2022 Competitions Guide

Competitions Guide 2022 AUSTRALIAN NATIONAL UNIVERSITY LAW STUDENTS’ SOCIETY

Acknowledgement of Country We pay our respect to the Ngunnawal-Ngambri custodians of the land on which the Australian National University Law Students’ Society operates. The ANU LSS acknowledges and celebrates the elders past, present, and emerging.

Editor’s Note The Competitions Portfolio Competitions Timetable Which Competition is for Me? Mooting

Director’s Note

Advice from the Champions

Judge’s Perspective: What Makes a Good Moot?

Sample Submission

3 4 5 6 7 8 9

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Client Interview

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Negotiations

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Witness Examination

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External Competitions

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Director’s Note Advice from the Champions Director’s Note Advice from the Champions From Across the Bench: Advice from the Runners Up Director’s Note Advice from the Champion Director’s Note Opportunities at External Competitions Attending ALSA’s 2022 Meanjin Conference ALSA Championship Moot ALSA Paper Presentation Competition

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Premier Sponsor Firm Materials

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Major Sponsor Firm Materials

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Ashurst Clayton Utz

Clifford Chance Corrs Chambers Westgarth Gilbert and Tobin Herbert Smith Freehills Jones Day King & Wood Mallesons Leo Cussen Maddocks MinterEllison

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C O N T E N T S

Australian National University Law Students’ Society

Editor’s Note It is my sincerest pleasure to welcome you to the 2022 Competitions Guide! Whether you’re a competitions veteran or just starting out, the Competitions Guide will be an indispensable handbook for navigating your competitions journey.

Before I proceed further, I would like to thank everyone who has been involved in the creation of the 2022 Competitions Guide. Without their time, hard work, and contributions, it simply would not have been possible to put this guide together. On behalf of the ANU Law Students’ Society, I would also like to extend my most sincere gratitude to our valued sponsors for their immense and ongoing support.

If you’re new to competitions, you may have a great deal of questions: What legal competitions are on offer? Is it worth my time? How can I finesse my advocacy skills? But rest assured, this guide will provide you with all the answers you need.

Our four internal competitions (Mooting, Client Interview, Negotiations, and Witness Examination) run weekly and are all designed to help you hone practical skills in a friendly environment that’s all about giving it a go. As someone who has benefitted immensely from ANU’s legal competitions, I honestly cannot encourage you strongly enough to get involved. It’s one thing to immerse yourself in law textbooks and participate in class discussions, but it’s another thing entirely to draft court submissions, argue a case in front of legal professionals, or interview and advise clients.

Engaging with law beyond the lecture theatre through competitions truly does develop your professional skills and confidence, not to mention it connects you with incredible friends who will be by your side for the rest of your uni life.

One of the most incredible opportunities unique to competitions is the potential for students to represent ANU interstate or internationally. Every

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year, the LSS sends competitors to countless external competitions, from the ALSA Conference in Brisbane, to the Baker McKenzie Women’s Moot in Sydney, to the Sir Harry Gibbs Constitutional Law Moot in Melbourne. This year, we even had a team represent the ANU in the International Negotiation Competition in Omaha, Nebraska.

Needless to say, developing your advocacy skills through competitions can take you on amazing adventures.

At this point, you might be feeling overwhelmed by the dizzying array of opportunities on offer, and understandably so. Competitions can feel daunting at times, but it is my hope that this guide will provide you with all the information you need to get started on your Competitions journey. Get ready to prepare your pink Elle Woods suit, slick back your Harvey Spencer haircut, and strut your inner Annalise Keating to the jury box.

Finally, I would like to thank the Competitions Team: Jonno Shiel-Dick, Lachie Macfarlan, Lilli Black, Olivia Milne, Sarah Hutchinson, andSejay Segal, and Bita Mahani. Their commitment every week ensures that competitions run seamlessly at the ANU. I would also like to extend my thanks to all of the judges and coaches who generously volunteer their time, as well as to Emily Austin for helping to design, create, and edit this guide.

Please do not hesitate to contact me should you have any questions, queries or concerns relating to competitions at: lsscompetitions@anu.edu.au.

Katherine Flint Vice PresidentCompetitions

Competitions Guide 2022

The Competitions Portfolio

Who are we?

The competitions portfolio is the largest team in the LSS consisting of: one Vice-President (Competitions), five Competitions Directors, and one External Competitions Director. If you have any general enquiries about competitions, please direct them to the Vice-President (Competitions).

Once you are involved in a specific competition, any questions or concerns arising in that competition are best directed to the relevant director. Our contact details can be found below.

Vice-President (Competitions) Katherine Flint: lsscompetitions@anu.edu.au Mooting Directors Lachie Macfarlan and Olivia Milne: lssmooting@ anu.edu.au Client Interview Director Lilli Black: lssinterview@anu.edu.au Negotiation Director Sarah Hutchinson: lssnegotiation@anu.edu.au Witness Examination Director Sejay Segal: lsswitex@anu.edu.au External Competitions Director Jonno Shiel-Dick: lssexternalcompetitions@anu. edu.au

consist of Mooting, Negotiations, Client Interview, and Witness Examination. We offer both Novice and Senior levels, with the former tailored to students who have no prior experience in a particular competition before. Novice competitions are held in Semester Two. 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 in the right direction.

How can you get involved in the LSS competitions portfolio?

If you have a keen interest in competitions, we strongly encourage you to run for a position in the competitions portfolio through annual elections held in October. Joining the LSS and Competitions provides you with the opportunity to meet some fantastic judges and practitioners in the field of law, as well as an avenue to meet like-minded law students at ANU.

What do we do?

Our role is to provide law students at ANU with opportunities to expand their interests in the law beyond the tutorial room and lecture theatre into the practical sides of the law, whether this be experiencing a simulated scenario where teams undertake negotiations 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 smoothrunning competition that spans five weeks including three preliminary rounds, a semi-final, and grand final round. Our internal competitions

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Australian National University Law Students’ Society

Competitions Timetable

WHEN TO GET INVOLVED IN COMPETITIONS IN SEMESTER 2, 2022

Date

Competitions

Week 1

Novice Competitions Signups Open

Week 2

Novice Competitions Launch BBQ

Competitions Workshops Week 3

Women in Law: Mooting Masterclass with Chief Justice Lucy McCallum of the ACT Supreme Court Novice Competitions Signups Close Preliminary Rounds: Mooting - Monday

Week 4-6

Negotiations - Tuesday Client Interview - Wednesday Witness Examination - Friday

Week 7

Makeup Rounds Semi Finals

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Week 8

Mooting Masterclass with Justice Tom Gray, former Judge of the Supreme Court of South Australia

Week 10

Grand Finals

Competitions Guide 2022

What Competition is for Me? With a vast array of competitions on offer, picking the right one may seem like an intimidating (but hopefully exciting) task! We’ve compiled the most important need-to-know information about each competition here to guide you in finding the perfect competition for you. Although competitions are incredibly rewarding, we strongly suggest only participating in one competition per semester, so you don’t end up with too much on your plate.

Ashurst Mooting What is 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. The question and draw are released a week prior to the first round and each moot typically runs for approximately one and a half hours.

Teams of: 2 or 3 Time Commitment: High

Corrs Chambers Westgarth Client Interview What is Client Interview?

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 through relevant and precise questions. Teams consist of two students acting as solicitors. A new question/ legal brief will be sent to students every week. To conclude the interview, competitors must summarise the gathered information, give advice and come to a conclusion. Once the client has left the room, the team explains their strategy to the judges and reflects on what went well in the interview. Each round lasts forty-five minutes.

Teams of: 2 Time Commitment: Low

Leo Cussen Negotiation

Hugo Law Group Witness Examination

What is Negotiation?

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. In teams of two students acting as solicitors, competitors strive to achieve an outcome that satisfies the best interests of their respective parties. The negotiation sessions last for 40 minutes, after which teams will each have a short reflective period where they can discuss their performance and take questions from the judge. This reflection period is also assessed.

Teams of: 2 Time Commitment: Moderate-Low

What is Witness Examination?

Witness Examination is a mock trial in which each competitor examines their own witness and cross-examines their opponent’s witness, trying to adduce facts that are favourable to their case.

Problems are generally based in criminal or tort law, and are released one hour before the trial begins. Familiarity with the rules of evidence is recommended but not essential. 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. Each round will last around ninety minutes, with competitors acting for the Prosecution or Defence.

