Competitions Guide 2019

COMPETITION GUIDE 2019 THE AUSTRALIAN NATIONAL UNIVERSITY LAW STUDENTS’ SOCIETY

Completing your Practical Legal Training at ANU What are the advantages of completing the Graduate Diploma of Legal Practice (GDLP) at ANU? Completing your ANU GDLP will give you a postgraduate qualification from Australia’s leading university provider of Practical Legal Training (PLT).

Your ANU GDLP will build on the knowledge you have obtained in your undergraduate studies, providing you with the practical skills that you need to take the next step in your career.

The ANU GDLP is designed to offer maximum flexibility and enables you to tailor your program to suit your lifestyle and career goals: you get to decide your start date, your face-toface location, your individual mentor and when you want to graduate

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Legal Practice Experience (LPE) (also referred to as placement) is a requirement of all PLT courses. Your ANU GDLP gives you the option to choose to complete 20 days, 50 days or 80 days LPE. We have exclusive opportunities available for ANU GDLP students to apply for placements with third parties – and we have relationships with community and private employers where applications from ANU GDLP students are preferred.

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What is the delivery mode for ANU GDLP? The ANU GDLP is delivered online, and can be completed from anywhere in the world – with the exception of the 4 day face-to-face ‘Becoming a Practitioner’ (BAP) course.

The BAP course is offered at locations across Australia throughout the year. You can apply at any location that suits you, and then complete the remainder of the ANU GDLP online.

You will also be offered individual mentoring throughout your ANU GDLP, and you are able to choose your mentor from our range of experienced practitioner teachers.

What is the duration of you ANU GDLP in part-time and full-time study mode?

The duration of the course is up to you! You can complete your ANU GDLP in under 6 months – or you can take more time and complete it at a more steady pace.

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Enquire enquiries.law@anu.edu.au

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CONTENTS & TIMETABLE EDITOR’S NOTE

4

COMPETITIONS TIMETABLE

MOOTING

6

Novice Competitions BBQ Launch - Week 2

NEGOTIATIONS

13

Competition Workshops - Week 3

CLIENT INTERVIEWS

19

Preliminary Rounds - Weeks 4-6

WITNESS EXAMINATIONS

24

•

Mooting: Monday

•

Negotiations: Tuesday

•

Client Interviews: Wednesday Witness Examination: Friday

EXTERNAL COMPETITIONS

30

•

AUSTRALIAN LAW STUDENTS’

35

Knockout Rounds and Grand Final - Week 7-10

ASSOCIATION Please note that the competitors must be availFIRM SPONSORS

38

able to compete in every round.

Premier Sponsors Ashurst

40

Clayton Utz

42

King & Wood Mallesons

44

MinterEllison

46

Major Sponsors

Gilbert + Tobin

48

Herbert Smith Freehills

49

Jones Day

50

ANU School of Legal Practice

51

The College of Law

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Published by ANU Law Students’ Society’s exclusive printing partner

All images included are royalty free or are produced with permission from the author

EDITOR’S NOTE Dear ANU Law Students,

after skills with opportunities to represent ANU in many intervarsity competitions.

I am delighted to welcome you to the 2019 ANU GDLP Competitions Guide, a comprehensive guide on all ANU

I know at this point the dizzying array of opportunities

internal competitions, external competitions, ALSA and

on offer can be overwhelming but rest assured that the

much more. Curious as to what these competitions are

Competitions Guide will provide you with all the ins and

or how to get started? You have come to the right place!

outs of navigating and excelling in these competitions.

Our internal competitions consist of: mooting, negotia-

Before I proceed further, I would like to thank everyone

tions, client interview and witness examination. We offer

who has been involved in contributing to the Competi-

both Novice and Senior levels, with the former tailored

tions Guide this year. We simply would not have been

to students who have no prior experience in a particular

able to provide the breadth and depth of information for

competition before. Senior Competitions are held in se-

you to move into the fascinating world of legal competi-

mester one and Novice Competitions in semester two.

tions without everyone’s contribution. I would also like to

Don’t forget to always keep an eye out on our LSS Face-

extend our gratitude to our sponsors for their immense

book page for updates on new opportunities and ways

support and especially to ANU GDLP who have part-

you can get involved in competitions.

nered with us for this year’s Competitions Guide.

Finally, I would like to thank the Competitions Directors: Legal competitions offer a unique opportunity for law

Adam Brett, Emma Rogerson, Lucy Kibble, Mary Valtas

students to hone their legal skills beyond the lecture

and Melly Zhao. Their commitment every week to en-

theatre and tutorial rooms. Competitors are able to en-

suring competitions run smoothly is indispensable to

hance oral communication and team work capabilities

the Competitions Portfolio. I also extend my thanks to

alongside a range of other soft-skills fundamental to

the judges who generously volunteer their time to judge

pursuing a legal career. Notwithstanding the incredible

and support competitors as well as Sonny Scott, the

value which competitions add to a law students’ degree

Publications and IT Director, for helping to create and

and skillset, for many students it is a memorable expe-

edit this Competitions Guide.

rience which enriches and complements the courses studied at a theoretical level to be applied in a practical

Please do not hesitate to contact me should you have

competition setting. Competitions are also a forum to

any questions, queries or concerns relating to competi-

meet other like-minded law students as well as a way to

tions at: lsscompetitions@anu.edu.au.

meet professionals in the field who give up their time to judge in our competitions. If these small glimpses into

I wish you all the best in your competition endeavours.

the world of legal competitions isn’t tempting enough, many of our fellow students who excel in competitions

David Chieng

get to represent ANU by travelling nationally or interna-

Vice-President (Competitions)

tionally to compete through opportunities like the HSF-

ANU Law Students’ Society

NLU Negotiations Competition held in New Delhi, ALSA rounds held nationally or the John H. Jackson Moot Court Competition held in Singapore this year (to name a few). Competitions ultimately offer an opportunity for you to acquire highly sought-

4

David Chieng is currently a second-year Bachelor of Laws (Hons) and Bachelor of Arts student at The Australian National University.

He has competed in the Novice Moot and organised the ANU rounds of the International Humanitarian Law Moot in 2018. He is the 2019 Vice-President (Competitions) of the ANU Law Students’ Society and recently commenced work at the High Court of Australia.

THE COMPETITIONS PORTFOLIO Who are we?

How can you get involved?

The competitions portfolio is the largest team in the

If you have a keen interest in competitions, we strongly

LSS consisting of: one Vice-President (Competitions),

encourage you to run for a position in the competition’s

four Competitions Directors and one External Compe-

portfolio through annual elections held in October. Join-

titions Director. If you have any general inquiries about

ing the LSS and Competitions provides you an opportu-

competitions, please direct them to the Vice-President

nity to meets some fantastic judges and practitioners in

(Competitions). Once you are involved in a specific com-

the field of law as well as an avenue to meet likeminded

petition, any questions or concerns arising in that com-

law students at ANU.

petition is best directed to the relevant director. Our contact details can be found below:

Vice-President (Competitions) David Chieng: lsscompetitions@anu.edu.au Mooting Director Adam Brett: u6048033@anu.edu.au Negotiations Director Emma Rogerson: u6056636@anu.edu.au Client Interviews Director Lucy Kibble: u6052575@anu.edu.au Witness Examination Director Mary Valtas: u6043804@anu.edu.au External Competitions Director Melly Zhao: lssexternalcompetitions@anu.edu.au

What do we do?

Our role is to provide law students at ANU an opportunity to expand their interests in the law beyond the tutorial rooms and lecture theatres into, what some might call, the practical sides of law. Whether this be experiencing a simulated scenario where teams undertake negotiations

Back Row (L-R): Melly Zhao and David Chieng Front Row (L-R): Mary Valtas, Emma Rogerson, Lucy Kibble and Adam Brett

to achieve the best outcome for their client or adducing favourable facts to their case in the process of witness examination. We seek to facilitate a smooth-running competition that spans five weeks including three preliminary rounds, a semi-final and grand final round. We are here to provide and assist you in your competition endeavours. If you are ever hesitant in getting involved or looking for some guidance, please feel free to send us an email and we can point you on the right path.

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MOOTING Mooting involves a mock court case where the case goes to appeal. As an appeal case, agreed facts are given to both parties at the beginning of the competition. Similar to problem question assignments at law school, the teams must research the relevant areas of law to make submissions to the court on what the law is and how it applies to their particular circumstances. Competitors are also required to answer any questions raised by the bench during moots.

Mooting tests one’s knowledge of the law, as well as advocacy skills.

Each team has two or three members, consisting of a senior counsel, junior counsel and an optional instructing solicitor. Each round, teams are assigned to represent either the Appellant or the Respondent. Novice Mooting questions are limited to the topics of torts or contracts. Teams will be only be arguing the one case for all rounds, alternating randomly between presenting as the appellant or respondent. The question and draw are released a week prior to the first round and the competition typically runs for approximately one and a half hours.

Teams of: 2 or 3 Time commitment: High

MEET THE DIRECTOR ADAM BRETT Adam is the Mooting Director for 2019. He is a fourth year Law and PPE student. Adam has participated in the LSS’s mooting competitions in his first three years, winning the senior mooting competition in 2018. He has also competed for the ANU at ALSA and in the Administrative Appeals Tribunal (AAT) Moot.

What made you get involved with competitions?

What skills will you develop in mooting?

To me, competitions were a way to practise skills that

Mooting gives you an opportunity to develop legal re-

you don’t get as much exposure to in Law courses. It

searching, public speaking and oral advocacy skills. En-

provides an opportunity to advocate for one side of a

gaging in legal research of complex and often unsettled

legal problem, and to be creative in defending legal

areas of law is a valuable and necessary skill to anyone

positions from one side. It forces you to approach legal

considering a career in law. Additionally, you are tasked

problems from a different perspective and creative-

with developing creative legal arguments for your side

ly and zealously defend one side of a legal problem,

of the problem. Often, you may be defending a weaker

rather than impartially weighing up both sides. In addi-

position. However, the ability to creatively, but also cred-

tion, the competitive side of mooting added a layer of

ibly develop arguments tests and develops your ability

excitement to solving legal problems.

to argue and communicate effectively.

More generally, mooting is premised in your communication skills. Standing in front of a judge, and delivering oral submissions for 15 minutes is daunting, but valuable opportunity to develop robust public speaking skills.

Mooting tests how well you can articulate and defend your arguments in a succinct manner under pressure.

These are skills that are vital to almost any career you pursue, legal or otherwise. Your work will generally be of limited value if you are not able to effectively communicate and defend it. Mooting provides a fun and challenging way to develop these important skills.

