2023 Mooting Guide

Deakin Law Students' Society Junior & Senior Moot Guide 2023

Our Sponsors We are thrilled to have two fantastic sponsors to help deliver our Senior and Junior Moot Competitions for 2023.

SENIOR MOOT

JUNIOR MOOT

JUNIOR & SENIOR MOOT About Mooting Mooting is a simulated trial where you act on behalf of your client, presenting legal submissions and arguments in support of their position. Participants are required to analyse legal issues, research relevant law, and prepare a case that will best represent your client. The focus is on your ability to present an argument with the facts relevant to your given scenario.

Benefits of Mooting Mooting provides many opportunities to develop your advocacy skills, but more importantly, to hone your ability to interpret legal facts and law, and apply them in a practical forum. A few reasons to compete are: Mooting is a rare opportunity at university to get an inside into practical advocacy; Students can practically engage and develop their legal language skills; You may be asked questions from the Bench which you have to respond to, which will develop your ability to think on the spot; You meet other like-minded students passionate about Law; and You gain valuable feedback on your performance and how to improve moving forward.

Workload: High

JUNIOR & SENIOR MOOT Junior v Senior Moot The Junior Moot is specifically aimed out our First and SecondYear students to separate the level of knowledge and experience from older students. The Junior Moot is designed to focus on contract law, as it is the only content subject First Year students will have completed.

The Senior Moot is designed for students in their third year or above, and factual scenarios may cover any of the 12 core units.

Who is Involved in a Moot?

Party

Role

Prosecution/Plaintiff/Claimant (Includes Senior and Junior Counsel)

Present submissions contending for their side of the argument

Defense/Respondent (Includes Senior and Junior Counsel)

Present submissions contending for their side of the argument

Judge/s

To moderate the proceedings To interrupt with probing questions relating to the submissions To make a judgement on the case

DLSS Representative

Organisational and time-keeping duties

JUNIOR & SENIOR MOOT Structure of Competition Section 1: Appearances The Senior Counsel for the Prosecution/Plaintiff/Claimant will introduce their team followed by the Senior Counsel for the Defense/Respondent.

A suggested phrase is: “May it please the court, my name is [FULL NAME] and this is my Junior Counsel [FULL NAME] and we appear on behalf of the [CLIENT]” Section 2: Submissions from Plaintiff/Appellant/Prosecution The Senior and Junior Counsel will present their arguments. The judge may stop the flow of your submissions to ask questions at any time.

Please note that questions form part of your allocated speaking time.

Section 3: Submissions from Defendant/Respondent The Senior and Junior Counsel for the other side will present their submissions. Again, you may be asked questions by the Judge at any time.

Speaking Order: 1. Senior Counsel for Prosecution/Plaintiff/Claimant 2. Senior Counsel for Defense/Respondent 3. Junior Counsel for Prosecution/Plaintiff/Claimant 4. Junior Counsel for Defense/Respondent Each team is allocated 15 minutes - this is split amongst the two team speakers at their discretion.

Each Moot is allocated a one-hour time slot for the entire process.

JUNIOR & SENIOR MOOT Senior Moot - Trimester 1 Dates

Round / Days

PRE O-WEEK

Signups open

Trimester 1 Week 1 (Week starting 6th March)

Fact Scenarios Released

Trimester 1 Week 2 (Week starting 13th March)

Heats Monday, Tuesday, Wednesday

Trimester 1 Week 3 (Week starting 20th March)

Semi-Finals Tuesday, Wednesday

Trimester 1 Week 4

Grand Final Evening of Thursday 30th March

Junior Moot - Trimester 2 Dates

Round / Days

Trimester Break

Signups open

Trimester 2 Week 1 (Week starting 10th July)

Fact Scenarios Released

Trimester 2 Week 2 (Week starting 17th July)

Heats Monday, Tuesday, Wednesday

Trimester 2 Week 3 (Week starting 24th July)

Semi-Finals Monday, Tuesday, Wednesday

Trimester 2 Week 5

Grand Final Evening of Thursday 10th August

JUNIOR & SENIOR MOOT Preparing for a Moot 1. Read and Annotate What is the important information? What are the legal issues?