Teams of: 1 Time Commitment: Low

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Mooting

SPONSORED BY ASHURST

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Competitions Guide 2022

Director’s Note Why did you get involved with competitions?

Olivia: For me, the decision to join competitions

was simple. As former competitors in the 2021 Novice Mooting Competition, I felt that my insights and experience would be invaluable to the management and organisation of the 2022 competitions. In particular, I felt a passion for ensuring that competitors gained detailed feedback that not only improved their mooting capabilities but enhanced the critical and analytical skills so essential to studying law at ANU. On a more personal level, I also joined competitions as a chance to foster connections, and develop the interpersonal, decision making, and leadership skills so intrinsically linked to collaboration and professional responsibility.

What has been the highlight of the mooting calendar so far this year?

Olivia: Without hesitation, the highlight of the

2022 Mooting Calendar was the Senior Mooting Finals. Hosting the event at the beautiful Ashurst offices in the city centre was the perfect way to give recognition to the dedication and commitment of our finalist teams.

Even more exciting however, was the appearance of ACT Chief Justice Lucy McCallum, who judged the competition. Her feedback was unmatched in its ability to provide our competitors with constructive criticism that will only enable them to further improve, whilst her countless remarks on the impressive aptitude of our competitors was a welcome encouragement that they will cherish well into their careers. I’m sure we can speak on behalf of all competitors, LSS members and guests when we say that we were nothing short of in awe seeing Her Honour in action!

involved this term! Aside from the Ashurst Junior Mooting Competition, we’ve got some incredible learning opportunities with some of Australia’s best legal minds. I’m particularly excited for our upcoming mooting masterclasses with ACT Chief Justice McCallum and former justice of the South Australian Supreme Court Justice Gray. With their expertise in the profession, we’re very lucky to have such amazing lawyers come and talk to us this term and I’m really looking forward to it!

What is the best way to get involved with mooting?

Lachie: Mooting is open to any law students and in

term 3, we’re running the Ashurst Junior Mooting Competition which is an amazing opportunity for first-time mooters to get a taste of mooting, and what appearing in court before a judge is really like. One of the best parts of this competition is that there is no skill threshold to signing up - don’t worry if you’ve not a star debater - it’s a super welcoming environment for beginners to put your legal skills into practice. So whether you’re a firstyear student or just new to mooting, there’s no harm in giving the competition a go!

Even if you’re not keen to dive straight into a competition, spectators are welcome to any and all moots (Law Building on Monday nights) and there will be masterclasses with top judges to help any beginners understand exactly how mooting works. So come along to any of our events this term - we’d love to see you there speaking, watching or even being mentored!

What are you looking forward to in the second half of the mooting year?

Lachie: After an amazing start to the year with the Ashurst Senior Mooting Competition, we’re really excited to get some first-time mooters

Lachie Macfarlan and Olivia Milne Mooting Directors

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Australian National University Law Students’ Society

Advice from the Champions Hi all, We’re team one, the winners of the 2022 ANU Senior Moot. Bas is a third-year studying Arts/ Law. Henry is a third-year studying PPE/Law. Joe is a third-year studying Arts/Law. Bas, Henry and Joe were friends before third-year and mooting, but have since become learned friends.

Us three decided to moot together for a complex of not-uncommon reasons: we have no meaningful hobbies; we enjoy rifling through Westlaw and LexisAdvance; and, like all members of the legal profession, we fetishise gruelling intellectual challenges because we feel they’re part and parcel of working in and around the law.

If you can’t relate to any of the above reasons, fear not - none of us would confess that’s why we started mooting (except maybe Joe). What you’d hear instead, which is certainly a good reason to get into mooting, is because it’s a fantastic opportunity to hone legal skills that include critical thinking, legal reasoning and argumentation, oral persuasion and written precision. You become a more confident speaker and more effective at articulating your point of view, whatever the situation. We can confidently say that mooting may make you a better law student, as we saw better marks across the board after getting involved (except maybe Bas).

While we would not profess to be ‘mooting experts’ (except maybe Henry), we offer you, dear reader, a six-limbed approach to becoming a better mooter: 1. Do not underestimate the time it takes to prepare for a moot. The mooting problem, or your opponent’s submissions, may take many hours to digest and process. Even as a team of

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three, we often found ourselves working up to the eleventh hour (for example, when Bas was running us through his written submissions via Zoom on the Sunday afternoon Murray’s Bus). As a rough time estimate, you’d want to be setting aside 5-10 hours a week to prepare for a moot.

While university life can be hectic and seem like a juggling act of various commitments, mooting is not one that can be set down while the competition is running.

2. Familiarise yourself with the formalities of a moot. For written submissions, this means having well-spaced, paragraph-style submissions that the Judge can easily follow (see, for example, the written submission filed in the High Court and available on the Court’s website). For oral submissions, this includes your language (we submit, not we think; our learned friends, not the opponent; with respect, not listen here, imbecile [although use this phrase sparingly]) and manner: oral submissions should feel like a conversation with the Judge rather than an inflated lecture at the Judge. Forget what you learnt in High School debating.

Competitions Guide 2022

3. Consensus amongst the team-members. It is crucial you and your teammates have the same expectations. Mooting can be stressful (n 1), so it’s important to not fight as a team. Not once did a member of our team suggest we were training too much, as we were all on the same page about the level of commitment we expected from one another. Further, discussions about who should speak on what side, and in each round, were always handled bona fide.

4. Ensure that your written submissions are well-written and compliant with the AGLC. This is the first thing the Judge sees from your team, and will have a significant bearing on their opinion of your competence going into the moot.

You might not expect it, but Judges look for it.

5. Don’t take things too seriously! Mooting can throw some real curveballs at you, so it’s important not to agonise over imperfections that you can’t change. You may have spent hours

crafting a submission on a point that their Honour deems uncontentious or inconsequential - the best thing you can do in this case is to be flexible and responsive to the Judge. The best thing you can do is listen to the Judge, and follow the line of questioning that their Honour proposes. Be proposed to divert entirely from your written submissions – this is where moots are won and lost. More broadly, try to enjoy the mooting process with your team. We shared a lot of laughs along the way that certainly made the more arduous parts of the procedure less sufferable.

6. Avoid legalese (see Kirby’s 10 Commandments for Plain Language).

We hope that you find ANU mooting as fun as we have, and we trust that you’ll seriously consider giving the competition a crack!

-Bas Braham, Henry Palmerlee and Joe Negrine

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Australian National University Law Students’ Society

Judge’s Perspective: What Makes a Good Moot?

What can competitors get out of the competition?

There are a range of useful skills competitors can get out of the competition. These include getting out of your comfort zone, getting a feel for what it would be like to appear in a Court or Tribunal, understanding how to work effectively with your team members and learning how to address questions and think on your feet. It is also a great way to test your knowledge and skills about what it takes to be advocate and to see if it is something you might want to pursue later on in your legal career.

What makes a good set of written submissions?

I think a good set of written submissions are structured logically where arguments follow each other. They are easy to read because they use little legal jargon and are written in plain English using an active tone. They synthesise the legislation, case law and the facts in a way that is clear, succinct and easy to follow without losing the reader’s attention. Puts their strongest argument first and is able to critically engage with the law and the facts. Most of all, the reasoning is where the persuasion happens, this comes with critically thinking about the law and the facts to try and weave an argument that your submissions should be preferred.

What do judges presentation?

look

for

Any other tips you would like to impart?

Play to the matter’s strengths. If your case is weak on the law, think very critically about the facts.

Competitors tend to have a large focus on the legislation and cases and don’t always assess the facts. It is always important to do that but more so if your case isn’t very strong on the law. Be mindful of your body language because it can have a big impact on how persuasive you are.

Prepare in front of the mirror or have one of your team members video you and watch it to assess your body language. Most of all, have fun during the competitions – it’s a great way to get to know others, build new friendships and develop your skills in a range of areas.

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In addition to the scoring criteria some additional things judges look for are whether competitors have prepared well. It is easy to differentiate those

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who have and have not prepared well because it is very obvious in the way in which they present.

Someone who can engage with the questions that are asked and give clear and direct answers.

This often comes with anticipating what questions might be asked and preparing for how to address those. Finally, someone who is confident in the way they appear and present always helps drive their presentation.

