Herbert Smith Freehills Senior Mooting Competition Information Seminar Murdoch Student Law Society Carmen Grobbelaar– Competitions Vice-President cvp@msls.asn.au Danielle Karsten – Competitions Officer compsofficer@msls.asn.au

Guest Speaker – Joshua Richards Competed in: Philip C. Jessup Moot 2016 Manfred Lachs Space Law Moot 2014 Gibbs Constitutional Law Moot 2013 Administrative Appeals Tribunal Moot 2013 Won this competition last year Extra: Current Lachs Coach Competitions Vice President 2015

Structure of Info Seminar Written Submissions Oral Presentation Oral Submissions Attire and Appearance Competition Structure My Tips and Tricks

Written submissions outline What is a written submission? What is the format for written submissions? What are the elements of written submissions? Supporting submissions with propositions Conclusions and sign-off List of authorities

What is a written submission? It’s a document that a mooter presents to the court outlining the key elements of their party’s argument It structures the mooter’s argument and provides an authority for each submission made

First page header of the written submission Outlines: the court in which the matter is being heard; the number of the matter and the year; the names of the parties involved in the matter; the party making the submission; and the name of the counsel making the submission.

First page header example IN THE HIGH COURT OF AUSTRALIA NO 005 OF 2010 BETWEEN: HAPPY BUNS BAKERY PTY LTD Appellant AND SHOPPER CARD LTD Respondent __________________________________________________________________________ APPELLANT’S SUBMISSIONS (Senior Counsel – John Smith)

Written Submissions The submissions are the skeleton of your argument Break it down as SIMPLY and succinctly as possible Make it clear and easy for the judge to read

Written Submissions Written submissions comprise 10% of your final score for each round A copy of your written submissions will be provided to the judge and emailed to your opponent This enables the judge to follow along with your oral submissions Written submission must be emailed to the Competitions Vice-President before 10am on the day of the respective round Written submissions must not exceed three pages in length (excluding the list of authorities), see the rules for all the formatting specifications

Elements of a submission Use the IRAC method: State the Issue State the Relevant law (provide your authority/case) Briefly explain why it Applies to the facts Draw the Conclusion you want the court to make

Submissions Usually, around three submissions will suffice Number of submissions will vary according to the question and your own style This will not necessarily reflect the strength/weakness of your submissions DO NOT add weak submissions to your argument – more does not necessarily mean better

Conclusion and sign-off After the submissions, add a sentence telling the court the outcome you wish to achieve. e.g. ‘The Respondent submits that for the above reasons this court should dismiss the appeal’ Then add the date and sign off ‘Sign-off’ should include name, counsel (senior/junior) and whether appellant/respondent

List of authorities Last page of your written submissions Start with the same header you have on the first page First list (in alphabetical order) any legislation you used Then, under a separate heading, list any cases you have used in your submissions Always cite the authorised version of the case Number your authorities If you are not sure how to format this, check in AGLC3

List of authorities: example (without header) ______________________________________________________________________ APPELLANT’S LIST OF AUTHORITIES (Senior Counsel – John Smith) Legislation 1. Evidence Act 1906 (WA) Cases 1. Perry v R (1982) 150 CLR 580 2. Makin v Attorney-General (New South Wales) [1894] AC 57 3. Markby v The Queen (1978) 140 CLR 108 4. Pfennig v R (1995) 182 CLR 461 5. DPP v Boardman [1975] AC 421

Conclusion of Written Submissions Questions?

Oral advocacy and courtroom etiquette outline Oral presentation of argument General points on public speaking

General rules of etiquette Never approach the bench when addressing the court Do not move from the speaking podium If your opponent makes an outrageous argument, you must make no facial expressions whatsoever Have your hands on your lap or on the table – don’t fiddle with pens etc

General rules of etiquette (cont.) No speaking with co-counsel – discretely pass written notes (However, this should not be necessary as you are expected to work individually for the Senior Mooting competition and should not need to speak with your co-counsel anyway) When speaking: hold onto the lectern and keep hand gestures to a minimum

General rules of etiquette (cont.) Avoid condescension Modulate your voice to how far the bench is from you Excessively loud speakers come off aggressive and really quiet speakers come off timid Be respectful to your judge at all times Never interrupt a judge when they are asking you a question!

General rules of etiquette (cont.) At the lectern, avoid copious amounts of paper It may help to organise a file for the paper, in order to assist you when you stand up to speak

Seating From the point of view of the judge: Appellant is to the left Respondent is to the right JUDGE/S Respondent Appellant

Language Refer to your judge as ‘your Honour’ Be respectful and courteous to your judge/s and your competitors In referring to your Junior or Senior Counsel say ‘my learned colleague’ In referring to your opponents, say ‘my learned friend’ But always address your counsel or opponent through the judge, never directly!