ADVICE FROM THE EXPERTS Sam Cass, Tom Dunbabin and Ben Durkin Champions, 2019 King & Wood Mallesons Senior Mooting Competition

Interested in courtroom advocacy? Want to learn how to do legal research under the pump, or how to think on your feet before a judge? Just want an excuse to wear formal gear once a week? Sounds like mooting is for you. A fun, competitive and realistic look into legal advocacy, mooting is a law school institution. Grab yourself a group of 2 other mates and follow these 5 simple tips moot court judges don’t want you to know!

1. Preparation is key

3. Make your written submissions clear and easy to follow

Mooting is incredibly rewarding, but it’s quite a serious time commitment. Putting together a solid legal argu-

Your written submission primarily serves as a concise out-

ment requires a comprehensive understanding of the

line of your argument. This means above all it should be

law you’re working with. This means you should ideally

to the point, well laid out and easy to read. A good written

read the relevant parts of all key cases in full (don’t just

submission will provide a framework that judges can easily

rely on case summaries) and learn your fact scenario in-

follow as you speak, and will also help you signpost your

side out. For the moot itself, we recommend you have a

oral submission (e.g. “if I may take your honours to point 1.4

case table ready to go, with a summary of the facts of

of our written submissions...”). This means don’t use long

each important case, the judges who were in the major-

blocks of text, five-line sentences, or lengthy off-topic

ity, and the key points of their decisions. You’ll need to

quotes from Justice Mason’s extra-curial essays. Although

be fairly confident with your content to respond to ques-

it might be tempting to be strategically vague in your writ-

tions from the bench – so practice a few run-throughs

ten submission to catch your opponent by surprise, this is

with your teammates in advance so you don’t get caught

rarely a good strategy. It’s far more important to convey to

off-guard. The good news is that every round is on the

the judge exactly what you will be arguing and leave the

same scenario, so the first week is the hardest it gets!

details and examples to your oral submission.

2. Repeat after me: mooting is not debating

4. Engage with the judges

One of the most common pitfalls for first-time mooters

Mooting is much more than simply reciting a pre-prepared

is to assume mooting will be just like debating – which

speech. A significant part of your score comes down to

it certainly is not. Resist the urge to attack your oppo-

how you respond to questions from the bench. Again, this

nent and their arguments. Shouty, aggressive rhetoric is

is why it’s so important to know your content well. Some-

barely ever appropriate in the courtroom, and will only

times questions will require you to be flexible with the

put your judges off-side. This means you should avoid

structure of your submission – very often the judge will ask

turns of phrase like ‘what my learned friend failed to ad-

you a question on a topic that you plan to discuss later. If

dress was…’ or ‘this submission was severely flawed, as…’.

this happens, don’t just brush them off: give them a brief

Rather, you should consider yourself an assistant to the

response, and note that you will elaborate on that point

court: you are simply trying to demonstrate to the bench

later in your submissions.

why your interpretation of the law should be preferred.

Of course, this isn’t to say you shouldn’t engage with your opposing counsel’s arguments: in fact, it’s essential to anticipate your opponent’s case, and fashion your oral submissions in response to the written submissions you’ve received the day before.

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A few other hints for responding to questions:

5. Learn the legalese:

•

Don’t get flustered if you don’t know the answer to a

There are a lot of formalities in the moot court, and they

question straight away. Maintain your composure, and

will take a little while to get used to. Make sure you say,

be direct: for example, ‘your honour, our submission is

“we submit” instead of “we think”; address the judges as

that regardless of ____, the correct approach is ____’

“your honour(s)”; refer to your teammates as your “learned

Understand that there will be weak points in your case,

colleague” and your opponents as your “learned friend”.

and don’t labour them. When a judge clearly isn’t re-

When quoting a High Court judge in a case, call them

ceptive to one of your points, it’s tempting to continue

“his/her honour Justice X”, and practice your introductions

to argue it until they seem absolutely convinced – this

(these are called appearances).

•

is almost certainly not the best use of your time.

•

•

If you can, it’s impressive to signpost within your an-

Grab a group of friends, start loading LexisNexis, say good-

swer: state two or three reasons why your answer is

bye to your ANU printing credits and sign up for LSS moot-

what it is.

ing. Good luck!

Be prepared for judges to throw you a red herring every once in a while. If it seems like their question isn’t particularly relevant, don’t get bogged down: engage with it, but explain that it is largely immaterial to the issue at hand.

•

Anticipate questions in advance of the moot, and practice being questioned by your teammates. All the judges will usually have the same list of question prompts, so after a week or two you should have a decent idea of what’s coming!

Sam Cass (Winner) presenting as the respondents.

9

MEET A JUDGE MADHAV FISHER

Madhav Fisher is a recent graduate of the ANU College of Law. In his time at ANU, he competed in the prestigious Jessup Moot, progressing to the quarter-finals of the Australian rounds.

How are Competitor’s marked?

What do Judges look for in Presentation?

Each judge is given a marking sheet for each competitor.

There are three things that judges look for in a presenta-

It lists scores for a number of categories out of ten or

tion.

twenty. Categories include the quality of submissions, speaking style, and strength of argument.

First, a strong speaking style. Judges want to listen to someone who speaks in a calm, slow, and clear manner.

Teams should pay attention to the whole marking

Judges want a confident presenter. Each of these is an at-

scheme. It is not enough to speak well on the day and

tribute that can be learned through practise.

have poor submissions, or have excellent submissions but forget to practice presenting those submissions.

Second, a convincing argument. An advocate’s goal is to convince. Judges want to be convinced. A convincing ar-

What do Judges look for in Submissions?

gument has correct legal precedent, and strong logical and policy reasons for it. The first of these comes from do-

Broadly, judges look for three things in submissions.

ing your legal research, the second from carefully examining the steps between the facts and your desired result,

First, obvious errors like typos stand out and a judge will

and the third from considering the result and its conse-

penalise a team for them. Please check your submis-

quences.

sions and start them early.

Third, please be professional. Judges take this competiSecond, the correct legal interpretation. By “correct” I

tion seriously. Please dress professionally and turn up on

mean that the submissions are in line with the bench

time. Please be polite and courteous to the other side, the

book given to judges. A judge, unless they are knowl-

judges and everyone involved in the competition. Please

edgeable about the legal sphere, will rely on the bench

engage in the competition as if it was a real court case, not

book. The bench book will usually be correct, it may not

a debate. You will not lose marks if you fail to do so, but a

be. The only advice I can give is research the area of law

vindictive judge will actively look for areas in which he or

and be confident in your legal interpretation. You cannot

she can penalise you.

control anything else.

Third, please be AGLC compliant. Though it is painful, difficult and often annoying, you will lose marks if you are not AGLC compliant.

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MOOTING 101 LAUREN SKINNER Whether you’re envisaging a career in the courtroom or ready to graduate and get as far away from law school as possible, I would highly recommend having a go at mooting. It’s an excellent way to develop skills that are relevant both inside and out of the courtroom, such as research skills; oral communication skills; and working under pressure. Whilst your law exams will direct you to specific issues raised in class, in mooting you have the opportunity to independently approach a legal question and work out for yourself the key issues, rules, authorities, arguments for and arguments against. While this may seem intimidating at first, it can be a really rewarding experience and a chance to gain practical legal and life skills.

Tips to avoid common mooting faux pas: • You still need pinpoint citations – I know it sucks, but it is necessary. Always include pinpoint citations in your written submissions (bit more AGLC practice for you) and have them ready to provide to the judge during your oral submissions.

• At the start of your team’s oral submissions, request to dispense with full citations (literally say ‘Your Honour, we request to dispense with full citations’). This means you can then refer to cases by their common names and without reciting the rest of the citation.

• Don’t bluff an answer to a question. If you don’t know the answer, simply provide a polite ‘I’m sorry Your Honour but we cannot assist then Bench in this matter.’ If you don’t know the answer or are simply making it up, it will be very clear to the judge.

• You’re not there to win the case, you’re there to win the moot. There is no award for who wins the case, and most mooting questions will have a visibly stronger and weaker side of the argument. You’re being judged on your submissions and your ability to respond to questions, so if a judge isn’t accepting an important submission, simply move on.

• Maintain formalities throughout your oral submissions. If you begin to get flustered (everyone does), often the first thing to go is formalities. Always make sure you are referring to the judge and your fellow competitors respectfully and formally (Your Honour, my learned friend etc.).

• Check the gender of the judges you are referring to. This may seem like an obvious one, but unfortunately something I did not consider prior to the semi-finals of this year’s senior competition. Referring to a female judge as His Honour is particularly frowned upon.

• This isn’t a high school debate. Spicy rhetoric and slamming the other team’s arguments may have done wonders for you back in high school, but it won’t fly in a moot and certainly won’t fly in a courtroom. You are there to convince the judge why your interpretation of the relevant law/authority should be privileged over the other team’s. If this is done in a manner that is disrespectful of the other side, it will reflect poorly on you.

•

•

•

•

•

Always check who won the cases you are citing (and be careful where there are appeals or multiple cases with the same parties). Ideally, have in your notes who won the case; who was in the majority; whether anyone dissented; and whether the case has been considered by further cases. Even if you are only using a case for one particular principle, ensure this information is readily available in case the judge asks.

Identify the stronger and weaker points of your arguments and get ready for questions on the weaker points. Try and anticipate these questions and have a response prepared. Also, be ready for very different judging styles; some judges will ask one question throughout your entire submissions, others will engage you in a conversation from the get-go.

Never say ‘I think’ in your oral submissions. Always ‘I/ we submit that…’. This is another important formality that will indicate to the judge that you know what you are doing.

Slow and steady really does win the race. Judges in moots will often have come from a long work day and they want the moot to be as easy to understand as possible. Legal arguments can be confusing at the best of times, and even more so when presented orally. Signpost wherever possible and be really clear about the structure of your arguments. It will also help to guide the judge through your written submissions (i.e. Turning now to submission 1.2.1 …).

Prepare. Prepare. Then prepare some more. Mooting is only enjoyable when you’re well-prepared. Everyone is busy with study and other commitments, but if you’re going to do mooting, make sure you have the time available to do it properly. It’s not fun standing in front of a judge and another team and having no idea what you’re talking about.

While it all may seem overwhelming at the time, mooting can be really fun and assist in developing key personal and professional skills. Everyone is terrified for their first moot, so if that’s what is putting you off, then still have a go! Everyone is there to learn, and better to make these mistakes now in front of a fake judge than when you actually get to speaking in a real courtroom. Goodluck!

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SAMPLE SUBMISSION IN THE NEW SOUTH WALES SUPREME COURT

TEAM X

BETWEEN

HESTON PRESTON (Appellant) and BENNY MARTIN (Respondent)

RESPONDENT’S OUTLINE OF SUBMISSIONS

(A) SUMMARY OF FACTS 1. The Appellant, an executive chef at ‘The Fat Drake’, was approached by the Respondent, a celebrity chef, to feature on his television show. The Respondent would arrive on October 29.