Aasish Ponna Ashurst Lawyer and Mooting Judge

Sample Submission Example of a Written Submission for use in a Moot

IN THE NEW SOUTH WALES SUPREME COURT BETWEEN

TEAM X

HESTON PRESTON (Appellant) and BENNY MARTIN (Respondent)

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

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

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

The 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, 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.

[Subsequent submissions will follow the same format as Submission One] (C) APPELLANT’S LIST OF AUTHORITIES Articles / Books / Reports Cases Legislation

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Client Interview

SPONSORED BY CORRS CHAMBERS WESTGARTH

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Competitions Guide 2022

Director’s Note

Hi there! I’m Lilli, the 2022 Competitions Director for Client Interview!

Why did you get involved with competitions?

I became involved in the competitions portfolio after having such an amazing experience in the 2021 Novice Mooting competition! I had such a great time with my team, and learnt so much about the law and litigation, far beyond the course outlines. Everyone involved in comps was so friendly and I figured why not give it a go. I joined the LSS committee because I wanted to meet people beyond my immediate circle and cohort, and I’m so thankful that I did! The friendships I’ve made through the LSS and competitions have been so enriching and it’s been empowering being surrounded by such passionate and driven law students - definitely makes the basement Chifley late night study sessions worth it.

What has been the highlight of the client interview calendar so far this year?

Definitely the Grand Final in Sydney! Corrs Chambers Westgarth kindly offered to host the final in their offices so the finalists, myself and Katherine (VP Competitions) made our way to Sydney and we all had such a great time - we were well looked after by Corrs and all the judges were so lovely. We also went to a celebratory dinner afterwards which was lots of fun and a great opportunity to get to know the finalists a bit more outside of the confines of the competition rounds.

I also really enjoyed every round at the ANU, meeting with the competitors, judges and clients.

Each week’s client and scenario was incredibly entertaining and I know that the clients had a ball acting in character.

good conversation, definitely come. The BBQ is also a way to find a teammate for the upcoming comps if you don’t have one yet. Then we also have our Novice Competition this semester, which is for those who havent competed in a client interview competition before (from any year group, not just first years!). If you’re interested, keep an eye on the LSS page after the BBQ launch. Plus, another Sydney trip for the finalists may be in the cards…

Also, for senior competitors, the 2022 SULS Multilateral Client Interviewing Competition will be happening in October! The competition is a chance to compete against other universities and prove that ANU Law students are the best and brightest - and have superior interview skills.

What is the best way to get involved with client interview?

I would say that the best way to get involved is to just sign-up and give it a try! Client interview is one of those skills that you develop through practice, so even if you are a bit unsure, you may end up liking it. It is a medium to low commitment competition, and there isn’t much pre-round preparation to do, so it’s great for those of you who are seriously over-committed, don’t worry I understand the struggle. However, if you don’t want to commit to 3 rounds of competition as the interviewer, you can always sign up to be a client! This is suited to anyone who can read a script and had dreams of becoming a famous actor or Broadway star… No need to have any professional drama experience, as the fun is in simply portraying the clients and their legal issues. We’ve had a range of clients, from Barney Stinson to a scuba-diving instructor with some shark issues, so you’ll never be bored with the client you receive.

What are you looking forward to in the second half of the year?

So many exciting opportunities and experiences are available to those interested in client interview in semester 2! In Week 2, we have our competitions launch BBQ, so if you like food and

Lilli Black- Client Interview Director

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Australian National University Law Students’ Society

Advice from the Champions Join Client Interview!

3 Top Tips for Success

Want to master interpersonal skills critical to your legal career? Join client interview!

This is a competition of enormous practical importance in which you will learn how to create a rapport with your client, use targeted questions to piece together the real story, resolve ethical issues, and provide preliminary legal advice.

1. Keep an open mind. In this competition, the prompts are brief, vague, and may throw you off course entirely. It is important that you stay positive, keep an open mind, and learn to adapt so that you can perform well during the interview.

Moreover, since your team is assessed solely on your own performance, it is critical that you seek feedback from your judge to help you to improve for your next round.

Who are you and what are you studying?

We are Bria Larkspur and Kavina Kalaichelvam – third year law students and partners for the client interview competition for 2022. We had a wonderful experience in the LSS Senior Client Interview competition sponsored by Corrs Chambers Westgarth. We would like to thank Lilli Black, Katherine Flint, and the team at the LSS for their extraordinary efforts in organising the competition. A special thank you to Corrs for sponsoring the competition and hosting the finals at their Sydney firm. We are thrilled to be representing ANU at the national finals hosted by the Australian Law Students Association (ALSA) later this year.

Why did you get involved in client interview?

We chose client interview because we wanted the opportunity to practice interpersonal skills that are highly relevant to our legal careers yet not taught in conventional classrooms. Client interview surpassed our expectations as a fast-paced competition that hones critical legal thinking skills and efficient yet empathetic communication alike.

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2. Active listening. First, it is imperative that your client has your undivided attention. Practice active listening by paying attention not only to what your client says, but how they say it. If your client hesitates, that opens the window for further questioning in which you may unearth key information. Second, listen to your partner. This goes for the planning and performance stages.

Teamwork is assessed in part by your ability to bounce off one another in the interview. This can only be achieved by practicing with your partner beforehand and by actively listening to your partner during the interview so that you can effortlessly build on or segue into a line of questioning.

3. Effective communication. Your client needs to be assured that they are in a safe, nonjudgemental space where they can share their story. Consequently, you must work to maintain open, honest, and respectful communication between all parties throughout the interview.

Moreover, developing constructive and respectful communication between you and your partner, both inside and outside the client interview room, is crucial to teambuilding and improved performance.

Competitions Guide 2022

What do you wish you knew when you were first starting out?

Client interview is less about knowledge of the exact law that pertains to your client’s case and more about managing the clients’ expectations and providing them with concrete steps moving forward. In your preparation, we recommend that you divvy up thematic questions and familiarise yourself with the legal and non-legal avenues – such as alternative dispute resolution (ADR) – that the client can pursue. Don’t be afraid to outline any additional information that the client can assist with such as sourcing any relevant contracts, medical reports, or security footage. This gives your client some certainty and concrete steps moving forward.

We wish you the best of luck in the client interview competition!

-Bria Larkspur and Kavina Kalaichelvam

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Negotiations SPONSORED BY LEO CUSSEN

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Competitions Guide 2022

Director’s Note Hey everyone! My name is Sarah and I am in my third year of an Arts/Law degree.

Why did you get involved with competitions?

I got involved as a Competitions Director because I was asked to help out, as the elected Negotiations Director unfortunately had to drop out. However, it turned out to be an amazing opportunity for me! I had been looking for ways to get more involved in the LSS and the law school, so when this position fell into my lap, I had to take it!

I hadn’t previously been super involved at uni, because COVID made it a bit difficult for me, and I didn’t go to college as I lived in Canberra before coming to ANU. So, joining the LSS Committee was a fantastic way for me to expand my uni experiences. While I already had a good base of friends that did law with me, joining the LSS meant that I had a great opportunity to meet people that I normally wouldn’t have!

While I haven’t taken part in a competition yet, I plan on doing so soon! I’ve been inspired watching the amazing Negotiations teams!

What has been the highlight of the negotiations calendar so far this year?

My highlight of the negotiations calendar has been the grand final of the Senior Negotiations Competition. It was incredible watching two very evenly matched teams try to negotiate a resolution that upheld the goals of their respective clients, while also allowing for an open and productive discussion. Also, the preparation behind the scenes was really fun for me as well!

Additionally, being able to talk to judges about their experiences within the world of law has been really interesting and has given me insights into areas of law I wouldn’t normally have contacts in.

What are you looking forward to in the second half of the year?

I’m excited for a couple of events we have coming up for Negotiations in the second half of the year!

On Monday 1 August, we’ll be having a BBQ to launch LSS competitions. This will be a great opportunity to meet everyone that’s interested in competing in Negotiations!

Of course, the start of the Novice Negotiations competitions will be great to organise and be a part of!

I’m also looking forward to watching the winners of the Senior Negotiations competition take part in the ALSA conference. ALSA facilitates National Competitions between teams from different law schools around Australia. The winners of ALSA competitions go on to compete at the international finals. In fact, our team from last year (Henry Palmerlee and Bas Braham) just became world champions in the International Negotiation Competition in Nebraska! So, it’s a really incredible competition that can lead to even more amazing opportunities!

What is the best way to get involved with negotiations?