Taking appearances Appearances are simply introductions Judge: ‘I’ll now take appearances’ Senior appellant: ‘May it please the court, my name is ___ and I appear with my learned junior ___ for the appellant, ___’ The senior respondent then gives appearances in the same manner The junior counsel is not expected to give appearances

Speaking order Senior appellant Senior respondent Junior appellant Junior respondent [1A, 1R, 2A, 2R]

Oral submissions outline Case theory Special role of senior appellant Signposting Questions from the bench Common questions asked by judges Closing

Case theory A case theory is often considered as a brief and catchy statement that reflects the central idea of your argument It is your fundamental argument and is proven by all your submissions Usually a party will have the moral or legal high ground Have a think about logic or common sense behind the law you’re arguing (this is often referred to as the ‘policy’ behind the law) Find the strengths of your argument and sell that to the court

The special role of senior appellant There are two things that a senior appellant does that no other speaker gets to do: Summary of the Facts: Before the senior appellant begins their case, ask ‘Would your honor like a brief summary of the facts?’ If the judge says yes, keep it brief – a minute at the MOST Dispense with Formal Citations: After referring to your first authority, then ask to ‘dispense with formal citations’ The judge will usually always agree

Dispensing citations The purpose of dispensing citations is so that the senior appellant and every other speaker may refer to cases in a abbreviated form Eg instead of saying ‘In Balmain New Ferry Company Limited and Robertson 1906 volume 4 of the Commonwealth Law Report page 379 at page 384, Chief Justice Griffith held…’ (This citation would be written as: Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379 at 384 per Griffith CJ) You can just say ‘in Balmain Ferry at page 384, Chief Justice Griffith held…’

Signposting ‘Signposting’ is the skill of keeping the judge/s aware of where you are in your arguments

Firstly Outline your arguments for the judge in your introduction ‘Your Honour, we submit ___.’ ‘We support this submission by way of three propositions. Firstly… Secondly…’ and so on

Secondly After the introduction, make it clear to the judge where you’re going ‘Your Honour, moving now to my first submission’

Thirdly After making every submission/proposition, make it clear where you’re going ‘Turning now to my first proposition’ ‘Moving now to my second proposition’ ‘Turning now to the second submission your Honour’

Signposting Remember, mooting is about assisting the judge in understanding your argument The judges are your friends The easier you make your submissions to understand, the smarter your judge will feel (which is a good thing for you) This ties in with questions asked from the bench

Questions from the bench This is where the best speakers become apparent Moots are often won by how well a mooter can answer a question from the bench Answering questions is about how persuasive you can be, not how book-smart you make yourself out to be

Questions from the bench (cont.) A good answer to a question requires a good knowledge of the law and an awareness of the ins and outs of your argument. A good answer is one that is clear, simple and answers the judge’s question

Questions from the bench (cont.) A simple and direct answer can easily be achieved by first stating, ‘Yes your Honour’ or ‘No your Honour’ Depending on the question, sometimes this is all that is needed But beware, it may not be needed at all – remember to let yourself soak in the question Take a moment or two (if needed) before answering the question to gather your answer

Questions from the bench (cont.) If the judge pushes you to a point where you can’t answer the question anymore, then admit so ‘Your Honour, I cannot take this submission any further’ or ‘Your honour, I cannot assist the court any further in this matter’ Treat this as a last resort

Questions from the bench (cont.) Always wait for the judge to finish their question Take a few seconds to pause and think about your answer – do not panic When you are speaking and you see that a judge wants to ask you a question, then pause and let them ask you

Common questions from a judge ‘What are the facts of that case?’ ‘Where in the case can I find that?’ ‘Which judge said that?’ ‘If, hypothetically, we don’t accept your submission, where does it leave your argument?’

Closing A good closing will highlight the good points you have made in your orals Also highlight the weaknesses/inconsistencies that your opponent has or will make. ‘In conclusion your Honour…’

Length of the oral argument In the Senior Mooting competition each competitor will be allowed 20 minutes to present their argument to the bench You will not be allowed a rebuttal

Length of the oral argument (cont.) You may ask for additional time if necessary: Example: ‘Your Honour, I see that my time is about to expire. May I have another 30 seconds to conclude my argument?’ However, you should avoid this if possible Read the bench. They can say no

Conclusion of Oral/Etiquette Questions?

Attire and appearance Dress conservative Men: suit up (if you don’t have a suit then wear formal pants and collared shirt) Women: conservative business attire (female equivalent of suit) Hair should be neat Long hair – tied back Minimum jewellery – no large earrings or necklaces – small elegant pieces of jewellery, if at all

Competition Structure There will be 3 questions used for the duration of the competition 1 question for the general rounds 1 question for the quarter and semi finals 1 question for the grand final You will have approximately 1 week to work on your specific ground The general round question will be emailed to competitors when signups close

My Tips and Tricks Research: Written Submissions: Use Lexisnexis and Westlaw Au as a starting point (or your textbooks if they apply). Use the encyclopedias to frame your arguments then look into cases after this. Written Submissions: Make sure that you address all the relevant issues. Even if this is just a sentence. You want to look like you know everything, by leaving issues out of your submissions it will look like you did not research sufficiently (only relevant issues).

My Tips and Tricks Oral Submissions: If you can directly respond to what your ‘learned friend’ has talked about, do it! This will make the submission appear more natural and also demonstrate your knowledge of the law. Using Questions to your Advantage: Use questions to show how much you know. Your oral submissions should be the skeleton of your submission. Answers to questions should show depth to your knowledge. Answer questions by giving authority.

Sign up! You can sign up at msls.asn.au Click the ‘competition sign up’ link in the ‘competitions’ drop down tab Or you can sign up now on the laptop provided in the café Sign ups close tomorrow at 5pm!!!