2. The Appellant was aware of the Respondent’s use of physical and verbal intimidation for the purposes of the show. … etc…

(B) RESPONDENT’S SUBMISSIONS 1. The respondent’s holding of a plate above his head created reasonable grounds for imminent fear of battery and the respondent had requisite intention.

2. Trial judge was incorrect in finding no battery occurred as the harm was direct and intentional. … etc…

Submission One 1. The respondent’s holding of a plate above his head created reasonable grounds for imminent fear of battery and the respondent had requisite intention.

1.1 The respondent intended, through his aggressive conduct, aimed to place in the appellant’s mind fear of battery.

Rixon v Star City Pty Ltd [2001] NSWCA 265 at [58] per Sheller JA.

1.2 To constitute assault, the apprehension of imminent harm in the victim’s mind must be objectively reasonable. Though the appellant had a particular predisposition to being fearful in the circumstances. The conduct of the respondent was such that any reasonable person would have had apprehension of imminent harm.

Barton v Armstrong [1969] 2 NSWR 451 at [455] per Taylor J.

… etc…

[Subsequent Submissions will follow the same format as Submission One]

Respondent’s List of Authorities A Articles/Books/Reports B Cases C Legislation

12

N E G OT I AT I O N S Negotiation is by far the bread and butter of a lawyer’s work. The majority of legal disputes are resolved at the negotiation stage, which usually occurs before litigation. Teams are assigned to represent different parties to a legal dispute and are given a common set of facts, as well as specific confidential information about their client. Competitors strive to achieve an outcome that satisfies the best interests of their respective parties. In determining a winning team, the judge will examine team work, strategy, and also the ultimate outcome of the negotiation.

Teams consist of two students acting as solicitors. New scenarios/ questions are released every week. The negotiation sessions last for 40 minutes, after which teams will each have a short reflective period where they can chat and take questions from the judge. This reflection period is also assessed.

Teams of: 2 Time commitment: Moderate - Low

MEET THE DIRECTOR EMMA ROGERSON Emma is the Negotiations Director for 2019. She is a fourth-year student, studying art/law. She has been involved in competitions since her first year competing in novice negotiations. She has represented ANU nationally by competing in the ALSA Conference and internationally having competed at the HSF-NLU Negotiations Competition held in New Delhi.

What made me get involved with competitions?

Tips?

I wanted to do something but decided that mooting was

My top tip is a very simple one. The most important thing

too much prep, too much law and just a bit too scary,

in negotiation is to ask open ended question and LISTEN

so my partner and I did negotiations. Negotiations really

to the answers. One of the biggest traps which novices

encourages creative problem solving and rewards those

fall into is not listening and explaining the other’s sides

who take empathic approach to conflict. My Partner and

position to them, rather than asking what their position

I were fortunate enough to win the senior competition

actually is. Understanding the other party’s side is the

every year we competed, and we attribute this to just

best way to figure out how to overcome any conflict and

giving it a go in our first year!

achieve the best outcome for your client.

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ADVICE FROM THE EXPERTS Jacqueline Hickman and Laura Wood Champions, 2019 Ashurst Senior Negotiations Competition

1. Prepare

3. Think creatively

Before entering the negotiation, make sure you have

Think of what your client and opponent could hypo-

deeply read the common and confidential facts numer-

thetically bring to the table. Do they have any skills or

ous times. Your familiarity with the facts is fundamental.

relations which you could use to resolve the dispute?

In doing so, it is essential that you clarify what your client

For example, if your client had a friend who could build

wants and the minimum outcome you’re willing to ac-

fences, suggest to your opponent that you could pay for

cept. Work with your partner to determine what your cli-

fence expenses so that they re-allocate the money for

ent’s interests and priorities are, how you will frame the

something else. Sometimes creative solutions will only

issues and discuss how you will order your concessions.

arise during negotiations. Be sure to jot them down and

Make sure you identify what would be your client’s best

discreetly share them with your partner before offering

outcome, the worst outcome and your best alternative

it to the other side.

to a negotiated agreement.

By working closely with

your partner, it will mean that you will both understand

4. Be in control

what you are willing to concede during the negotiation.

By this we mean be ready to lead the discussion. Make 2. Listen, listen, listen

sure you have researched the relevant law and the facts claimed in the scenario. Be ready to show your oppo-

Negotiators often forget that listening is a critical nego-

nent a printed copy of your research. In doing so, you

tiation skill. While there is a temptation to consistently

will have more scope to negotiate when they see your

talk during a negotiation, asking specific questions and

evidence. Additionally, try to write down your agree-

determining the other side’s interest is fundamental.

ments as you go. The person who drafts the agreement

Rather than assuming you understand what the other

can typically phrase it in a way that is most beneficial for

side’s interests are, it is essential that you and your part-

their client. If time permits, revisit any disputed issues.

ner attempt to list these interests during the preparation.

Lastly, always print out a copy of your agenda for the

In doing so, it is likely that you will find that there are

judge so that they too can follow along.

gaps in the information which will require you to probe your counterpart’s interests. Understanding what your counterpart’s genuine interests are will best position you to offer creative solutions that they will accept.

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MEET A JUDGE ALICE SCAMPS-GOODMAN My name is Alice Scamps-Goodman. My partner and I won the Novice Negotiation Competition in 2016 and since then I have judged both the Novice and Senior competitions, as well as judging the Clayton Utz Intervarsity Negotiation Competition UTS in 2018. I have just completed the study of Advanced Negotiation and Mediation at the London School of Economics and Social Sciences.

1. WHAT ARE JUDGES LOOKING FOR? Judges look for a range of different things during a negotiation, including:

Remember, these negotiations are not for very long, so taking a broad and holistic approach shows that a competitor is aware of the limitations in which they are operating.

TIME MANAGEMENT – teams should be wary of not getting bogged down in minor or unnecessary details, otherwise there is not a lot of time left to negotiate a settlement which means teams may agree to a settlement which is to their client’s detriment in the interest of reaching an agreement in the last few minutes.

CONTROL – a competitor will stand out if they have control of the discussion. This does not mean that the competitor does not listen to the other side, as this is integral in order to reach a settlement. However, a competitor who has control of the direction of the negotiation will stand out as a confident and prepared negotiator and will likely achieve the interests and needs of their client

PREPARATION – it is obvious to a judge when a team has prepared and when a team has not prepared. Teams should have a firm grasp of the facts they have been given, have a strategy prepared which is capable of adaptation in response to new information, and should have an idea of what information they want to try to draw out from the other side. Having an agenda prepared which highlights the relevant issues is a good sign that a team is prepared.

REASONABLENESS – sometimes it will be necessary to negotiate competitively, however, in most instances, a negotiation will proceed more smoothly and achieve a better result overall if teams are reasonable with and amicable to each other. Beginning a negotiation in this way can help save time and effort because mutual understanding of facts and overall interests can be more readily established.

ACHIEVEMENT OF CLIENT’S INTERESTS – there are a number of ways which a team may achieve the interests of their client and some may be more creative than others. However, team must remember that the core of the discussions and the settlement need to achieve the basic needs and interests of their client.

2. WHAT MAKES COMPETITORS STAND OUT?

ADAPTABILITY – a key skill which makes a competitor stand out is their ability to adapt their negotiation strategy in response to new information. This is a difficult skill and it comes with experience, but competitors should always consider whether the strategy they came into the negotiation with will work if they are presented with new information.

FLEXIBILITY – sometimes a team will be very stubborn and if the responding competitors are equally stubborn, there will be an impasse which the teams cannot get around. In this instance, the competitor who demonstrates a desire and ability to be flexible in order to achieve some of the interests of their client will be marked higher than a team who is merely stubborn in an attempt to achieve their client’s interests.

3. HOW IS THE COMPETITION HELPFUL IN THE WORKPLACE? The negotiation skills that competitors will develop in this competition are useful in the legal profession because most legal disputes are resolved through negotiation, not by trial. A person who participates in this competition will have a head start in the legal profession because they will have established rudimentary skills of negotiation which will be in constant use.

A number of factors will help competitors to stand out TIME MANAGEMENT/DISCUSSION OF RELEVANT issues – a competitor will stand out if they direct the discussion towards issues relevant to settlement, rather than aiming to discuss every minor detail or irrelevant information.

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However, the skills learned in negotiation are helpful in any workplace. Skills such as public speaking, time management and preparation are skills required in the workplace in general. Furthermore, negotiations of disputes arise outside of the legal profession – disputes arise every day at workplaces, and negotiation is often the simplest and quickest way to resolve a workplace dispute.

NEGOTIATIONS 101 CRAIG COLLINS Senior Lecturer, ANU School of Legal Practice.

What is negotiation?

Negotiation is a process. The word itself evolves from a business and commercial setting which carries the meaning, “to communicate in search of agreement”.

Negotiation is a relational activity - between people or groups of people, from small business or community entities to nation states. It might last minutes or years. It may or may not yield agreement - often the wisest outcome will be no agreement.

Who negotiates?

In one sense, we all negotiate all of the time - even if we might not characterise what we are doing as negotiation.

How else do we resolve family or other inter-personal spats and conflicts? How else do we obtain or achieve our needs and wants?

Legal, diplomatic, political and commercial spheres are all saturated with negotiation. Rising to the top in any of these spheres requires exceptional proficiency in the art of negotiation.

Whatever else they might do, lawyers are specialist negotiators. They are paid professionals representing clients lacking those capabilities. This might occur in the context of dispute resolution, transactional activity or law reform. As a rule of thumb, for every 100 disputes filed in court, about 98 will be resolved before determination by a judge at trial.

The vast majority of those 100 disputes are resolved by negotiation between lawyers.

dents who could show in their CV participation in student negotiation and related competitions. Quite apart from basic skill development, this showed initiative towards self-improvement beyond the bare requirements of the law school curriculum. So this is one way, besides course grades, that you can stand out in making the cut for a job interview.

Beyond job opportunities, you will develop confidence and conscious awareness of negotiation strategies and tactics. It is empowering to build your proficiency for bringing people together towards reaching agreement.

How do we negotiate for dispute resolution?

Your competition rules and marking criteria provides the framework for your preparation and performance.

Preparing In preparing, you should try to crystallise what a satisfactory outcome looks like for your client. Try to reduce this to figures and specific obligations. The question and acronym you might hear from judges is ‘what’s your BATNA’?

(Best Alternative To A Negotiated Agreement). This helps to draw the line below which your client is better off walking away from negotiation. You are not there to settle at any cost. If you are acting for a prospective plaintiff, your client’s ‘best alternative’ is often taking the dispute to court and winning. But since the costs and delays of court action cannot be fully recovered, the BATNA will often be something less than the initial demand.

You should anticipate reaching a point in the negotiation where there is an apparently unbridgeable gap. Strive to be creative by adopting the mindset: what can we give away cheaply which is of high value to them? And vice-versa.