The easiest way to get involved with negotiations is just to send an email to myself or Katherine (our lovely Competitions Director and Vice President of the LSS). While Negotiations teams are made up of two people, if you want to get involved, but don’t have someone who wants to do it with you, we will always be able to help find someone to compete with you!

Sarah Hutchinson Negotiations Director

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Australian National University Law Students’ Society

Advice from the Champions

Who are you and what are you studying?

Hi! We’re Amy and Jonno, 2nd year law students.

Alongside law, Amy reads Security Studies, and Jonno reads Arts (Contemporary Europe).

Why did you negotiations?

get

involved

in

We got involved in negotiations mainly because it seemed like a great opportunity to do something a bit different from traditional academic work that would still be very relevant to law. The competition was very accessible as the LSS made learning about the comp and signing up a very simple process.

We had also heard from past competitors that the time commitment for negotiations depends on personal capacity, so we felt it could be fit quite comfortably into our schedules.

Top tips for success Planning In terms of planning, the most important aspect is to make sure you really understand the fact scenario, so reading over it a few times, taking notes, and discussing it is super helpful. We also found it useful to do question trees, considering what the possible responses would be to our questions, how we would respond, and what outcomes we could reach. A particular tip might be that the secret facts contain strengths and weakness for both sides. If you manage to work out your opponent’s weakness, you’ll be able to wield a stronger bargaining position. Discussing lots of possible outcomes while planning is super helpful, because it means you’re less likely to be thrown by things the other teams says in the actual negotiation. That being said, keep in mind that the negotiation almost never proceeds as you’d actually planned it out!

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Adapting and strategy Given that the negotiation itself rarely goes as you predict it to, it’s very important to adapt. Allow the conversation to take its natural course, rather than being a stickler for your own plan. However, still be clear on your time allocation, and try not to let the conversation go round in circles. We used circuit breakers, essentially changing the topic, to redirect when we felt the conversation was becoming unproductive.

Another important point is to decide your negotiating strategy before going into the negotiation. That means discussing how you will approach certain issues, and what you are and are not willing to make concessions on. This is also helpful for your reflection questions, as one of them is about strategy.

Competitions Guide 2022

Conducting yourself in the negotiation Once you’re in the negotiation, showing that you can conduct yourself well is very important.

While standing your ground is essential on some issues, ensure you always remain civil. Try not to treat your opponent as an unreasonable adversary, more as a potential collaborator with some competing interests. Equally important is your conduct towards your partner. The most important thing in a negotiation is teamwork, so be sure that you’re collaborating equally with your teammate all throughout the process.

What do you wish you knew when you were first starting out?

One thing we wish we knew when starting out is to do external research. There were parts of some of the fact scenarios that we really didn’t understand while reading through them, so researching those areas made it a lot easier. We also tried to write out agendas and memoranda of understanding in the lead up to the negotiation, and print them out to bring in. As we improved these, they helped us to keep the conversation structured and ensured that we kept track of everything we agreed upon.

Another tip is that it’s really helpful to approach a negotiation as a conversation rather than an argument. Lastly, be aware that no matter how much planning you do, chances are the negotiation won’t go according to your plan, so you just have to do your best!

-Amy Wade and Jonno Shiel-Dick

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Australian National University Law Students’ Society

From Across the Bench: Advice from the Runners’ Up Who are you and what are you studying?

We are two Juris Doctor students in our penultimate year of study at ANU.

Why did you negotiations?

get

involved

in

We got involved in negotiations because we saw it as an opportunity to gain practical skills in a fun and challenging environment. Negotiations gave us the opportunity to work effectively as a team to achieve a positive outcome for a client. Negotiations also tested many of our existing skills as well, including our interpersonal, communication, problem-solving, and critical thinking skills. Overall, this experience has helped us in our careers beyond ANU Law School.

What are your top tips for success?

1. Have fun: Preparing for each round was never time consuming or stressful. It can be a great way to come up with creative, new strategies and enjoy navigating strange scenarios each week.

2. Keep it simple: Not every detail will be as important as the rest – the best negotiations are well-structured and easy to follow.

3. Understand scoring: The scoring system is not just based on your outcome. Teamwork, flexibility, and reflection were all aspects that we had to work on over the course of the competition.

4. Listen: We both found that our worst performances can be traced back to not listening to what the other team was saying.

Despite all the effort you put into planning your strategies and tactics, you still need to listen and react in the negotiation.

5. Learn: Each negotiation will be different.

Some negotiations will suit a positional strategy, others will suit an interest-based

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strategy. Reflecting between rounds will let you know what worked and what didn’t.

What do you wish you knew when you were first starting out?

Negotiating is not always a zero-sum game. A script is useful when you first start out, but having a natural conversation often results in a better relationship with the other team and more active listening. You cannot predict everything, so let the negotiation flow naturally and simply guide the conversation towards your desired outcome.

The best negotiations we had felt like a natural conversion with the other team, often resulting in both of our teams getting a good outcome for our clients.

- Callum Florance and Marcelo Cabezas

Witness Examination SPONSORED BY HUGO LAW GROUP

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Australian National University Law Students’ Society

Director’s Note Why did you get involved with What are you looking forward to competitions? in the second half of the witness I became involved because I find running examination year? competitions very rewarding. I’m able to help law students actively improve hands-on skills which are not taught in classrooms, but I believe are equally as important in the legal profession. The Law Students’ Society also has a great culture of law students of many different backgrounds and ages. I’m really glad to have joined the society last semester because I’ve already met so many amazing people.

What has been the highlight of the witness examination calendar so far this year?

My highlight of the witness examination calendar so far was the grand final for the senior competition.

We all travelled to Hugo Law Group’s office who had kindly sponsored the competition. I chose a dramatic case for the final about a man who is charged with the murder of a woman he had previously dated. The woman was driving when his bullet went right through her windscreen, but the man claimed that he was a recreational shooter who was aiming for an animal and missed his shot. The prosecution won in the end!

In semester two of this year, I’m very excited for the junior witness examination competition.

This competition is perfect for students who are interested in witness examination, but haven’t had much practical experience. I’m expecting a high number of signups so I’m looking forward to organising it all soon.

What is the best way to get involved with witness examination?

You can be involved either as an examiner or a witness!

I would recommend competing as an examiner to any law student who is looking to build on their quick thinking and advocacy skills. From the beginning to the end of the competition, the progress that I’ve seen from some competitors has been night and day. I would also recommend being a witness to anyone! It’s a fun opportunity to act out being a witness in a crime and you don’t even have to be a law student.

Sejay Segal Witness Examination Director

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Competitions Guide 2022

Advice from the Champion Who are you and what are you studying?

My name is Tom Gilbert and I’m a fourth year law and commerce student at ANU. I participated in the novice witness examination competition in 2020, and the senior competition in 2021 and 2022.

Why did you got involved in witness examination?

I’ve always enjoyed public speaking and debating in school, so I thought witness examination would be a great opportunity to start to develop some advocacy skills and get a taste for what practicing law might be like. Doing witness examination is a great opportunity to develop practical skills to complement the things we learn in class, and also a lot of fun!

Top tips for success

What do you wish you knew when you were first starting out?

For my first few rounds, I didn’t pay a lot of attention when my opponent was examining their witness or cross-examining mine, as I thought this might be a chance to zone out and prepare some notes for my closing address. However, this was a big mistake as I would miss important testimony that impacted my case, and I also didn’t get a feel for my opponent’s case theory. For example, your opponent’s witness might give an answer that is inconsistent with a prior statement, or they might make a concession that you could use in your cross-examination - but if you’re not focusing you might miss it! Also, try and work out the main themes that your opponent is spending time questioning on so you can work out what you’ll need to focus on later.

-Tom Gilbert

Ask for feedback at the end of each round - the judges have all been great and are keen to give you advice on what you did well and what you can improve on next time - none of us are experts and the whole point of these competitions is to learn as much as you can!

Try and get your head around the most common objections - this can be tricky if you haven’t studied evidence yet (I still haven’t!), but try and learn the basic rules and don’t be afraid to make objections when you can.

Relax and enjoy it - witness examination can be quite a stressful competition as it’s very fastpaced and you have to think on your feet, but try and remember that you’re not expected to be as good as a silk, but rather you’re there to learn, practice, and have fun!

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External Competitions

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Competitions Guide 2022

Director’s Note

Why did you get involved with competitions?

