.
Appointed as an adjudicator by the RAIA to determine contract/payment disputes under the Construction Contracts Act WA.

2005
Alterations and additions to office and house at 377 Railway Road Subiaco. Builder for work on office and house.
Reports and opinion on building defects for RAIA Archicentre.
Expert opinion on defects to house for arbitration hearing for Alvaro Design Consultants.
Expert opinion for defects to house and subsequent payment dispute.
Beach resort, maintenance schedule, scope of works and contract documents for upgrade to resort .
Consultation with Jones coulter Young Architects concerning arbitration proceedings.
Opinions on Copyright dispute.
Opinion on service by architect including working drawings standard.
Expert opinion for Tottle Partners Lawyers concerning defects to a building at Malaga in matter before Supreme Court between Malaga Investments v Sandbourne Holding & Russell Hawkins.
Arbitrator in hearing between Pindan v Australand.
Co-mediation to resolve a dispute between a local government authority and a property owner. The dispute has been of long duration (20 + years) and concerned contravention of planning approvals and compensation.

2004
Consultant with Department of Housing and Works WA for the Construction Contracts Bill 2004 to provide explanatory and training material to parties under the Act, to prepare drafting instructions for regulations and to conduct training courses.
Building report for defects to multi storey apartment.
Expert opinion for Royal Australian Institute of Architects Risk Insurers & Phillips Fox. (2004).
Referee for Local Court. Roof collapse to house. Report on liability arising from collapse. Appointment by the President of the Law Society of WA.

2003
Appointed by Mallesons Stephen & Jaques to provide expert opinion on a matter concerning designs for project homes.
Opinion on Bunbury Forum Shopping Centre.
Opinion on Joondalup Resort Hotel.
Opinion for Phillips Fox Solicitors on drainage slope to showroom floor.
Opinion for RAIA Risk Insurers on matter concerning contractual risk under a novation contract.
Opinion (various) for RAIA WA Chapter on claims against architects – for the RAIA Complaints Procedure Committee.

2001 & 2002
Law Clerk Jackson McDonald, Barristers & Solicitors
• As part of Building & Construction Team, contract, tort, building & construction, architecture, insurance law and arbitration and mediation.
• Work included negligence and damages arising from defective workmanship, resolution of defective work involving international contracts, preparation of contract terms and advice on copyright infringement.
Tasmanian environmentally sustainable housing – architectural design competition for Hobart Public Housing Authority – exhibited (with Elizabeth Karol).

1997
Department of Local Government, Perth: 2 month appointment to Research ‘Proposals for a Building Act WA’.
Federation Square Competition. Entry submitted in association with Elizabeth Karol.

1993 – 1996
Royal Australian Institute of Architects, WA: Executive Director.

1980 – 1994
Paul Wellington Pty Ltd, Architects, Melbourne: Director.

1989 – 1990
University of Melbourne, Faculty of Architecture and Planning: Tutor in Building Construction.

1980 – 1985
University of Melbourne, Faculty of Architecture and Planning: Part-time Lecturer / Design Tutor.

1980 – 1983
University of Melbourne, Programme in Antarctic Studies: Research Officer on Australia’s Rebuilding Programme in Antarctica.

1978 – 1979
Chapman Taylor & Associates, London, UK: Architect.

1977 – 1978
Fitzroy Robinson & Partners, London, UK: Architect.

1974 – 1976
Commonwealth Department of Housing & Construction: Architect.

1972 – 1974
Australian Tourist Commission, Melbourne: Architect & Planner (Division of Development and Research).

1970 – 1972
Commonwealth Dept of Work, Canberra, Melbourne, Darwin: Cadet Architect.

Publications, Awards & Conferences

2017
Presentation to Legal Wise Seminars on ‘Consulting Agreements under BIM’.
Paper & presentation to Society of Construction Law Surfers Paradise Qld on ‘Consulting Agreements under BIM’.
Contributor to Austalian Institute of Architects, Acumen/Practice Note on BIM.