Why develop your legal negotiation skills?

Law students are introduced to negotiation at law school to some extent. I would say to an insufficient extent. That said, I am always impressed by the efforts by law students’ societies across Australia to bridge this gap. Student negotiation competitions are often the first point of exposure for law students, especially if their Litigation and Dispute Management course is taken at the back-end of their degree.

You can improve dramatically from a low base just by competing. This is especially evident amongst students who progress from the ‘novice’ round of competitions through to ‘senior’ competitions the following year. The Australian Law Students’ Association (ALSA) also holds annual competitions, drawing teams from most Australian law schools, as well as from New Zealand, Hong Kong and Singapore.

As a recruiter of law graduates, I always gave weight to stud-

Much of your preparation should be spent examining the facts from the perspective of the other side. That said, it is a common mistake to assume that the other side has no weaknesses, especially since your own client’s weakness will be revealed in gory detail in your ‘confidential facts’.

Try to see past the obvious and look to the underlying interests of both sides. The ingredients for resolution reside there.

Performing In performing, you should think of the negotiation as having a beginning, a middle and an end. There is sometimes confusion as to which side should speak first. As a general rule, the prospective plaintiff should briefly state their claim, allowing for a brief response (eg that the claim is denied). An agenda is often used to help frame the ‘middle’ part of the negotiation.

A common mistake is to get bogged down in contentious detail and attributing blame. It is good to spend some time on what facts can be agreed (beyond the common facts) but this is only so that both teams might reach a common understanding of the parameters of the dispute. Once that is distilled, it is ok to ‘agree to disagree’ on some key points.

You will not be able to bludgeon the other side into admitting they were wrong on all counts. That said, it is ok to concede things, especially if they do not go to the heart of your claim.

One consequence of the above is that too much time is often consumed without reaching the vital stage of generating creative solutions. So don’t leave that stage too late.

The other main mistake is talking too much. You do not win a negotiation by filling the available time with your own words, thereby depriving the side of any oxygen. The best negotiators listen more than they speak. The best technique for showing this is ‘reflecting back’ - paraphrasing what it is that you have heard the other side say.

Finally, how you carry yourself through the negotiation counts for a lot. A professional and courteous disposition and moderate and reasonable tone, combined with a composed and unruffled approach, is what you will observe from the best lawyer-negotiators. Fundamental to law and lawyering is the capacity to disagree politely even if no resolution is reached at the end of the day.

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CLIENT INTERVIEW

Client Interview is extremely important in real life legal practice and the skills acquired from this competition are highly transferable to interviews in any field. When representing a client, it is vital to ensure that you have all the relevant details and build a professional lawyer/client relationship. Acting as solicitors, teams will receive a brief summary of the facts and must aim to extract as much information as possible from the client. This is done by asking relevant and precise questions. This competition requires less preparation and less legal analysis than others, however it requires excellent teamwork skills, oral communication and an ability to think quickly on one’s feet.

Teams consist of of two students acting as solicitors. A new question/ legal brief will be sent to students every week.

Following the client interview, competitors must summarise the gathered information, give advice and come to a conclusion. At the end of the interview, there will be a reflection period for the teams and client. Each round lasts forty-five minutes per team.

Teams of: 2 Time commitment: Low

Clients Clients are provided by the LSS, however, if you are interested in acting as a client, and are not a competitor, please email lsscompetitions@anu.edu.au to volunteer!

MEET THE DIRECTOR LUCY KIBBLE Lucy is the Client Interviews Director for 2019. She is in her fourth year of Bachelor of Laws/Commerce and has previously competed in the Negotiations Competition.

What made me get involved with competitions?

What skills will I develop in Client Interviews?

I decided to get involved in competitions because I

As a competitor in Client Interviews you will develop

think it is a great way to learn the practical skills nec-

the ability to interact with a wide range of people in

essary to be an effective lawyer. Even if you don’t want

a professional manner and hone your skills of inquiry.

to go down the law path the competitions give you

With only 30 minutes to extract necessary information

grounding in the soft-skills that will help you to suc-

from clients, you will quickly learn the most effective

ceed in a professional environment – communication

ways to interview. This is a skill that would serve you

and working as a team.

well in the legal industry, but also other professional industries where understanding what a client wants is essential to getting the best outcome.

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ADVICE FROM THE EXPERTS Ingrid Olbrei and Thomas Wilkie-Black Champions, 2019 ANU GDLP Client Interview Competition

Participating in the Client Interview competitions is a fantastic way to acquire practical professional skills which are highly transferrable. Client Interview enables you to enhance your teamwork, professionalism, communication skills and on the spot thinking. Getting together with your partner once a week and interviewing whacky clients while pretending to be lawyers is also a lot of fun!

Prepare an Agenda

that may arise as well as a page for general facts. You can use this throughout the interview to check in with

Take the time to meet with your partner ahead of your

your client, perhaps by clarifying the timeline with

first client interview to carve out an agenda. While you

them or key issues. Toward the end of your interview,

are not given a great deal of facts in advance, there are

recap the ‘next steps’ to your client. Return to what your

some standard housekeeping issues that need to be

client’s desired outcome is and how the ‘next steps’ you

addressed in every interview so map out who is going

and your partner have devised speak to that.

to say what and when. You should agree with your partner how you might welcome your client into your

Remember to manage expectations throughout the in-

office and make them feel at ease. It is helpful to start

terview if you think your client is after an avenue of re-

off with some small talk about how their day might have

dress that may not be possible – you are the expert not

been, if they had any trouble finding your office or even

them! Don’t be afraid to tell them they won’t be able to

how they heard about you. The latter question is a great

get what they want, whether it is damages, an apology

segway into informing your client of the Three C’s –

or revenge. Lastly, take notes when receiving feedback

confidentiality, costs and conflict of interest. Thereafter,

from the judge. It is an excellent opportunity to expand

it is up to you and your partner to extract the relevant

your skillset and prepare for the next round.

facts!

What do you need to know before the client interview?

Remember to introduce yourselves to the client at Active listening

the start of the interview and remind them that at your firm the first consultation is free. Keep your questions

It is important to remember your client has probably

clear and concise to ensure that the client does not get

come to you because they are not well versed on the

confused. Finally, always ask the client about their ideal

law or are seeking an objective professional opinion.

outcome – your first and foremost responsibility is to

While it may be easy to get distracted by your client’s

act in the best interests of the client.

narrative, so remember to stay focussed and listen out for potential points of contention. It is helpful to check in with your partner every now and then to see if they have any further questions or issues they might want to clarify. We recommend having separate sheets of paper to organise the information you are receiving: a timeline page, a page for the people involved/claims L-R: Thomas Wilkie-Black, David Chieng, Ingrid Olbrei 21

MEET A JUDGE HELEN RODRIGUEZ I am currently a Lecturer with the ANU School of Legal Practice in the Graduate Diploma of Legal Practice. I teach the property component; I also convene the Professional Practice Core and Legal Practice Experience components of our program.

I started working in law firms many moons ago in various support roles. I did not begin my law degree until I was older and had many years of work experience in law firms; yes, it took me a long time to decide to be “the lawyer” in the room!

What are Judges looking for?

Judges are looking for a cohesive team and approach to client interviewing. It comes down to your ability to establish rapport with your client so that you can tease out why the client has come to see you about and getting those all relevant facts. Not all clients are garrulous! You need to be able to identify the legal issue(s) and provide the advice a client needs so that the client can make an informed decision about how to proceed to resolve or deal with the issue they came into to see you about. After the interview, judges, like clients, want to know what you can do for them and any applicable timelines. Both want to walk out the door saying to themselves; I’ll come to back to these lawyers.

What makes competitors stand out?

Competitors stand out for many different reasons. Being calm under pressure and unexpected twists and turns is one of them. The ability to fact find while building rapport and not using legalese is another. Managing the client’s expectations is also a factor. Something important to me is whether competitors come across as being their genuine selves.

What are the common mistakes of competitors?

Many competitors try to focus on those elusive “special facts” that they know are embedded in the scenarios provided to the “clients.” I have seen many instances where this focus completely derails the competitor’s effectiveness as they forget to the carefully listen to the “client” who might be trying to provide cues, but these breadcrumbs are missed as unimportant or insignificant. A question asked at the right time in the right place makes all the difference. Imagine getting a crucial piece of information as you are concluding the interview!

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One memorable technique a team employed that impressed you?

Little touches can impress. Over my time judging teams have done so many different things that have impressed me, that there is no “one” thing. It’s usually a combination of things that the team brings to the table. Examples: • having a business card or retainer ready to hand to your client; • providing your client with a “homework” sheet at the end of the interview so that they know what you need from them going forward; • showing empathy but not sympathy; • being friendly but professional (this one can be hard to get right); • an innovative meet and greet not the usual how’d you find the parking, etc, etc.

How is a client interview helpful in the workplace?

Meeting with clients, talking to them, obtaining facts, and working with them to resolve a legal matter is an essential skill every lawyer needs to have. Every client is different, so you also have to be able to adapt to the person or people in front of you. It’s always important to talk to and with clients and never at them! You can go from an apprehensive client (who doesn’t like lawyers or having to see one) to creating a place where a client who wasn’t warming up to you, trusts you and tells you everything you need to know. You have to be that person that they can say stuff to without judgement and know that you will do your best by them. There is no magic “client interview technique.”

Like the myriad of clients you are likely to meet, that’s how many interview techniques you might end up developing!

CLIENT INTERVIEW 101 GABRIELLA IMPERIAL Client interview is a fantastic way to develop your client and rapport-building skills which are essential to any legal practitioner (and other professionals!). Talking to, fact finding from, and working with clients to obtain outcomes or to resolve potential conflicts are all elements of practice that this competition prepares you for.

The following steps are a guide to how we suggest you structure your interview in order to make the most out of your time with your client: Greeting • Meet the client at the door, welcome them in and introduce yourselves.

• Make them feel at ease.

House-keeping • Brief statement outlining lawyer-client confidentiality.

• Make sure client knows you will do a conflict check following the interview.

• Outline costs (ensure they know the first interview is free).

Don’t stress about remembering everything, or even getting everything right. Novice Competitions are a fun, low pressure way of learning new skills. Your judges will give you advice following every round, and this is invaluable in building confidence and working out what the best method is for you. Implement judges’ feedback, follow your guy and most importantly – enjoy!

Open questions • Try to gain an understanding as to why the client is there: who, what, where, when, why and how.

• Make sure you know what the client seeks to get out of the interview.

Closed questions • Probe deeper, ask questions about things you are unsure of.

• Make sure the story is clear: how many drinks had they consumed? Were there any witnesses? Have they sought psychological/medical advice since?

Summary • Reiterate facts, clarify what you are unsure of.

• Make sure there is a clear timeline.