I got involved in the LSS because I felt it would be a great way to contribute to ANU’s competitions programme, and to learn more about the landscape of legal competition across Australia. I competed in the novice mooting and negotiations competitions last year, and the senior negotiations this year, and I really enjoyed all of them. I found them to be a great way to practice law outside of assignments or timed exam conditions, and they helped me develop my analytical, communication and research skills a lot. Besides this, they’re good opportunities to make friends and have fun in a new context. Given my experience with such competitions, I wanted to help facilitate similarly enjoyable experiences for other students.

Joining the LSS comps team has fulfilled my interest in the university legal world while complementing my desire to contribute to ANU competitions. Working with ANU students in their pursuits at various competitions across Australia constantly impresses me. It has been a great learning experience to witness the talents of other students in such domains. I’ve also found that by engaging with other universities, academics, and legal professionals, my communication and organisation skills have improved significantly.

Aside all this, it has been excellent to get to know all the other LSS members, many of whom I can now call great friends.

What has been the highlight of the external competitions calendar so far this year?

Over the course of the first semester, ANU has competed in a few large tournaments to success! Some highlights have included one team making the Oxford Intellectual Property Law moot knockout rounds over in England, and our team currently competing against UNSW in the Australian Insurance Law Association moot. The main highlight, however, must be the Australian Law Student’s Association conference, which will take place in Brisbane in a week’s time. After having won the ANU internal competitions, our representatives will be going up against their

counterparts from all across the country. Working with these students, and the other unis, to organise a major conference and prepare for such tough competition has been a lot of work, but will no doubt pay off.

What are you looking forward to most in the second half of the year?

The second half of the year has some really interesting competitions that I have high hopes for ANU’s chances in. After the ALSA conference, we have the Baker Mckenzie Women’s Moot, the Harry Gibbs Constitutional Law Moot (which ANU won last year), the Michael Kirby Contract Law Moot, and many others. It is great to see the level of interest in these competitions. A particularly exciting prospect is the Ashurst Commercial Law Moot which will take place in August. Organising with and competing against Usyd, a lot of work has gone into this moot, so it will be exciting to see all the pieces come together.

What is the best way to get involved with external competitions?

The best way to get involved with external competitions is through the ANU Law Student’s Society Facebook page. There are tons of competitions throughout the year, and for each one a new registration form is created for students to apply through. By checking the page regularly, you may find a competition in your interest area, apply, and may then be selected for the event! Whether you’re new or experienced in competitions, I recommend doing the internal novice (in sem 2!) or senior competitions at ANU and chatting to former competitors as great ways to get involved. Feel free to contact myself or other LSS members to get involved too!

Jonno Shiel-Dick External Competitions Director

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Australian National University Law Students’ Society

Opportunities at External Competitions

External competitions allow students to travel, socialise, and compete with like-minded peers from other universities whilst being judged by high-profile legal experts. They are a great opportunity for students to learn and be exposed to different competitor and judging styles. As a result, the ANU Law Students’ Society highly encourages student participation in external competitions, and the ANU College of Law is keen to support competitors through coaching and other means. Registration for these competitions usually open one to two months before the competition is set to run, and will be advertised on our Facebook page.

Highlights of the external competitions calendar include:

AAT Moot The Administrative Appeals Tribunal (AAT) Moot is a national competition comprising five rounds at the state or territory level, and then one round at the national level. It focuses on merits review, so it is aimed at those who have completed and enjoyed Administrative Law. It takes place at the ACT Administrative Appeals Tribunal.

ANU Gender Identity + Sexuality Moot The ANU Gender Identity + Sexuality Moot ran for the first time in 2020 and was the first competition of its kind in Australia, offering students the opportunity to learn more about gender identity, sexuality, and the law. Last year, the Grand Final was judged by the Hon. Michael Kirby and the Hon. Justices Rachel Pepper and Melissa Perry.

In 2020, the Moot was accompanied by a panel where prominent legal professionals in this area were invited to share their knowledge and experiences, and was open to all students.

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Ashurst ANU-University of Sydney Commercial Law Moot The first Ashurst ANU-University of Sydney Commercial Law Moot ran in 2020.

This competition is based around a commercial law problem and brings our universities head to head in an exciting match-up featuring our best mooters.

Australia New Zealand Intervarsity Moot on Animal Law (ANIMAL) The Australia New Zealand Intervarsity Moot on Animal Law usually takes place at the University of Melbourne in September. This competition is hosted by the Animal Law Institute. As the only moot which focuses on animal law in Australia or New Zealand, it is great for students who are passionate about the subject area. The competition usually runs in mid September.

Competitions Guide 2022

Baker McKenzie National Women’s Moot

Castan Centre Human Rights Moot

The Baker McKenzie National Women’s Moot is an intervarsity competition for law students who identify as women, and was started in 2011 by the Sydney University Law Society alongside the NSW Young Lawyers Special Committee of Law Students’ Societies. It came about to address equity issues for women at the Bar. In order to compete in this moot, you must identify as a woman. This year, the competition will be held in early October.

The Castan Centre Human Rights Moot is the only moot which focuses on human rights law in Australia, allowing interested students to hone their knowledge of human rights law. It is based on the Victoria Charter of Human Rights and Responsibilities Act 2006 and is held at Monash University. The competition usually runs in late August.

Clayton Utz UTS Intervarsity Negotiation Competition The Clayton Utz UTS Intervarsity Negotiation is an annual intervarsity tournament hosted by UTS and the largest intervarsity competition. This competition allows students to hone their skills at the negotiation table against some of the finest intervarsity competitors.

SULS Multilateral Client Interviewing Competition This year, the Multilateral Client Interviewing Competition will be hosted by the Sydney University Law Society in person, but will be moved online if COVID-19 restrictions prevent this.

The competition ran for the first time in 2020 to increase the number of opportunities for skilled competitors to compete at the intervarsity level.

This year, the competition will run in mid October.

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Australian National University Law Students’ Society

Kirby Contract Law Moot

UNSW Private Law Moot

The annual Michael Kirby Contract Law Moot Competition is hosted by Victoria Law School in the College of Law and Justice at Victoria University. The moot has been running since 2011 and takes place at Victoria University. The competition usually runs in late August.

The UNSW Private Law Moot is a prestigious intervarsity mooting competition, bringing together some of the best mooters from Australia and around the world. Unlike any other mooting competition in Australia, the moot focuses specifically on private law and commercial topics.

Competitors have the opportunity to demonstrate commerciality and a deep interest in private law.

Previous problem questions have covered equity and trusts, corporations law and contracts.

La Trobe Law Students Intervarsity Mooting Competition 2022 marks the first ever La Trobe Law Students Intervarsity Mooting Competition, focused on Environmental Law. The purpose of this moot is to provide law students with the opportunity to research and become more familiar with the contemporary legal issues surrounding the environment. To achieve this, the problem is being supplied by the Victorian Planning and Environmental Law Association (VPELA). This is a chance for students to compete in an area of law that is not used in moots as often, but however highly relevant to our everyday lives.

Sir Harry Gibbs Constitutional Law Moot The Sir Harry Gibbs Constitutional Law Moot is hosted by Melbourne University Law Students’ Society in conjunction with the Australian Association of Constitutional Law and the Australian Government Solicitor. The moot comprises a round-robin structure followed by three knockout rounds. There will be a $1,500 prize award for the winning team, and a $500 prize award for the second placed team. The competition is usually held in mid to late September.

The ANU LSS is always looking to expand its participation in new external competitions. Keep an eye out on our Facebook page to see when these new opportunities show up!

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UTS LSS Intervarsity Legal Technology Moot The Intervarsity Legal Technology Law Moot, introduced by UTS LSS in 2017, is the only competition of its kind in Australia. This moot engages with the inherent uncertainty that exists within the modern technological landscape and their interaction with established principles of law such as torts, contracts or intellectual property.

It provides competitors with the opportunity to develop creative solutions to a range of issues within the constantly evolving area of law pertinent to legal technology.

Competitions Guide 2022

Attending ALSA’s 2022 Meanjin Conference

The Australian Law Student’s Association is the representative body for law students in Australia, working with Law Student Societies from across the country to provide competitions, educational resources, and support in advocacy.

