1. Closing Addresses
Andrew J See
October 2011

2. "A closing address is your final opportunity to get your case across to the court or tribunal , to discredit the other side’s argument and to provide the court or tribunal with a decision outline"

3. some general considerations before you start a closing address

4. What was the case all about???
Have another look at the application before the court or tribunal (legislative source)
What are the elements of the case that the other side or your side had to prove to the court
How comfortable are you in relation to this

5. Think about the processes that have taken place during the course of the application
Right from the beginning now!!
Interlocutory steps
Problems
Issues that either side have taken against each other

6. Put yourself in the position of the other side
What is the best part of the other side’s case
What are their weaknesses
Have you neutralised all of the issues thus far?

7. Critically review your own case
What have you done well
What did you forget to do
When did you lose the Judge/Commissioner?

8. The Written Submission
Strive for a ‘good looking document’
Format, format and format
Let the words breathe

9. Some initial impressions of the written submission
Long enough for the court to read and consider, short enough to be interesting
Must provide very briefest background of the case

10. Some initial impressions of the written submission (contd)
Consider what is the burden of proof and the requirements that are at issue
Logic must underpin your argument so that the natural conclusion can only be one of supporting your case

11. Go through the procedural requirements
Eg Termination Case under federal law
Consider the obligations of the parties and what the Commission would anticipate is the legal requirement
Develop a case/submission outline that follows that path – either one of adherence or deviation

12. Rely on popular case law
Use reference or footnotes, but do include all popular expressions of the law
Do not be more obscure than you need to be (power of direct language)
Keep the arguments simple and succinct.

13. Integration
You must integrate, your argument and the relevant issues of the proceedings
Use the transcript (eg PN 42-46)

14. Need to weave the story around your best evidence.

15. The evidence in chief of Ms Jones in relation to the time records of the employee were not challenged. (Affidavit of Jones PN 28-30).
In fact all of the Applicant’s witnesses in cross-examination: Mr Jones PN , Ms Smith PN and Mr See PN ) supported the recollection of events given by Ms Jones in relation to the interview process.

16. Remember in doing this you must keep it simple

17. Look at your conclusions
Do you have to provide a solution?
Give the court a series of options or only one?
Is what you are proposing consistent with what you want?

18. Time management and capacity to review with fresh eyes
If you can – put it down for one day
Dangers of leaving til the last minute
If you are going to speak to the submission is it consistent with how you want to present the argument/closing address orally

19. You might be the funniest, smartest most intelligent advocate that you know – but the court or tribunal member might think you are a real dork!!!

20. ORAL CLOSINGS Now is the time to redeem yourself
Critically review what you have done
NO I mean it !!!!– Critically review what you have done - now modify accordingly

21. Keep simple and conversational
Remember that the court or tribunal has a hard task before them – tell them where the signposts are and where you can give them directions without telling them how to drive

22. Try to work from one document
you should know your case, so slowly summarise your written submission

23. Voice fluctuation with a tinge of excitement can accentuate the issues

24. Be polite and respectful
Don’t be arrogant in your closing
Be respectful – but NOT TOO GREASY
Present your argument confidently and where required passionately
Try to make sure that the Member knows what you are talking about

25. Only quote the law if it is necessary to do so

26. Conclusions Prepare a few main themes that will summarise your
position (broken record??)
Restate your initial proposition
Be prepared to answer
questions (that means prep!!)

27. Challenging Credit
identifying
some of the issues

28. Better be good
Better be worth it
Better make sure that you have a better explanation
Better make sure that you have better witnesses

29. Examples of Credit Challenge
Technical/expert (can be risky)
Personal/Ethical (be objective)
Recollection of Events (sometimes people cant recall)

30. Identify how critical evidence is
Some things are best left unexplored
Care factor?
Spend $10,000 chasing $1000
Need to make sure you really need to do it

31. Need to find your own style out of all of this
Be yourself
Love your case
Never be afraid

32. http://www.andrewjsee.com.au (c)
THE END
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