• Ask if there is anything to add.

Lily Shen and Thulasie Venkatraman (Runner-Ups) interviewing Adelaide Bragias (Client) judged by Helen Rodriguez (ANU GDLP) and Gabi Imperial (AGS) at the new College of Law moot court.

Legal information • Outline the key issues in their case.

• Offer brief information about the options they may pursue, and what your firm can help them with.

• If applicable, mention Alternative Dispute Resolution: advise mediation/negotiation as a more timely and cost effective solution to litigation.

Conclusion • Answer any questions they have.

• Give them their paperwork: retainer (explain briefly what this is, and that it outlines the fees of $200 an hour), plus any information/contact details about psychologists/doctors/business consultants applicable to their case.

• Show them out and tell them to contact you for any further information.

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WITNESS E X A M I N AT I O N

Witness Examination is a mock criminal trial where each competitor examines their own witness and cross-examines their opponent’s witnesses, trying to adduce facts that are favourable to their case. Problems are either based in tort law or criminal law. The judge assesses a competitor’s ability to adduce and handle evidence and their witnesses.

Familiarity with the rules of evidence is recommended. Ethical considerations and rules of evidence must be kept in mind at all times when speaking to a witness before and during the round; if your witness lies, or shows obvious signs of collusion, you may be excluded from the competition. Although an individual competition, witnesses are extremely important in the competition.

Competitors will be given a factual scenario one and a half hour before the trial begins, an hour later, they will be able to consult their witness. Each round, competitors are assigned to represent either the Prosecution or the Defence and will last ninety minutes.

Teams of: 1 Time commitment: Low

Witnesses Witnesses are provided by the competitors and need not be ANU law students nor does it have to be the same witness each round. Before competing, competitors must be sure that they are able to source a witness for every round.

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MEET THE DIRECTOR MARY VALTAS Mary is the Witness Examination Director for 2019.

She is in her fourth year of Bachelor of Laws/Arts and has previously competed in mooting before becoming a competitions director on the LSS.

What made me get involved with competitions?

What’s the best thing about running the Witness Examination Competition?

I wanted to get involved in competitions because it’s a great way to meet new people and contribute to

The people you meet. So far, I’ve been able to engage

the LSS community. Fun fact, Witness Examination is

with a number of legal professionals who have volun-

underrated!

teered to judge Witness Examination. The best part was probably meeting the former Deputy Chief Justice of the Family Court, John Faulks!

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ADVICE FROM THE EXPERTS Emma Henke Champion, 2019 Senior Witness Examination Competition Witness examination is an unrivalled opportunity to develop your legal advocacy skills. With just one-and-a-half-hour prep time, you will be thrown into the deep end and forced to use your lateral thinking and improvisation skills. I promise it’s not as daunting as it seems. While the rules will run you through the different aspects of the competition, I hope to provide you five tips I’ve learnt through my time doing the competition to help you take your witness examination to the next level.

1. HAVE SOMETHING TO SAY Witness examination is not just marked on delivery; instead a good competitor will have a ‘case theory’. A case theory is a version of events of what happened and why it happened. This will be outlined in the opening, supported by information gathered from carefully crafted questions throughout examination-in-chief and cross-examination and emphasised, with reference to the information eluded, in the closing. One good way to craft a case theory and ensure its delivery is to write your closing first. That way, you can make sure you ask questions to achieve this end.

2. THINK LATERALLY To do well in witness examination you do not need a deep understanding of the intricacies of evidence law or criminal law, rather you just need to be able to think laterally and draw upon your common sense. When you look at a set of facts, try and imagine the scenario-taking place. Ask yourself – What seems odd? What are we not told? For example, if you are reading a scenario where a person is shot, ask yourself questions like, was there ammunition in the gun? Was it loaded? Then think about how the answer to the question will affect your case theory and decide on whether to put it to either witness. Often, questions of this ilk can lead to the opposition’s witness being caught out!

it you have the half a second before the witness responds to get to your feet. My advice would be to familiarise yourself with the types of objections you can make and when their use is appropriate. Write up some simple sentences to make and respond to each these objections and bring them with you each week so in the spur of the moment you can gravitate towards them if necessary. You’ll find that after a few weeks, the objections will roll off your tongue and you will no longer need your list.

5. TONE AND TIMING In terms of style, a truly effective witness examination competitor will not use the same tone throughout. The slightly raised tone you will use to get an answer out of an unruly witness in cross-examination is not the same as the calm, measured tone you will use to deliver a closing. Further, you should not be afraid of a pause.

If you do not know what to say or need to gather your thoughts, you can and should pause for ten seconds or so. You can own the stage during your allotted time and pausing is preferable to saying ‘um’ and ‘ah’ or going down a rabbit-warren because you couldn’t think of anything else to say.

Above all else, have fun during the competition and take advantage of the opportunity to get feedback from some of Canberra’s great practitioners and judicial officers.

3. TELL A STORY During cross-examination, you want your witness to tell a story. While you will know the facts, you want to pretend you are hearing the story for the first time. You should set the scene. Don’t be afraid to part from the statement and ask the witness to describe the setting of the incident (without leading of course!).

4. GET READY FOR OBJECTIONS Objections can be tricky, both to make and to respond to. You’ll be on a roll, about to deliver the question you’ve been crescendo-ing towards, and before you know it your opposition is on their feet. Similarly, you will be listening to the other party, hurriedly writing down everything they’re saying, when you hear a question that doesn’t sound quite right and before you know

L-R: Tom Taylor (Partner at McKenna Taylor), Emma Henke (Winner), John Faulks (Former Deputy Chief Justice of the Family Court) and Satomi Hamon (Solicitor at Aulich) at the ACT Supreme Court.

WITNESS EXAMINATION 101 TIGER LIN Disclaimer: Informed in part by Kellin Kristofferson’s guide from 2018.

Opening Statement A good opening will give the judges a clear path to follow as they listen to your examination-in-chief and cross-examination. Remind the judges what is charged, and the elements required to prove it. Present your case theory – a concise explanation of your version of events which explains why the accused is guilty beyond reasonable doubt, or why they are not. If you are the prosecution, outline all the elements of the offence charged, and link that to your version of events. If you are the defence, identify which elements the prosecution cannot prove beyond reasonable doubt, using your case theory to explain why.

This should be short, sharp and to the point – you are merely setting up the scaffolding which will be filled in by the testimony that is to come.

Examination-in-Chief This is an oft-underestimated part of the competition – worth only slightly less than your cross-examination. Your role here is to draw out the facts of your witness’s statement using non-leading, open-ended questions. Although it seems simple, it is very easy to lapse into asking leading questions, which suggest a specific answer. Make sure you are using open questions, such as ‘what happened on the night in question?’, ‘how did that make you feel?’, and ‘what happened next?’. Keep in mind that you can add some direction to your questions by incorporating evidence you have already elicited from the witness.

Use this time to allow your witness to fully explain their case and justify any perceived inconsistencies. Keep in mind that it is illegal to coach witnesses, and it may be readily evident to the judges if you and the witness have colluded in such a deliberate way.

Cross-Examination Cross-examination is your chance to pick apart an opposition witness’s testimony and reduce their credibility. Don’t waste time confirming facts which are not in issue – every question should be focused in some way towards identifying gaps in their testimony, drawing them into traps where they may appear confused or to be contradicting themselves, and demonstrating their lack of credibility in general.

The importance of using leading questions (drawing out a yes/no answer) in cross-examination cannot be emphasised enough – you don’t want to ask too many open-ended questions which make their responses less predictable, and hand over control of the situation to the witness, allowing them to explain away what may be very questionable conduct or testimony.

Keep in mind that you are in charge of the cross-examination, and don’t be afraid to cut off the witness if they attempt to explain their yes/no answer to your question – remind them that you only want a yes or no answer is a polite, yet stern way of doing this. If the witness continues to argue and explain, you are allowed to talk over them and move on with your questioning. Do not argue with the witness!

Plan out your strongest areas of attack – although there may be quite a few areas where you think you can chip away at the witness’s credibility, keep in mind that you only have 15 minutes to perform your cross. You don’t want to raise so many small issues that you drown out the effect of your strongest points, or run out of time to even raise them. Identify the parts of their testimony which conflict most with your case theory, and focus on resolving those inconsistencies in your favour.

The Rule in Browne v Dunn This is an important rule to keep in mind when conducting your cross-examination – that you cannot make statements that contradict opposition witnesses if you have not first put it to that witness during your cross. For example, if your witness claims that Amelia was sneaking around outside Josie’s house, but Amelia’s evidence places her nowhere near Josie’s house, you must first put it to Amelia that she was sneaking around Josie’s, before you can conclude that in your closing.

However, make sure that you have sufficiently led up to this point, so that your direct allegations (being put to the witness) are not coming out of the blue. Form the logical foundations and set the scene before you accuse the witness of any impropriety – they will obviously deny it, but if you have laid the foundations well, their denial will seem much less credible.

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Objections

Closing Statement

These are a tough nut to crack, especially as you are just starting out. You can raise objections at any time during examination-in-chief and cross-examination, but doing so during opening and closing statements is considered the height of disrespect. To raise an objection, simply stand up and say ‘Objection!’, and when prompted by the judge, briefly explain the grounds on which you object. Below are the most common objections used in a competition setting.

The closing statement is your chance to incorporate evidence that has been adduced from the witnesses’ testimonies and make your final appeal to the judges. Make sure your case theory is crystal-clear and show how what we have heard has supported your version of events.

Leading Question (Examination-in-Chief Only) When conducting examination-in-chief, Counsel cannot ask leading questions, which are questions that suggest the answer given, or attempt to put words into the witness’s mouth.

It is, however, acceptable to incorporate evidence the witness has already given to direct subsequent questions (i.e.

‘You mentioned they were jumping on your car – how did that make you feel?). Note that leading questions are allowed (and desired) during cross-examination.

Relevance Questions must be directly or indirectly relevant to a fact in issue. The test is whether the probative value of the evidence outweighs its potential to prejudice the jury. If this objection is raised, Counsel will have to demonstrate the rationale behind their question, and why it is relevant.

Opinion Evidence of an opinion cannot be used to prove a fact about which the opinion was expressed – for example, ‘he was pretty angry when his girlfriend left. It seemed like the rage was building up inside him’. There are exceptions such as lay opinions and expert opinions which should be kept in mind.

Hearsay Hearsay is when a witness gives evidence of what a third party said/represented for the purpose of proving the truth of that representation (i.e. ‘Ben said that his girlfriend arrived at 9pm’ – to prove that Ben’s girlfriend arrived at 9pm).

There are exceptions, such as when the evidence is used to prove something other than the fact contained in the representation itself – for example, this testimony could be used to prove Ben did in fact say those words to the witness.