The 2022 Conference, held in Meanjin over the course of a week, was an opportunity for student representatives from Law Societies across Australia and New Zealand to share ideas, concerns and resources to benefit law students within our respective universities. It was a pleasure for the both of us to attend on behalf of the ANU Law Students’ Society and to learn about the challenges facing law students around Australia particularly regarding COVID and the return to in person classes and issues with accessibility. From internal governance to wellbeing, the Conference provided us with invaluable information about how universities and law societies in vastly different situations were responding to challenges and supporting students. We also had the opportunity to hear and learn from international representatives, including those from the Asian Law Students Association.

Throughout the Conference, we were lucky enough to hear from a range of fascinating speakers, including a conversation with Kate Jenkins, the Sex Discrimination Commissioner, a panel with the cochair of the Council of Australian Law Deans, Nick James, and a NAIDOC week discussion panel with prominent Indigenous lawyers. The conference fostered engagement and discussions as well as a series of fun social activities, including an opening gala at the Queensland Art Gallery and a collaging session. We had some productive conversations about mental health and wellbeing, and inclusivity and accessibility at law school.

Our final day was spent watching the amazing ANU teams in their grand finals. Ben presented on the Uluru Statement in the Paper Presentation competition which was judged by a panel including Justice Edelman from the High Court. Daniel and Max competed very well in the grand final of the Championship Moot. All the teams presented very well and attended the closing gala to find out

the results and celebrate their achievements. The whole ANU team caught up for dinner on the final night for one last celebration which was a nice way to end the week!

The conference was a great opportunity to meet a range of different people while enjoying the warm weather of Queensland! ANU had some great success in the competitions, and it was great to watch some of our best compete across different competitions. The Conference was an incredible experience, providing us the opportunity to collaborate on a range of important issues with student representatives across the country and to bring these ideas back to the ANU LSS. ANU Success at the ALSA Competitions It gives the ANU LSS great pleasure to announce that we had an array of amazing successes at the ALSA Competition this year! Our sincerest congratulations go to all teams who competed at ALSA. Their hard work and determination in the lead up to the conference and throughout was incredibly inspiring to watch, and we look forward to seeing them all participate in many competitions going forwards.

Bas Braham and Henry Palmerlee World Champions - International Negotiations Competition Ben Yates National Champion - Paper Presentation Competition Daniel Marns and Max Robson National Runners Up - Championship Moot Daniel Marns Best Speaker - Championship Moot Tom Gilbert National Quarter finalist - Witness Examination Competition -Kara Banks and Neha Kalele

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Australian National University Law Students’ Society

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Competitions Guide 2022

ALSA Championship Moot Who are you and what are you studying?

We’re Daniel and Max, both second year law students at the ANU. Max also studies a Bachelor of Science, majoring in maths whilst Daniel studies a Bachelor of Arts, majoring in Philosophy.

Why did you Mooting ?

get

involved

in

We were both attracted to the adversarial nature of mooting, and the idea of appearing in front of and being asked questions from a judge. We both had varied levels of public speaking experience and wanted to try something new. We met each other in our first year at college and signed up together for the ANU Junior Mooting competition on a whim.

What was your experience at the ALSA Conference like?

The ALSA conference was an incredible experience and a unique opportunity to moot against talented teams across Australia. It was particularly fascinating to see the variety of different mooting styles, both in written and oral submissions, that different Universities utilised. It was also a great opportunity to meet many talented ANU students competing in the other ALSA competitions.

What are your top tips for success?

Written Submissions Judges will generally read your written submissions before the moot, and the importance of this first impression can’t be understated.

Written submissions should outline and explain the technical side of your case - highlighting the reasoning and cases you’ll use during oral submissions. Your written submissions should be detailed enough so that you can skip points if you run out of time during the moot. Hiding key arguments from your learned friends isn’t helpful, because you’re also hiding them from the judge. Explaining something orally - especially if technical - is always more challenging than you think. It’s better to put your best case forward, so

that the judge is ‘primed’ to hear those arguments later explained more in depth.

Research and Reading Do your research! Having a deep understanding of the case law surrounding your topic is absolutely vital and is perhaps the most important part of performing well in a moot. If you have a detailed knowledge of case law to draw upon, it makes you more confident in answering judges’ questions clearly and effectively. It also minimises the chance you will be taken by surprise upon receiving your learned friends’ written submissions. There are not many worse feelings than frantically researching a new body of case law cited by your learned friends the night before a moot.

Mindset You will have rough rounds in your mooting career. However, you must always treat these as learning experiences. We would always debrief after every round and try to take something away to improve on next time. To improve at mooting eventually requires a lot of effort to improve in small ways - writing quality, speech mannerisms, research depth, etc. If you can embrace this and adopt a mindset always focused on improving, the rewards are worth it.

Complexity of Argument It may come as a surprise, but most judges don’t leisurely read tort or contract law cases on the weekends. After preparing for a moot and writing submissions, there’s a fair chance you have a more detailed, or at least more recently updated, knowledge of the relevant area of law. Sadly, the complex and beautifully nuanced legal argument is sometimes not an effective one. Judges haven’t spent weeks preparing and there is a fine balance to complexity and understandability. Your case should be irresistible. An argument that’s clear, easy to follow and aggressively sensible is irresistible. Here we are using some language from ‘The Devil’s Advocate’ by Iain Morley - a book we’d highly recommend for first time mooters.

-Max Robson and Daniel Marns

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Australian National University Law Students’ Society

ALSA Paper Presentation Competition Tell us a little about yourself!

What is Paper Presentation?

I’m in my fourth year of Law/Arts. Aside from studies, I have spent a lot of my spare time at University in social justice and activist oriented work, including in places such as the ANU Environment Collective and as a representative on ANUSA, where I am the General Secretary. I love research and have valued every opportunity to conduct research through my law studies.

At the intersection of legal research, rhetoric, and a small amount of showmanship lies Paper Presentation. Where other competitions are shaped by fact scenarios crafted by competition organisers, in Paper Presentation, you set the terms. But choose those terms carefully, and make sure you really believe in your argument, because you will be forced by the judges to defend it.

Why did you get involved in the Paper Presentation Competition?

The competition entails submitting a research paper (usually but not necessarily something you have done for a class) between 3000 and 5000 words. Each competitor then presents their paper to a judge. Fifteen minutes are reserved for a speech, introducing the topic of your paper. Ten further minutes are reserved for the judges to ask you questions about your paper and presentation.

These questions probe your argument and seek to explore your depth of knowledge.

I came to the paper presentation competition by chance. I saw it promoted by the Australian Law Students’ Association (ALSA), asked the LSS if they might consider sending a competitor, was lucky enough to be chosen as that competitor and found myself in Brisbane a few weeks later competing at the ALSA conference.

I was privileged to win the 2022 National Championship for the paper presentation competition in a grand final judged by Justice Edelman of the High Court, Justice Sarah Derrington of the Federal Court and Australian Law Reform Commission, and Professor Kit Barker of the University of Queensland.

What was your experience at the ALSA Conference like?

National competitions, including paper presentation, all take place at the annual ALSA conference. As a competitor, the conference is a chaotic blur. You find yourself in a far flung city, bundled into hastily arranged accommodation with reems of notes and scripts in preparation for your competition. This is part of the joy of the experience. Lean into the chaos and embrace it.

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At the end of the day, points are awarded on the combined written performance of the submitted paper and oral performance of the presentation and responses to questions.

This competition simulates viva voces, research seminars and other similar tenets of academic life but it an opportunity to practice more generalisable skills of communication, public speaking and research.

What are your top tips to succeed in Paper Presentation?

Explore your interests Firstly, choose a topic that genuinely interests you. The judges reward infectious enthusiasm and passion for your topic. In addition to your substantive argument, you are always also trying to convince your judge that the topic matters and they should care about it as much as you do.

Competitions Guide 2022

Make your argument accessible If you have multiple papers that you have written for classes that might be suitable, consider choosing one on a more accessible topic. My paper discussed the sequencing of the Uluru Statement from the Heart, delving into legal perspectives on the political debates around First Nations sovereignty and citizenship. I had written it for the course ‘Contemporary Issues in Constitutional Law’ (an excellent course!). The benefit of a topic like this is that most members of the academic and legal community know about the Uluru Statement and were intuitively able to understand this was a topic of great importance. This is not to say your topic must have a social justice angle or be about a well known phenomenon, but a highly technical argument may translate poorly to the oral format.

Help your audience Remember that listeners will always comprehend less than you expect. Well structured speeches repeat and reinforce even the most simple propositions. Help your listener understand the journey you want to take them on. Signpost clearly, structure your thoughts simply, choose words plainly. The presentation is not the moment to drill into the finest details of your thinking.

