Three stages of the proceedings Pre-commencement Interlocutory steps Final hearing

Isolate and clarify the issues Prepare application and affidavits Pre-commencement Identify: Relevant administrative action Court with jurisdiction Time limits Appropriate form of the legislation Legal issues: Authorities for and against each proposition Any issue arising under the constitution? Factual issues: What evidence is required to establish each fact necessary Isolate and clarify the issues Prepare application and affidavits

Interlocutory steps Applicant: Respondent: Are there any further issues from the relevant documents? Is there nay need to amend? Respondent: Is there a contentious issue or one of general importance? What facts are necessary? Relevant documents

Final hearing Check latest authorities Ensure all evidence/submissions have been filed © Duarte, Inc. 2014

Adjust to the individual Judge © Duarte, Inc. 2014

01 02 03 04 Remember, DO NOT: Breach directions of the Court Run hopeless points Raise Vague grounds Amend too late too often i.e “The Tribunal breached s.424A” “The Tribunal fell into jurisdictional error”

05 06 07 08 Remember, DO NOT: Be late to Court Read from well-known passages from obvious authorities Be late to Court Email chambers without copying in the other side Short note/authorities after hearing If asked to prepare a short note/submit authorities after the hearing, do not take the liberty to include information outside of the scope asked for by the Judge Unless you say the authorities were misunderstood