Improper Questions

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These are misleading, confusing, unduly belittling, racist and sexist questions which are inadmissible and must be disallowed. The common TV/film objection of ‘badgering the witness’, which can involve asking several questions at once, not allowing a witness to answer a question, making unnecessary or irrelevant comments, or otherwise provoking a witness, also falls under this category.

Tiger Lin, runner-up in the 2019 grand finals, conducting the examination-in-chief.

MEET A JUDGE PRISCA OCHAN Prisca Ochan is a fourth-year law/political science student. Her team recently won the 2019 ACT DPP Plate Mock Trial Competition. In 2018 she was runner-up in the Senior ANU LSS Witness Examination Competition. She has judged several rounds of the 2019 Senior ANU LSS Witness Examination Competition and will be a student judge in the 2019 ANU GDLP ALSA Conference Witness Examination Competition.

What are competitors judged on?

Cross examination

You are judged on your opening statement, closing statement, examination in chief cross examination, manner and expression and case theory.

• • •

I personally really like this competition because there is minimal preparation involved. You are given the problem an hour and a half before the competition begins, so if you are non-committal and time poor, then this is the competition for you! This is also what makes the competition so intimidating to most people– it requires a lot of thinking on your feet. But believe me, it is a lot of fun!

• •

DO ask leading questions.

Again, you need to control your witness.

Do not be afraid to cut them off, to get His or Her Honour to direct them to answer the question with a yes or a no. Witnesses sometimes waffle on about something that is really not material, or they may be difficult.

Ask questions in a way that probes the character and attitude of the witness.

Engage with the witness’ answers.

Closing statement Opening statement • • • • •

• •

Develop a convincing case theory (and make sure you stick to it!).

Identify the issues.

Briefly outline the facts.

If you are Prosecution, you may also want to outline the elements of the offence and what you will prove. With that said however, for the purposes of this competition, you are not required to go in depth with the legislation or case law. Everything you need to know will be provided to you in the fact scenario.

Tell me about the witnesses we will hear from Do not take too long to do all of this (you only have about 3 minutes!)

• • •

Other things to remember • •

Examination-in-chief

•

•

• •

•

• • • • • •

As a general rule, DO NOT ask leading questions!

(An easy way to tell if a question is leading is to see if the question would have a yes or no answer).

However, you are allowed to ask leading questions where it is appropriate to, for example, when establishing facts that are not in dispute.

Therefore, you want your questions to be open ended.

DO ask who, what, where, when, why, and how type of questions.

Ask about events in chronological order.

Control your witness and ensure that they only say what you want them to.

Do not be afraid to interrupt the witness (do this appropriately).

Avoid asking objectionable questions.

Your closing statement should mirror your opening statement.

Incorporate the oral evidence from the proceedings of the day.

Reiterate your case theory.

Remember the rule in Browne v Dunn (basically, DO NOT introduce new evidence).

Do not be scared about raising objections.

Both counsels cannot be standing up at the same time—for example, if opposing counsel stands up to raise an objection, you need to sit down and vice versa.

Speak slowly and clearly and make sure you maintain good eye contact.

Develop your own style.

Previous knowledge of Evidence Law and Criminal Law and Procedure might be helpful. I still have not studied Evidence yet, and still managed to do pretty well!

29

EXTERNAL COMPETITIONS

30

MEET THE DIRECTOR MELLY ZHAO Melly is the External Competitions Director. Melly is in her third year of Law and Commerce study. She has experience competing in mooting and negotiations.

As External Competitions Director, Melly facilitates the ANU LSS’s involvement in a range of different intervarsity legal competitions. She develops the applications forms, advertises the competition sign ups, and helps to prepare the selected teams to represent the ANU at these competitions.

What made you get involved in competitions?

Tips?

I joined for fun in my first year, and I really enjoyed the

Attend workshops! They always provide some useful

whole experience. Additionally, I have come to realise

tips.

that competitions are a great way to gain some practical legal experience and to meet like-minded people.

Apply! You have nothing to lose and you learn so many

Therefore, I encourage everyone to apply!

useful skills by participating.

31

COMPETITIONS External Competitions allow students to travel, socialise, and compete with like-minded peers from other universities whilst being judged by the high-profile industry experts. They are a great way to meet people from different universities who share the same interest and passion in competitions and is also extremely rewarding for competitors to learn and be exposed to different competitor and judging styles. As a result, the ANU Law Students’ Society encourages student participation in external competitions. In Semester 2 of 2019, the LSS will be supporting student teams in the following competitions:

AAT Moot

Sir Harry Gibbs Constitutional Law Moot

The Administrative Appeals Tribunal (AAT) Moot is a na-

The Sir Harry Gibbs Constitutional Law Moot is hosted

tional competition comprising five rounds at the state or

by Melbourne University Law Students’ Society in con-

territory level, and then one round at the national lev-

junction with the Australian Association of Constitutional

el. It focuses on merits review, so it is aimed at those

Law and the Australian Government Solicitor. This moot

who have completed and enjoyed Administrative Law. It

attracts the country’s best constitutional mooters. The

takes place at the ACT Administrative Appeals Tribunal,

moot comprises a four round-robin structure followed

and the first round is on 15 July.

by three knock out rounds. There will be a $1,500 prize for the winning team, and a $500 prize for the second

Animal Law Moot

placed team. All moots, other than the Grand Final, will be held at Melbourne Law School. The Grand Final will

The Australia New Zealand Intervarsity Moot on Animal

be hosted at the Federal Court in Melbourne. Competi-

Law will take place at The University of Melbourne on

tion date TBC.

14-15 September this year. This competition is hosted by the Animal Law Institute. As it is the only moot which

Kirby Contract Law Moot

focuses on animal law in Australia or New Zealand, it is great for students who are passionate about this subject

Annual Michael Kirby Contract Law Moot Competition is

area.

hosted by Victoria Law School in the College of Law and Justice at Victoria University. The competition has been

Castan Centre Human Rights Moot

running since 2011 and takes place at Victoria University between Monday 23 - Thursday 26 September 2019.

The Castan Centre Human Rights Moot is the only moot which focuses on human rights law in Australia, allowing

UTS LSS LexisNexis Legal Technology Moot

interested students to hone their knowledge of human rights law. It is based on the Victorian Charter of Human

UTS LSS LexisNexis Legal Technology Moot is held by

Rights and Responsibilities Act 2006. It will take place at

the University of Technology Sydney Law Students’ So-

Monash University. Competition date TBC.

ciety. The dates are to be confirmed, but I have been advised that it will take place on the weekend of 15 Sep-

Baker Mckenzie National Women’s Moot

tember. The moot focuses on legal technology. Legal technology is an ever-evolving and exciting field of law

The Baker McKenzie National Women’s Moot is an inter-

and competitors will engage with established principles

varsity competition for women law students which started

of law and the inherent uncertainty within the modern

in 2011 by the Sydney University Law Society alongside the

technological landscape. The moot will take place at the

NSW Young Lawyers Special Committee of Law Students’

University of Technology Sydney.

Societies. It came about to address equity issues for women at the bar. In order to compete in this moot, you must

The ANU LSS is always looking to expand its participa-

identify as female. The location and competition dates for

tion in new external competitions. Keep an eye out on

this moot TBC.

our Facebook page to see when these new opportunities show up!

STUDENT TESTIMONIALS CLAYTON UTZ INTERVARSITY NEGOTIATIONS COMPETITION What made you decide to participate in the UTS Clay-

to find out as much as you can from the opponents in

ton Utz negotiations?

order to find what their position is and what their real purpose for negotiating is. Team - work is extremely im-

The challenge of the complexity and tact required to

portant and its essential that both partners have good

reach the best possible outcome for your client and to

dynamics. We also learnt that feedback from judges

effectively use confidential facts is what attracted us to

should be taken seriously and implemented in the pro-

negotiations competitions. We had both previously par-

ceeding rounds. It’s always beneficial for the team to ask

ticipated in and enjoyed the ANU LSS novice and ad-

for suggestions and tips about how to approach situa-

vanced negotiations and enjoyed the opportunity to ex-

tions which are complex.

pand our skills against other colleges.

On a social aspect, you will be competing with everyone in the room except for your partner, but it is also import-

How was it?

ant to network and socialise. Negotiations is competitive and very intense but it can also be fun if you and your

The intercollegiate negotiation competition was a fan-

partner work well together.

tastic opportunity to practice our skills against other universities and receive feedback from professionals on

TIPS:

our efforts. We met a fortnight before the competition and planned our approach over coffee. At the negotia-

•

tion we became friends with teams from across Sydney and UC who were one of the other finalists.

Meet your partner weeks before you go in to negotiate.

•

In a non confrontational way

•

Make sure both of you are in sync on what it is that your client wants and what it is you’re willing to

Why you should do it?

compromise on.

For anyone that is unfamiliar with negotiations, they are

•

40-50 minutes in length and involve the preparation of facts by each team of two before the official negotiation begins. Once it begins you start with formalities and

You can’t be too prepared - know your facts inside and out

•

Relax - go get dinner and debrief, it’s just a competition at the end of the day

then attempt to resolve a situation, often as a final process before a court settlement. Teams are marked on both their own teamwork as well as the whole negotiation dynamic in addition to whether they acted in good faith and of course the final outcome they achieve for the client. It is a great way to practice resolving disputes before you become a real lawyer. If you are considering signing up we would highly recommend the experience!

Teams are friendly and judges provide thoughtful feedback to help you improve every round.

What you learnt out of negotiations?

Negotiations requires a balance in being assertive and respectful of the other parties sentiments, whilst also ensuring that you don’t give in to your opponents demands. You will not reach any settlement at all if there is

Tenzing and Jacqui competed at UTS and advanced to

no trust that is gained from the other lawyers present in

the semi-finals!

the room, so being rude or extremely cold doesn’t help either party. Questioning is always important, try

33

DPP PLATE MOCK TRIAL Who knew Canberra’s Division 2 social netball competition involved so much passion, intensity and fury? Four stitches and a concussion later, Jennifer Baller stood charged with assault occasioning actual bodily harm for punching (she claims in self-defence) her rival, Damien Hooper. These were the circumstances that set the scene for a showdown between UC (prosecution) and ANU (defence) for the 2019 DPP Plate Mock Trial, held at the ACT Magistrates Court, with the ACT Director of Public Prosecutions, Shane Drumgold, as the judge.

Although Jennifer was ultimately found guilty, it was a great feeling winning back the DPP Plate this year.

Being my first year of participating in competitions, I was incredibly fortunate to make the final of the ANU Senior Witness Examination competition, which introduced me to the procedures and techniques associated with (mainly) criminal trials. This put me in good stead to apply for the DPP Plate Mock Trial team, which was made up of Prisca Ochan, Lauren Skinner and myself. We received our brief five days before the competition and worked fervently throughout the week to prepare our case (note that ‘throughout the week’ can be interpreted extremely subjectively…).