Focus on a high-level overview that allows the judge to feel they have become acquainted with a new topic or a new perspective on an old topic.

Add flair The judging criteria make clear that the oral component focuses on rhetorical ability over doctrinal sophistication. The classic hallmarks of good public speaking are more relevant than ever.

Modulate tone, deploy emphasis, speak slowly and clearly, make eye contact with the judges.

Ben’s Speech - Extract “As the words voice, treaty and truth echo across this ancient continent, encapsulating an ambition for justice, the question of sequencing has emerged dispelling any illusion that decolonisation is an uninvolved process. The deceptively simple question of how the Uluru Statement from the Heart reforms of voice, treaty and truth are to be sequenced has emerged as the proxy for fundamental questions of First Nations sovereignty, nationhood and citizenship. Many Australians became apprised of this question through the most recent election as sequencing

differentiates the policies of the Labor Party — who prioritise Voice to Parliament — and the Australian Greens — who prioritise Treaty — but I will show this debate predates the partisan conflict and has far greater substance. My paper engages with a vein of Indigenous decolonial radicalism propelled by groups such as the Tent Embassy that centres the importance of Treaty to affirm and uphold First Nations sovereignty. Today I will argue that sequencing Voice, Treaty and Truth is a question of primal importance and that once we recognise its centrality, there appears a compelling argument that Treaty must precede the Voice to Parliament.

Before I go forward it is incumbent upon me to acknowledge that I give this presentation on unceded Turrubul land and I pay my respects to their elders, past, present and emerging. This always was and always will be Aboriginal land.

It is from that fact, that immutable fact of survival, that my presentation proceeds. I will make three arguments today. First I will set the terms on which we engage with the Uluru Statement. I will show that lawyerly techniques of interpreting the statement are apt to mislead and a more elemental form of political analysis is the better way to give meaning to the statement. Second, I will show that how the Uluru Statement reforms of Voice, Treaty and Truth are sequenced is not simply a matter of prioritisation. Sequencing shapes that character of the reforms. I will show that a Voice to Parliament that precedes Treaty differs in character when compared to a Voice to Parliament that follows Treaty. Finally, I will introduce deliberative democratic theory as a normative criteria to evaluate a preferable sequence which I conclude justifies sequencing Treaty first.”

-Ben Yates

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Be known for something more: a clarity of thought and an instinct for problem solving that can influence governments and leading businesses the world over. Join us and we’ll help you enrich and expand your worldview, grow your skills and influence new ways of thinking. In other words, we’ll help you make the difference.

Begin now at ashurst.com/students

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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 • 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

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

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.

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STAY TRUE.

Clayton Utz Graduate, 2021

Staying true to your direction is what defines Clayton Utz. We’ve built a very special culture that sets our firm apart - but don’t just take our word for it.

A good lawyer needs compelling evidence - so hear what Sabina has to say about her experience with us.

MY ROTATIONS

WHY CLAYTON UTZ?

When I was applying for clerkships, Clayton Utz stood out to me because of the very strong focus on pro bono work which differentiated them from other top tier corporate law firms.

Despite being quite nervous to go through the clerkship interview process, I felt very comfortable during the Clayton Utz interviews as the interviewers were not only interested in learning about my previous work experience and legal knowledge but were also keen to hear about my personal background and interests. The cocktail night really cemented my desire to work at Clayton Utz as everyone was so friendly and welcoming, came from diverse backgrounds and spoke honestly about their experiences at the firm. I felt like I got a good sense of the culture at Clayton Utz from attending the event and now, after working at the firm for over two years, I believe that my experience from that night accurately reflected the great culture of this firm.

TIPS

Sabina Prus-Wisniowski

I would recommend asking a lot of questions at the interviews and the cocktail night to try to get a sense of the culture of the firm and whether you think it is the right fit for you. I would also recommend openly sharing your personal interests with your interviewers as they will want to learn more about you as a person!

My first rotation was in Public Sector - Litigation, which is where I had been a paralegal following my clerkship and before starting the graduate program. In this team I was heavily involved in a wide variety of tribunal matters including migration, NDIS and privacy matters. As tribunal matters are generally smaller and shorter than court matters, I enjoyed being able to work on matters from start to finish and being involved in all elements. I was also able to observe many conferences and hearings, this was always very interesting and gave me a better understanding of how to effectively engage in dispute resolution.

My second rotation was in Major Projects & Construction. It was a completely different experience working on transactional matters and I enjoyed the challenge of working on high-profile and large-scale rail, energy and airport projects. I worked on matters that were regularly reported on in the media, making them even more interesting and rewarding.

I have now started my third rotation in Real Estate which so far has been a very diverse experience as I have worked on matters involving selling, leasing and constructing property.

During my graduate program I have also been involved in many pro bono matters and have volunteered at the Consumer Law Clinic. This pro bono work has allowed me to work closely with clients, learn new areas of law and work with a variety of people throughout the firm.

claytonutz.com/graduates

WHERE BRIGHT MINDS MEET

AUSTRALIA

DIVERSE, INTERNATIONAL AND COMMERCIALLY-SAVVY. CLIFFORD CHANCE IS WHERE BRIGHT MINDS MEET. WHO WE ARE We are a premier global law firm committed to setting the standard for excellence in legal skills and client service around the world.

healthcare. The matters we tackle include cross-border, groundbreaking global transactions and cases.

Clients come to us for large, complex, global deals and disputes that demand a sophisticated blend of business understanding and legal knowledge.

Joining us means sharing that commitment, a drive to innovate and grasp new opportunities as we help our clients to address a wide range of business, financial and legal issues.

GLOBAL LAW FIRM OF CHOICE

We’re looking for the brightest and most talented individuals irrespective of background – ambitious people who offer new ideas and fresh perspectives, and who will ultimately be able to give our clients a competitive advantage.

Today our firm enjoys a position at the forefront of our profession.

We are proud of what we achieve every day, working in collaboration and partnership with our clients and wider stakeholders to secure their long-term, sustainable success.

If that sounds like you, and if your aim is to work at the cutting edge of commercial law, with outstanding legal and business training, and equally impressive ‘on the job’ experience, take a closer look at Clifford Chance.

But we are not complacent.

WHAT WE DO We use our quality legal advice, our reputation for excellence and innovation, and our international reach to get clients the best possible results. The firm is built around five global practice areas:

• Global Financial Markets (Finance and Capital Markets); • Corporate; • Litigation, Dispute Resolution & Risk Management and

Our vision is to be the global law firm of choice for the world’s leading businesses of today and tomorrow.

Our strategy recognises that the world we operate in is changing and that we too must be ready to change if we are to continue to lead and shape our sector: • Right markets — ensuring we have market-leading capabilities in the geographies that are most important to our clients today, and in those that are likely to be critical to their future growth.

• Right work for the right clients — ensuring we are the best placed firm to advise leading organisations internationally on their most complex, strategic and reputation critical opportunities and challenges.

• Tax; Pensions, Employment.

• Innovation & Best Delivery — reshaping our services to make delivery ever quicker, simpler, more efficient and more robust; and deliver a truly world class client service every time.

• And in Australia we are focused on GFM, Corporate and L&DR

• Best team — fostering an inclusive, ambitious and meritocratic

Incentives;

• Real Estate; and

as practice areas Client challenges rarely fall within one practice area so we work together through international, cross-practice teams who share deep experience in specific sectors ranging from energy to

environment; ensuring we recruit and develop the very best talent, who can enjoy the best careers.

The pursuit of the firm’s vision and strategy is grounded in our most important commitment: to act as an ethical and responsible business.

To Learn More or to Submit your Application, scan the QR code For any enquiries please contact Maud van Houten via Grads.Australia@CliffordChance.com 2203-000223

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Be exceptional.

Corrs Chambers Westgarth is Australia’s leading independent law firm. We’re known for delivering legal excellence, exceptional client service and outstanding results.

Our significant work

Diversity & Inclusion

We let our work speak for itself, and are proud to work with some of the biggest organisations in the world on their most important matters.

We strongly believe that diversity in all its forms should be embraced and celebrated. This benefits our people, our clients, our firm and the industry at large. Our culture is defined by excellence, collaboration, commitment and respect.