What are your strongest arguments? Where could the opposition exploit holes in your argument?

2. Research Do research to construct strong and authoritative arguments.

Your arguments must centre around case law; having knowledge of authorities relevant to your legal issue is a must.

3. Watch There are many examples of Australian Moot competitions on YouTube! Whilst Moot Heats may not be as serious as those in the videos, you can take note of how the parties act, how the competition is run and how to communicate with the Judge. See this example from the University of Sydney: https://www.youtube.com/watch?v=NtVl2-6Ht_s 4. Rehearse It is important that you stick to your allocated speaking time in your submission. This will be stated in your fact brief prior to the competition. Practice rehearsing. It is best to know your material as well as you can, judges appreciate competitors who are not simply reading from a page. Engage with the judges, maintain eye contact, speak clearly and be confident!

JUNIOR & SENIOR MOOT Preparing for a Moot Continued 5. Write Write your submissions. Draft your arguments as if you are writing an essay, ensuring you signpost the legal issue, the relevant law, why the law applies to your argument before summarising and concluding. IRAC! 6. Appearances For Section 1 of the Moot, you may or may not be prompted to give appearances. Judges' are instructed to ask for appearances. On the off chance they do not, the DLSS representative will inform you to give appearances.

7. Signposting The Senior Counsel should begin with an introduction outlining their argument. The Junior Counsel should then sum up the arguments made before signing off.

8. Formalities It is important that your submissions seamlessly flow. When the Senior Counsel has finished, they should say something such as: 'If it pleases the court, I will pass to my Junior Counsel to continue our submissions'

JUNIOR & SENIOR MOOT Preparing for a Moot Continued 9. Court Lingo All interactions should be respectful and courteous with the bench and opponents. Use 'Your Honour' to address the judge and use 'our learned friend' to address the opposing counsel.

10. Have Fun! It is a competition after all, and if you put in the effort and have fun you will learn the value of competing!

Written Submissions Written submissions must be handed to the Judge before the commencement of the Moot. They outline your arguments and the relevant case law you will use to substantiate them.

Written submissions are required in all Senior Moot heats, semi-finals and finals and are scored out of five points.

Written submissions are only required in the Junior Moot for the Grand Final and are scored out of five points.

Templates are provided to competitors when the fact scenario is released. Written Submissions should not exceed more than one page.

JUNIOR & SENIOR MOOT What am I marked on?

Senior Moot Manner and Expression (10 points) Development of Argument (20 points) Questions from the Bench (15 points) Written Submissions (5 points) Total: 50 points

Junior Moot

Manner and Expression (10 points) Development of Argument (20 points) Questions from the Bench (15 points) Total: 45 points

Any more questions?

A Junior Moot Workshop will be held; this date is yet to be confirmed. You can stay up to date on our socials if you wish to partake!

You can find Frequently Asked Questions such as: What do I wear? How do I verbally cite cases?

In the General Competition Handbook available at deakinslss.org Any other questions to director-competitions@deakinlss.org

Stay Up to Date YOU CAN STAY UP TO DATE WITH OUR COMPETITIONS ON OUR SOCIALS (FACEBOOK, INSTAGRAM AND DLSS WEBSITE) ALTERNATIVELY, YOU CAN SIGN UP TO RECEIVE THE LATEST NEWS RIGHT HERE: INTERNAL DLSS COMPETITIONS: HTTPS://FORMS.GLE/RMQEE7VWFWZCSQZ69 EXTERNAL COMPETITIONS: HTTPS://FORMS.GLE/GRF4SUGTWAQQEFAA8

Thank You! WE WISH YOU LUCK ON YOUR COMPETITION ENDEAVOURS SHOULD YOU WISH TO COMPETE IN 2023.

PLEASE FEEL FREE TO REACH OUT TO OUR TEAM IF YOU HAVE ANY QUESTIONS, CONCERNS OR QUERIES AT DIRECTOR-COMPETITIONS@DEAKINLSS.ORG