For all those interested in criminal law, developing your advocacy skills, or working in an awesome team of wannabe-barristers out for blood, this competition is an opportunity not to be missed!

34

Tiger Lin, Lauren Skinner and Prisca Ochan at the DPP Office winning the DPP Plate for 2019.

AU S T R A L I A N L AW STUDENTS’ A S S O C I AT I O N CONFERENCE The Australian Law Students’ Association (ALSA) is a national not-for-profit association comprising many Law Students’ Societies and Law Students’ Associations. Every year, the ALSA Conference consists of a week of competitions, educational events, council meetings and social events.

Winners of the senior internal mooting, negotiation, client interview and witness examination competitions (held in semester one) represent ANU at the Conference every year. Furthermore, the LSS has teamed up with the International Law Society (ILS) to send winners of the ANU rounds of the International Humanitarian Law (IHL) Moot to compete at ALSA. In 2019, the ALSA conference was held in Melbourne and was an extremely rewarding experience as teams competed against universities from around Australia, New Zealand and the Pacific.

Participating in Novice Competitions gives you the relevant skills and experience to compete in the Senior Internal Competitions which puts you in the running to become an ANU ALSA competitor and representative.

STUDENT TESTIMONIALS Lauren Skinner, Tom Dunbabin and Samuel Cass Runner-Ups in ALSA Championship Moot 2019.

Can you think of a better way to spend your winter break than poring over contracts and equity cases from the last two centuries? Apparently, we could not. After making it to the grand final of the ANU Senior Mooting competition, we were sent to Melbourne to compete against some of Australia’s best law students in the Australian Law Students’ Association (ALSA) Championship Moot.

With limited sleep, a Junior Counsel entirely reliant on extreme amounts of caffeine, many unanswered legal questions and a four-point penalty going into preliminary rounds, we were expecting to be quickly knocked out and then enjoy a few days exploring Melbourne at the LSS’s expense.

We pushed through three preliminary rounds, quickly becoming Masters (pun intended) of binding intention. At the end of the second day of competition, the teams who had made the ‘break’ and reached quarterfinals were announced at the aptly named ‘Break Night’. Much to our surprise, a casual Break Night quickly turned into a few celebratory drinks – we had made it through to quarter finals and were promptly sent home by President Rocky (after a quick snap for the LSS Facebook page). Another late night of case reading and submission writing bought us a surprising win against a team with an impressive knowledge of finance (and a creative debt/equity hybrid approach to interpreting penalty clauses), and we were in to the semis.

Our win in the semis was equally as surprising, but good if only to prevent what could have been an all-Sydney grand final. Instead, we faced off against a team from Adelaide, who gave us the toughest fight of the competition in front of an amazing crowd and bench.

It was an incredible experience to stand in the County Court in front of three judges of the Victorian Court of Appeal, and we would highly recommend competing in an ALSA competition to anyone who gets the opportunity. You never know where signing up for one competition may take you!

36

WORKSHOP NOTES Workshops for Mooting, Negotiation, Client Interview and Witness Examination will be held in Week 3 of Semester 2. The events will be posted on our Facebook page. These workshops are a great opportunity to hear more from experienced competitors and judges.

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Tips for clerkship success Be self-aware and remember that first impressions count

Remember to request feedback after completing tasks

• In locations with multi-clerkship opportunities, a 3.5 to 4 week clerkship is essentially a long interview for a graduate position

• A clerkship is a great opportunity for you to learn and develop your legal knowledge and skills

• Consider your personal brand and how you want to be perceived and remembered in terms of your strengths and fit with firm

• Take the time to follow up your work providers and get their thoughts on the work you have completed - however be aware of their workload and the timing of asking for feedback

• A great attitude, enthusiasm for any sort of task and the ability to quickly build rapport with others goes a long way

• Acting on this feedback is a great way to demonstrate your ability to learn quickly – a key skill for junior lawyers

Show initiative and seek opportunities

Develop your networks – speak to as many people as possible

• What do you want to get out of your clerkship? What do you want to learn about the firm and what work do you want to get involved in?

• As well firms looking at your abilities and fit to the firm, it’s also your opportunity to find out if this is the place you want to start and establish your career

• Take the initiative to get to know your team as well as other practices across the firm, meet as many people as possible and try to get involved in different types of work, projects and activities

• Take every opportunity to meet people from across the firm to learn about the practice groups and if they are people you would like to work with in the future

Keep your supervisor updated on workload and schedule

• Lastly, take the time to get to know your fellow clerks – you may be colleagues one day

• Communication is key in a law firm. Take on a variety of work for different people across the team, but don’t forget the importance of managing your priorities and keeping your work providers up to date • Clerkships involve a number of training sessions and other activities so it’s important to keep people informed as to where you will be if you are away from your desk for a long period of time

Connect with us on

As a junior lawyer, your enthusiasm is in overdrive. Everything is interesting. You have a million questions for everyone. You want to be the best. And for me, I wanted to be the best lawyer and leader I could be.

Right now I’m a corporate and tax lawyer, buying and selling companies, structuring investments and having the occasional battle with the ATO.

STAY TRUE.

So, a little while after I started at Clayton Utz, I joined the social committee. A powerful assembly fuelled by lunchtime pizzawielding lawyers making important decisions like choosing the Christmas party theme. They knew I liked pizza, but had no idea I was gay. You see, I wasn’t out at work yet and this became a genuine source of anxiety for a good two years.

But In May 2015 this all changed...

To listen to Luke’s full story, go to: claytonutz.com/graduates Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.

CLERKSHIP PROGRAM If you’re a law student in your penultimate year, our Clerkship Programs will expose you to the fast pace of a full-service commercial law firm and show you the law in action.

You’ll be working under the guidance of some of the sharpest legal minds in Australia, on challenging, complex and high-profile transactions and matters. You’ll be mentored by partners and lawyers who are leaders in their fields, in a firm where individuality is embraced and innovation actively encouraged.

GRADUATE PROGRAM It’s not just about wearing a suit.

There’s always a gap between theory and practice, and post-university prospects can be daunting. How do you make the leap to working in the industry?

That’s where we come in.

Once you’ve completed your studies, our national Graduate Program gives you the perfect foundation for your legal career. Our 2.5 week orientation program is designed to ensure that you’ll hit the ground running. It consists of PLT+, local training and a national orientation week in Sydney.

Our rotations will help you discover different areas and find the right fit. From day one you’ll be working on complex and sophisticated legal issues, and with our innovative learning and development approach, you’ll get the support to become the best you can be.

You’ll get…

• Three rotations of six months in our national practice groups • continuing legal education programs and professional development support • mentoring from some of the best lawyers in the country • a buddy who’ll give you the inside information

• the chance to participate in our Community Connect and Pro Bono programs and really give back

• meaningful performance feedback so you know you’re on • social and sporting activities, because we know it’s not the right track all work and no play.

We hire most of our Graduates from our Clerkship Programs. Occasionally, additional opportunities may arise. These opportunities will be listed on our website.

think differently/thinkKWM At KWM we believe in a culture of collaboration.

Grow as an individual, succeed as a team.

That’s The Power of Together.

careers.kwm.com/en/graduates-australia

As an elite international law firm headquartered in Asia, we are reshaping the legal market by challenging our people and our clients to think differently about what a law firm can be today, tomorrow and beyond.

We thrive on exceeding the expectations of our clients, and as such the world’s leading organisations turn to us to unlock their biggest opportunities and deliver solutions to their most vexing challenges.

With ambitious thinking and innovation in our DNA, we partner with our clients to bring to life pioneering solutions which will help them to adapt, reinvent and grow. We believe innovation comes from giving our people room to grow, and as such actively encourage input and ideas from all levels of the firm.

Our people are encouraged to think differently and shape their own career path, supported at every step of the way, with world-class training, coaching and hands-on experience. There is no ‘one size fits all’ career model, and we offer multiple opportunities for our lawyers to gain experience and thrive.

At King & Wood Mallesons we provide you with the opportunities to reimagine a career in law to become what you want to be. Are you ready?

KEY STATISTICS: • Most Popular Overall Law Employer in the 2018 AFR Top 100 Graduate Employers Rankings • One of the Top 100 Graduate Employers in GradAustralia’s 2018 Student Survey • Top 15 global brand* • 27 international offices; • One of the largest international legal networks in the Asia region with 500+ partners and more than 2000 lawyers; • Our clients range from a mix of global financial and corporate powerhouses through to new industry-makers and all levels of government • With an unmatched ability to practise Chinese, Hong Kong, Australian, English, US and a significant range of European laws under one integrated legal brand, we are connecting Asia to the world, and the world to Asia. *Source: 2018 Acritas Global Elite Law Firm Brand Index

REGIONAL PRESENCE

Graduate Program

The King & Wood Mallesons network extends across the following regions:

We offer a unique training experience with multiple rotations and a bespoke comprehensive learning and development program for our graduates. We invest heavily in development to support graduates in fulfilling their potential.

• Asia Pacific (Australia, Mainland China including Hong Kong, Japan, Singapore) • Europe • Middle East • North America

OUR PROGRAMS Seasonal Clerkship Program Applications open: 11 June 2019 Applications close: 7 July 2019 How to apply: Via our online application system kwm.com/careers Our clerkships give you a clear picture of what it’s like to be a lawyer at King & Wood Mallesons. You’ll get to know our people, the way we like to work, our culture, practice areas, clients and more.

During your clerkship, you’ll learn: • The day-to-day skills to get you started – taking instructions, meeting with clients, drafting memos/documents, managing your practice and professional relationships.

• Our core practice teams – who they are, what they do, how they’re structured, the clients they work for, and of course, your role within them.

• Our culture – you’ll be exposed to (and encouraged) to get actively involved in the many activities and events that define KWM. • Our people – you’ll find that people from every part of the business will help you by sharing their knowledge and ensuring you have everything you need to succeed.

What you’ll learn The program provides a practical business foundation for junior lawyers. You’ll receive: • Meaningful work covering a wide range of practice areas • Client contact and an in-depth understanding of how they operate in a commercial and regulatory environment • The opportunity to work as part of a team with a range of partners, senior associates and solicitors in different practice groups • A practical understanding of areas of our legal practice • A comprehensive knowledge of the firm, our technology, our resources, our processes and, of course, the people you’ll work with.

As part of the Graduate Program, we also offer a Practical Legal Training (PLT) course with the College of Law to our Australian Law graduates, ensuring that you meet the requirements for admission to legal practice.

The program also promotes and supports the mobility of our staff across our offices by giving you the opportunity to apply to go on exchange in one of our interstate or overseas offices.

Through this, you are able to access a greater choice and variety of destinations and on-thejob experience.

Your role Clerks usually work in one or two different practice groups, depending on the length of the clerkship.