2016
City of Subiaco: Award for Best Sustainable House
Attendance at IAMA/ Resolution Institute and Society of Construction Law Seminars

2015
Intensive seminar on BIM including Brookfield Multiplex BIM managers working on Perth Stadium
Melbourne University Law School intensive ; Legal Risk and Construction Advanced Contracts (October)
Melbourne Law School Master Class on New Frontiers of Construction Contracting with Professor David Mosey (November)

2014
Attendance at IAMA/Resolution Institute and Society of Construction Law seminars on Construction Law mediation, Arbitration and Construction Contracts Act

2013
Presentation and paper for seminar at Legalise Seminar: “Design Risk: Fitness for Purpose Warranties in Construction.” Attendance at IAMA/Resolution Institute and society of Construction Law seminars on Construction Law mediation, arbitration and Construction Contracts Act

2012
Presentation to IAMA and RAIA professional development sessions/seminars & Society of Construction Law seminar

2011
RAIA Architecture Award for Hamersley Road house Subiaco for interior architecture and commendations for house design, sustainability and lighting.
Seminar on construction law by Legalwise Seminars.
IAMA Expert Determination intensive seminar.
Article on house at 199 Hamersley Road Insite Magazine.

2010
Society of Construction Law conference on Construction Law (convenor for IAMA sessions).
IAMA arbitration and adjudication master classes.

2009
Participant in seminars on Building Code of Australia and IAMA arbitration and adjudication master classes.

2008
Chair for sessions of Institute of Arbitrators and Mediator’s Conference Fremantle.
Building Code Conference, IAMA Professional Development Sessions
IAMA Conference Fremantle (chair for sessions)

2007
Melbourne University Law School, IAMA Professional Development seminars, Building Regulations Advisory sessions., IAMA Conference Adelaide, RAIA PD sessions, Building Act seminar(s).

2006
Australian Building Codes Board, National Technical Summit, Hobart Review, preparation and submission of Royal Australian Institute on proposed Western Australian Building Act and amendments to Home Building Contracts Act 1991 and Builders’ Registration Act 1939.
The Trade Practices Act and ‘Misleading’ conduct (rewrite/upgrade) RAIA Practice Management Advisory Notes AN 08.02.408.

2004
Presentations for the Department of Housing and Construction WA on the Construction Contracts Act WA.
Presentation and paper to The Institute of Arbitrators & Mediators Australia WA Chapter, ‘Construction Contracts Act WA: Appeals against an Adjudicator’s Determination’. Presentation to the Australian Cost Engineering Society: ACES 2004 Perth Seminar, ‘Implications of the New Construction Contract Act WA for Cost Engineers’.
Paper and presentation to IAMA on certiorari appeals against the decision of adjudicators appointed under the NSW Building & Construction Security of Payment Act. Melbourne University Law School paper.

2002
Rewrite of RAIA Practice Management Advisory Notes AN 06.01.600 ‘Are your ‘Independent Contractors’ really Employees?’ —

2001
Article for Australian Property Law Group, Law Council of Australia titled ’Moral Rights Relating to Buildings’ (with Jackson McDonald)

1993
Presentation to Society of Architectural Historians, Australia and New Zealand titled ‘Robin Boyd’s Houses in the Immediate Post War Years’

1989
Address to the Annual Dinner of Council for the Historic Environment. Melbourne Conference Society of Architectural Historians, Australia and New Zealand, ‘Robin Boyd’s Early Years: The New Puritanism’
Transition’s 10th Anniversary Conference, Robin Boyd and Australian Architecture Criticism: A Reassessment.

1987
RAIA Archicentre Inaugural Winner – ‘Inspection Excellence Award’ RAIA Archicentre Pty Ltd Melbourne.

1986
‘Architecture in Australia’, 75, 3, 1986 pp. 68 – 69 — Feature on Gibson House.