Mooting Workshop

Overview Written Submissions Oral Submissions Taking it to the next level Questions

Written Submissions Preliminary Step: Receive the Problem

Written Submissions Step 1: Legal Research 1.1. Textbooks: establish an understanding of the basic principles 1.2. Cases and legislation: find those relevant to the problem 1.3. Academic journals/other jurisdictions: if stuck/for nuance

Written Submissions Step 2: Draft Written Submissions Length: around 2 pages Formatting: use templates/precedents Writing Style I+C/R/A Footnoting Tone

Oral Submissions Three points: First, the purpose of oral submissions; Second, the delivery of oral submissions; and Third, good and bad approaches to oral submissions.

Oral Submissions: Purpose When preparing for oral submissions, consider why you are there in the first place. You are there to advocate for a position: construction of statute, application of rule, etc. Oral submissions is where the advocacy groundwork of the written submissions is really developed. Keep in mind: There is a dispute because the outcome is uncertain. Uncertainty creates opportunity. (‘In the midst of chaos, there is opportunity.’ #quiztime) Use the uncertainty to your advantage Take home: the purpose of orals tells us that the content must be advocacy, not discussion/summaries.

Oral Submissions: Delivery Recalling the point is to get the outcome you want, you need to get the judge to take your view. How? Two take-homes: Structure; and Simplicity. Let’s focus on structure, simplicity is self-explanatory. Structuring your arguments is essential. Structure according to your pleadings. Essential method of structuring: ‘signposting’. Signposting is a description of your argument.

Signposting: Simple example

Signposting: Mid-submission

Oral Submissions: General suggestions Avoid: “Case, case, therefore.” (Hayne J told us not to.) Long descriptions of cases/facts/other irrelevant material. Under-selling your position. Time wasting, use alternative arguments if necessary. We encourage: Clear answers to questions, that answer the question. Know the first 30 seconds of your material. Use authority efficiently. Acknowledge weaknesses, but argue for why those weaknesses are not fatal – or do not apply in your case.

Oral Submissions Three points: First, the purpose of oral submissions; Second, the delivery of oral submissions; and Third, good and bad approaches to oral submissions.

Fine tuning Quiz: yay/nay “Your honour/s, may it please the court, I begin my submission”/ Your honour/s, may it please the court, and if there are no further questions, that concludes my submissions.” Summaries/conclusions Responding to other side’s arguments extensively during your own submissions Interrupting judge Disagreeing with judge Answering a complex question with a simple yes/no. Pausing (for long periods) before answering/ saying I don’t know. Moot like the solicitor-general, not a student mooter

How to get practice International Moots National moots: Jessup Price Vis WTO Moot National moots: Gibbs Constitutional Moot Australian Private Law Moot Castan Human Rights Centre Moot ALSA Championship Moot / Red Cross IHL Moot Shine Torts Moot AAT Moot Etc etc

Summary Written Submissions Oral Submissions Taking it to the next level

Questions?