You’ll be allocated a supervisor in each of your practice groups and you’ll work closely with the partners, senior associates and solicitors in that team. It’s a hands-on role, so you won’t just be watching from the sidelines.

Our people are encouraged to get involved in the many social and sporting activities that go on in the firm as well as the broader community.

BONNIE ROBINSON People & Development Coordinator, Canberra T +61 2 6217 6751 bonnie.robinson@au.kwm.com

The game has changed.

Be part of it.

The world is being disrupted and market demands are changing.

The next generation of graduates will transform the future of legal services – we can give you the skills you need to do it well.

We are global leaders

Your success is our success

MinterEllison is a prestigious, international law firm, headquartered in Australia. As one of AsiaPacific’s leading firms, we’re borderless. We have the best people, working on the best matters, regardless of location. Our multidisciplinary and industry-facing lawyers collaborate closely across our offices in Australia, New Zealand, Asia and the UK. Our independence means we can adapt in parallel with our clients and market demand.

In fact, we often lead the way.

Which is why we celebrate and invest in our people. We consistently have a record number of promotions, and last year, won the award for ‘Best Learning & Development Program’ at the Australian HR Awards. We’re committed to helping our people achieve their best. And our development programs and initiatives are second to none.

With MinterEllison, you can be a global leader too. You’ll have the opportunity to work with renowned lawyers and experts from around the world. And to build remarkable solutions that go beyond one region’s laws and grasp the global picture. Essentially, you can be as agile, innovative and creative as we are.

We support you to succeed Our award-winning Clerk and Graduate Programs ensure a supportive and highly engaging experience to provide you with the best career start. Be assured that you will become a wellrounded lawyer; developing excellent technical and business skills; and collaborating with a highly reputable legal network.

We’re always working to open more doors for you. Recently, we restructured our organisation to make it even easier to collaborate across all our offices and access an international network of brilliant legal thinkers. Our structure also offers new career paths, allowing you to seamlessly work across multiple practice areas.

Contact Refer to website Number of positions available: >100 clerks Opening and closing date: Refer to website Method of application: graduates.minterellison.com

Our graduates accelerate their legal and business acumen through exposure to our partners, lawyers and professionals in our collaborative and innovative work environment. You will have the opportunity to rotate across different practice areas, and be exposed to inspiring and challenging transactional, advisory and litigation work.

MinterEllison Virtual Internship Want to experience a true-to-life day of a MinterEllison lawyer? Our interactive virtual internship offers you an insight into the commercial work we undertake here at MinterEllison. Curious?

graduates.minterellison.com

I chose MinterEllison because of its emphasis on learning. There is a strong culture of knowledge-sharing and mentorship, which is particularly important for young lawyers. I find the people here are warm, knowledgeable and eager to teach.�

Ann Wen Vacation Clerk

The world is full of relentless disruption.

Now is the time to reimagine the future as we know it.

The next generation of graduates will mark a change in closing the gap between who we are today and where we are headed to better meet market demands. More than ever, we need creative thinkers, innovators and agents of change.

The game has changed.

Be part of it.

graduates.minterellison.com

THERE’S MORE

Not all corporate law firms are the same.

A clerkship with Gilbert + Tobin is your chance to see if you’ll thrive here. To test yourself with meaningful work from day one. To learn skills and concepts beyond the legal scope. To be integral to an organisation that’s challenging the very way legal services are delivered.

If you want to be part of something different then G+T is the place for you.

TOP 100

GRADUATE EMPLOYERS 2019

gtlaw.com.au/theresmore

We're looking for those who see things differently, the kind of people who bring new ideas and create innovative opportunities for our clients.

EVERYTHING ABOUT US With over 20 offices spanning Asia, Europe, Australasia, and the Middle east, we can show you exactly what a world class law firm has to offer, giving you the chance to work as part of an international team, on high-profile matters, for some of the most significant organisations in the market.

Our focus is on the future: the future needs of existing and new clients, the future of the legal profession and investing in our future lawyers.

That’s why we aim to attract the best talent from a broad range of backgrounds, ensuring we are optimising our position as a progressive, forward thinking professional services business. At Herbert Smith Freehills, you’ll be given the opportunity to develop the skills you need to help solve our clients’ most complex challenges in thoughtful and innovative ways.

WHAT WE LOOK FOR

Great lawyers are both curious and creative. We encourage you to challenge assumptions and open yourself up to new ideas. It’s this growth mindset that creates opportunities for you and your clients.

So, what exactly are we looking for?

There’s no single path to becoming an exceptional commercial lawyer. We look beyond your academic record and your technical aptitude.

We’re focussed on finding people who have the curiosity to explore all the angles and the empathy to place themselves in their client’s shoes. Building great relationships takes a certain understanding and as our global village gets ever smaller, we look for graduates who think of themselves as citizens of the world.

HERBERTSMITHFREEHILLS.COM

CLERKSHIP PROGRAM

There’s nothing more important than finding a role and an organisation that’s right for you and there’s no better way to really get to know our profession than gaining practical, hands-on experience.

Our vacation clerkships will immerse you in our business, networks and the international world of law. We encourage students to participate in our vacation clerkship program and we fill the majority of our graduate positions through this program.

As a vacation clerk you’ll truly discover what it’s like to work at Herbert Smith Freehills, working alongside lawyers and partners. We’ll support you throughout your time with us with extensive training, touching on all aspects of the firm. We’ll also invite you to an exciting range of workshops and events, giving you the opportunity to network with people across the firm and the diverse groups we engage with. This is your unique opportunity to show us who you are.

With us, you’ll be a part of everything. From the very start, you’ll be client-facing, gathering insights across diverse matters. You’ll be working in highlyspecialised teams, equipped with the resources you’d expect from a market leader.

JOINING US

We offer a range of summer and winter clerkships across our Australian offices. If you have queries about graduate or vacation clerk positions, please visit our website: careers.herbertsmithfreehills.com/au/grads/ vacation-clerkships or contact one of our graduate recruitment team.

KEY DATES/DEADLINES SYDNEY Approximate number of positions

30-40

Clerkship programs

Summer 2019/20

Applications for all 2019/20 programs open

11 June 2019

Applications for all 2019/20 programs close

14 July 2019

Offers made

18 September 2019

Please note: An application should only be submitted to the office where you intend to start your career as a graduate.

Multiple applications will not be considered.

Our global practice groups • Alternative Legal Services (ALT) • Competition, Regulation and Trade • Corporate • Dispute Resolution • Employment, Industrial Relations and Safety • Finance • Projects and Infrastructure • Real Estate

Contacts James Keane Graduate Recruitment Manager T +61 2 9322 4313 james.keane@hsf.com

© Herbert Smith Freehills 2019 NOF186936_v7_advertorial_A4_Sydney /160319

Complete your Practical Legal Training at Australia’s #1 university ANU Graduate Diploma of Legal Practice The ANU Graduate Diploma of Legal Practice (GDLP) is ideal for those who have completed a Bachelor of Laws or Juris Doctor and are seeking to be admitted as a legal practitioner in Australia and some other jurisdictions. > Start your Practical Legal Training with a 4-day intensive in Canberra, Sydney, Melbourne or Brisbane and complete the rest of the course online > Finish in as little as 6 months

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Activate your career.

The largest range of flexible Practical Legal Training programs, all purposedriven to ensure you have the best start to your career.

• Just 5 days face-to-face learning • Onsites held at the University of Canberra • Study full-time or part-time - online • Emphasis on task-based learning • Four start dates in Canberra in 2019

Con Pana

Lawyer, Federal Government of Australia Graduate of the Practical Legal Training program

Learn more at collaw.edu.au/PLT or call 1300 856 111

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How the ANU GDLP can supercharge your career Adam O’Brien (GDLP ’10) leads the public sector advisory practice of management consulting firm Grosvenor Performance Group. He oversees advisory projects with clients ranging from nationwide not-for-profits to Victorian Courts, with his work requiring him to employ masterful questioning and distil complex information into clear, readable reports.

When Adam enrolled in the Graduate Diploma of Legal Practice (GDLP) at ANU, he was immediately impressed by his teachers at the ANU School of Legal Practice and the broad skillset he unlocked through the GDLP. He credits much of his success in his career in management consulting to professional strengths instilled by the GDLP including clear communication and legal credibility.

Why did you study the GDLP? I knew I didn’t want to practice law as a full-time career. Part of my reasoning was I wanted to make sure I got the most out of my undergraduate education, so a GDLP was a way to build upon that foundation. Part of it was I felt that legal practice would be useful as a back-up career if management consulting wasn’t successful. Part of it was the pride that I suspected would accrue from being admitted to the Supreme Court. And, being totally honest, there was a “suggestion” from family that it would be a good thing to do!

What did you enjoy most about the program?

I actually started my practical legal training through another provider and stopped after completing the first unit because the quality of education just didn’t meet my expectations.

Part of me thought I shouldn’t bother continuing, but I’d made a commitment and wanted to see it through. From the first day I was impressed with the ANU program. The teachers were enthusiastic and engaging, there were multiple guest speakers brought in, and I could see value in every task, activity and assignment that was required.

WEB

legalpractice.anu.edu.au/gdlp EMAIL

enquiries.law@anu.edu.au

How did the GDLP prepare for success in your current role?

Countless ways. I do a lot of advisory projects with the Victorian Courts, and being admitted has been very helpful to building credibility amongst the judiciary. In terms of skill sets, there are two which I regularly credit to the GDLP. The first is the art of asking good questions; there is a science to crafting a good question and I remember lots of practical activities we undertook to refine our approach to questioning during my time at ANU. The second is plain English drafting; not just in writing clearly, but in the skills it requires, particularly in quickly getting across lots of complex information and distilling it into more simple, clearly understood concepts and language.

What are some of the advantages ANU offers delivering the program?

The guest speakers were really fantastic, however the flexibility was what I most valued. This included on-campus and online delivery, but also in regard to a flexible approach to the practical legal training component. I had the opportunity to visit two remote Aboriginal communities as part of an outreach program run by the Central Land Council, as well as multiple drop-in advice nights for local community members to seek free legal advice. It was really a stand-out experience during my time at ANU.

What benefits does the GDLP offer students who may not aspire to be legal practitioners?

Being admitted does bring with it some immediate credibility in many respects, which can help to differentiate you when applying for different jobs. In my case, being admitted has helped me add extra value to my workplace by being able to take on a small in-house advisory role alongside my consulting work.

However, ultimately it’s the diversity of skills and capabilities you develop which can be applied in so many contexts that provides a real return on investment. The practical exercises help to build confidence in presenting and advocating for your ideas. I also just can’t underestimate how helpful plain-English drafting has been in writing compelling, convincing reports.

PHONE

+61 2 6125 3483 FACEBOOK

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@ANUGDLP LINKEDIN

linkedin.com/in/anu-slp