Our clients include more than half of the top fifty ASX-listed companies, some of the largest privately owned companies in Australia and a number of global Fortune five hundred companies. We work with well-known organisations like AGL, Amazon, BP, Blackstone, CBA, Coles, eBay, Google, Johnson & Johnson, Medibank, NAB, PayPal, TPG Telecom, Wesfarmers and Westpac. We also work with governments, Federal and State, as well as on major transactions that make the news.

Corrs’ Lawyer Development Program The Lawyer Development Program is designed for lawyers in the formative stage of their career. It aims to build the capabilities and relationships that will drive career progression and underpin future successes, as rapidly as possible. Unique features of the program include: •

•

•

Mentor partner – Each lawyer is allocated a mentor partner (in most cases their supervising partner in their first rotation) who remains in this role throughout the program and potentially beyond. This will build a personal and enduring relationship that transcends everyday transactional work. Lawyers will also be supported in each rotation by a supervising partner and SA/SC who will source meaningful and challenging work.

12 x 6 x 6 rotation structure – We have extended the first practice group rotation from 6-months to 12 months to ensure lawyers have time to learn on the job and build strong capabilities and relationships in their first year. In the second year, when lawyers have an increased level of experience and confidence, they will complete two 6-month rotations in order to gain exposure and build relationships across different groups.

Formal learning – The program incorporates comprehensive formal learning opportunities including our national Graduate Academy, local Graduate Orientation, practical legal training with the College of Law, practice group induction sessions, and the national Legal Excellence program.

@CorrsLaw

Community & Pro Bono We think it’s important to contribute to the community and to facilitate access to justice. We perform around 20,000 hours of pro bono and volunteer work each year, helping those who need it most. We feel that it is our responsibility to ensure legal services are available not only to those who can afford it, but to those who cannot, to those who are disenfranchised and to those who have genuine legal issues of public interest that need to be pursued, even if those issues are unpopular or politically sensitive.

Wellbeing Program Corrs recognises the importance of health and wellbeing and is committed to providing a safe and healthy workplace through a range of programs and policies.

Our wellbeing program provides a range of initiatives to assist people in maintaining good overall health. Some of our activities include mixed netball, pilates and yoga, touch football, cricket day, Friday night drinks, family days, trivia nights, End of Financial Year party and Christmas Party.

For key recruitment dates please see:

Corrs Chambers Westgarth

https://www.corrs.com.au/graduatesand-clerks/key-dates

@CorrsLawyers

corrs.com.au/graduates

FLY009

CorrsLawyers

We’ve established flexibility as standard business practice and an option for all our people, including partners. Even before COVID-19 fast tracked the general approach to workplace flexibility.

ARE YOU READY TO BE BOLD? There’s never been a better time to be part of Gilbert + Tobin.

From day one, our flat structure allows you to take ownership of challenging work and cutting-edge projects. Work directly with partners and team leaders – nobody is too important to take time to explain things clearly, or give a helping hand.

Our open and welcoming culture underpins our continued success in Australian corporate law. Through our pro bono practice, we are actively making a difference, every single day.

If you’re comfortable being challenged, as well as challenging us on the way we think and operate – you’ll fit right in. We’re not worried about you being you. We’re counting on it.

gtlaw.com.au/careers

41

ELEVATE YOUR EXPERIENCE CAREERS IN COMMERCIAL LAW careers.herbertsmithfreehills.com/au/grads

@HSFGRADUATESAU

Working at Jones Day… One Firm WorldwideSM Jones Day is a global law firm with more than 2,500 lawyers in 41 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.

The Firm’s 125 years of sustained growth in experience, reputation and successful client interaction have been built by its dedication to a ‘One Firm Worldwide’ philosophy, which fosters the creation of interoffice and cross-practice teams, assembled to ensure that clients receive the best possible guidance and representation, without regard to barriers conventionally imposed by geography, borders, time zones or language.

Australia Jones Day’s presence in Australia has grown significantly.

The Firm has added new offices in Melbourne, Perth and Brisbane over the last six years in addition to our office in Sydney, reflecting our commitment to expanding our service to the Australian market.

Our lawyers work in a dynamic and stimulating multidisciplinary environment by collaborating with colleagues from different practices and different offices worldwide.

We continue to attract many of the legal industry’s most highly regarded and sought-after lawyers while maintaining our focus on promoting internal talent through the ranks.

The New Lawyers Group Jones Day recognizes that many law students leave law school not knowing which practice they want to enter. We also believe that a more well-rounded lawyer is a better lawyer and that a wide range of experience is valuable to a new lawyer. Accordingly, many years ago Jones Day created the New Lawyers Group, which allows new associates to gain exposure to different practice areas and lawyering styles at the Firm before making a commitment to a specific-practice.

We provide extensive training through the New Lawyers program. Each November, we bring together new associates from across the Firm at the “New Lawyers Academy” in Washington for three days of hands-on training and meetings with Firm leaders. In addition to helping them under-stand Jones Day’s culture, organization and operation, the Academy gives our new lawyers the opportunity to meet their peers in the Firm’s other offices.

Graduate, Summer Clerkship Programs and Paralegal Positions We run summer clerkship programs in our Sydney and Melbourne offices that offer selected positions to talented students who are at their penultimate year at university. We give our summer clerks real work for real clients, to provide them an opportunity to learn what the practice of law at a large firm is all about and we aim for summer clerks to become future graduates of the Firm. In Perth and Brisbane we recruit paralegals on a rolling basis with the view that paralegals have the opportunity to do meaningful work and become future graduates at the Firm.

A Culture of Client Service and Collaboration Jones Day’s commitment to client service means our lawyers work together in a collaborative atmosphere where teamwork is essential, respect for and from colleagues is the norm, and credit is shared for a job well done.

In fact, every facet of the Firm is structured to promote an environment that’s client-focused, but also professionally fulfilling for lawyers at any career stage. We expect our lawyers to focus completely on a client’s needs, with the full support and encouragement of their peers. We recognize that partners and associates alike contribute to the Firm in a variety of ways, and we reward lawyers for their overall contributions to the Firm and for promoting the Firm’s values.

For further information regarding our recruitment programs, the application process or the interview process, please visit our website at www.jonesday.com.

Applications must be made online. Please visit us at www.jonesdaycareers.com/australia

44

Get

moving

with

PLT

at Leo Cussen.

Run your own cases in simulated practice and be coached by skilled and supportive lawyer mentors.

Join our extensive legal network and be part of our community.

Be Ready with a Graduate Diploma in Legal Practice at Leo Cussen.

www.leocussen.edu.au/PLT

Virtual Internships Leo Cussen has partnered with Forage to build two Virtual Internship Programs designed to provide students with valuable insight into what it’s like to solve real issues in legal practice.

Free

45

Self-paced

Add to your CV

Criminal Law Human Rights Law

Your career begins on

Day One

From Day One you will have challenging, meaningful work, gain exposure to clients, be given a good level of responsibility, work in a supportive and collaborative team and have regular access to our partners.

The training you receive throughout your clerkship will ensure you are thoroughly prepared and ready to get involved in and contribute to client work straight away.

The program begins with a comprehensive orientation which includes training and development activities.

Join our clerkship program and become part of a firm where you’re involved from Day One.

Scan this QR code to find out what it’s like to work at Maddocks.

DISCOVER

EXCEL

ASPIRE

Your future. Your choice. Choose to make an impact.

At MinterEllison, we provide our clerks and graduates with exceptional training, development and experiences.

Learn by working on real challenges Right from the start you’ll work on real client engagements, preparing you for any challenge. Discover new areas of practice, and learn the technical knowledge and tools you need to achieve your career ambitions.

Discover industry and market insights Our industry programs span across all of our practice groups, ensuring collaboration amongst our teams that creates real impact for our clients:

Health & ageing

Financial services

Real Estate

Education

Energy & Resources

Government

Infrastructure

Bring your whole self to work We want our people to be exactly who they are at work by fostering an inclusive workplace. We want you to excel as a future lawyer. It’s all in your hands now.

Make an impact You’ll have the chance to work with our Pro Bono and Community Investment program and market-leading social enterprise practice:

Pro bono

63K+ hrs of pro bono services

RAP impact

Social impact

4,800+

over 100

pro bono hours supporting Aboriginal and Torres Strait Islander organisations

For information and to apply visit graduates.minterellison.com

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

new social enterprise and Indigenous business clients engaged and supported

Competitions Guide 2022

The ANU Law Students’ Society is grateful for the ongoing support of its 2022 sponsors:

Premier Sponsors

Major Sponsors

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A N U L S S