Competitions Guide 2023

COMPETITIONS GUIDE

2023

WELCOME TO MULS!

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Directors’ and President’s Welcome

Types of Competitions Advocacy

06 Meet the Competitions Team

20 Mooting Tips and Tricks

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22

Overview of Competitions

Phrase Banks

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How to Get Involved In Competitions

Foundations of Law Moot

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Workshops New Competitions and Initiatives Global Leadership Program MULS Membership

Novice Moot

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International Humanitarian Law Moot

Juris Doctor and Postgraduate Involvement

29 30 Subject Based Moots

Championship Moot

Paper Presentation What is it?

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Moot Submission

Alternative Dispute Resolution

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Witness Examination Preparation for Witness Examination

Intervarsity Competitions What is it?

MULS Environmental Law Moot Michael Kirby Moot Sir John Pedan Contract Law Moot Philip C. Jessup International Law Competition Margaret Cunneen SC Witness Examination

44 Professional Skills Client Interview Structure of the Interview Do’s and Don’t’s

48 Negotiations Principles of Interest-Based Negotiations Sample Agenda for Negotiations

COMPETITIONS GUIDE

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SECTION NAME

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70 From the Bench

74 What MULS Comps are you?

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COMPETITIONS GUIDE

COMPETITIONS DIRECTOR It’s time to dust off those suits, get comfortable with legal jargon, and prepare for an adrenaline filled year of competition. My name is Simone Alexander, the Director of Competitions, and I am very proud to present the Competition Guide for 2023.

Throughout my time in Macquarie, I have been an avid competitor, competing in a variety of competitions for each year of my law degree, even representing Macquarie in intervarsity level for ADR competitions. Participating in these experiences has been pivotal in building my public speaking and oral advocacy skills. It also has enabled me to hone my critical thinking, problem solving which are highly transferable into any professional sphere and even my

Simone Alexander

academic studies. Furthermore, these unique experiences have offered me opportunities to meet with professional mentors and create incredible bonds with my fellow competitors.

commitment, this guide gives a fresh take on competitions.

This guide is the product of a collaboration between the

This guide will prove to be an invaluable reference for all your

Competition and Publication Portfolios, endeavouring to assist

competition needs.

individuals eager to compete or those with competition experience looking for a new challenge. This guide in partnership with the Publication team offers a unique insight into MULS’ Competition Portfolio with useful tips and tricks and spotlights from past competitions. With the addition of brand new features such as DIRECTORS’ AND PRESIDENT’S WELCOME

sample submissions, suggested competition outlines, phrase banks, and quick references for prerequisites and competition

The biggest hurdle for any competitor is getting over that initial hesitancy to compete. Whether you are in your first year or your fifth, there is something for everyone. You never know the opportunities that you can create from competing, so have a go, take a chance, and see where this new endeavour takes you.

Good luck and Happy Competing!

PUBLICATIONS DIRECTOR Welcome to the MULS Competition Guide! My name is Mikaela and I am the Publications Director for 2023.

Welcome to the MULS Competition Guide! This Guide will be an invaluable source for understanding how you can participate in competitions and the insights critical to your preparation.

Regardless of how you decide to participate, competitions provide an avenue in shaping your skills in both a professional and personal manner. Speaking from personal experience, competitions provide a unique opportunity to get to know your peers, learn from them (whether this be from students who regularly compete, academics, alumni who were successful competitors) and apply the knowledge you have acquired in your studies (i.e. teamwork, research, working efficiently).

Mikaela Mariano

This Guide highlights the different competitions which you can get involved in this year — that can be undertaken by all students (LLB and JD). Throughout this Guide, you will find how each competition is structured, the tips and tricks on preparation, sample agendas, experiences of successful competitors and other information that revolves around it. It is the aim of this guide that we showcase how rewarding participating in a competition is, whether you are first getting started or you are an avid competitor internally and/or externally. Further, the workshops and initiatives run by the Competitions Portfolio are of great assistance if you plan to compete this year and apply the skills they are learning in the classroom in a fun, 4

practical setting.

Keep an eye on the MULS Competitions via Facebook and the MULS Website for opportunities to apply! Applications are open at the start of semester. I would like to extend my thanks to the Editor of this guide, Josh and the Competitions Director Simone Alexander, the entire competitions team, contributions from past competitors and judges and volunteers. Finally, I thank the designer, Julien Ortiz, who has done such a phenomenal job with designing the aesthetic and style of this Guide. This guide would have not been possible without any of your insights, contributions and ongoing support!

COMPETITIONS GUIDE

EDITOR’S NOTE Welcome to Macquarie University! Congratulations on your successful admission to Macquarie Law School! Not only will you have a plethora of opportunities to immerse yourself in engaging law units, but can also become actively involved in our challenging yet highly rewarding law competitions and moots!

Speaking from experience, skills competitions and moots are extremely valuable. While preparation is time consuming on top of your study commitments, they put you in a prime position to enhance your professional skills, improve your ability to “think on your feet” in responding to unanticipated questions of law from judges, to collaborate with your peers, increase your proficiency in public speaking and learn about both the

Joshua Brereton

procedural and substantive elements of law.

We will be coordinating a diverse suite of competitions in both

negotiate with an opposing side or advise a client may be the

Semester 1 and 2 of 2023. Perhaps you may choose a particular

decisive factor as to whether you produce good outcomes for

moot because of interesting areas of law such as Criminal or

a client.

your intellect or confidence and put you outside of your comfort zone to maximise your growth. You may choose a certain skills competition such as Negotiations or Client Interviews to improve your practical skills which can prove to be invaluable in the context of future professional practice where your ability to

On behalf of the MULS Portfolio, we trust that you will enjoy and find value in competing in our various skills competitions and moot initiatives through the development of practical skills and engagement in extracurricular activity, opening up sources of career inspiration and opportunity. We look forward to seeing you compete!

MULS PRESIDENT Picture this scenario. You have spent 23 hours on a flight from Sydney to Switzerland, and the last several months being occupied with preparing for the trip. You feel confident

DIRECTORS AND PRESIDENT’S WELCOME

Contract law, or because a particular moot would truly challenge

and ready for the numerous security screenings to which you will be subject before they let you pass through the doors of the United Nations Office in Geneva. You are with several friends from Macquarie Law School, accompanied by the ten best teams from each UN region, ready to argue a hypothetical human rights case before a bench of human rights experts. Welcome to the Nelson Mandela World Moot Court Competition.

The vastness of doors to which involvement in Macquarie

Brendan Piech

University Law Society (MULS) competitions could open was borne on me once I had become thoroughly involved myself. Whilst I have yet to compete in an international competition, I can attest from my MULS competition involvement to the value one can derive by applying themself in MULS competitions whilst undertaking their studies at Macquarie University.

My name is Brendan Piech, fifth year LLB and 2023 MULS President. My involvement in MULS began with the 2020 MULS Junior Client Interview and Novice Moot Competition. It was an avenue to apply the concepts learnt within the classroom: legal research, written submissions, meeting prospective clients, and examination of witnesses and evidentiary rules of law.

Having competed in double digits worth of MULS, intervarsity and Australasian competitions, I often find myself weaving into everyday conversations on campus a word of encouragement

to others to sign up for the competitions on offer by MULS and become involved in this aspect of the Macquarie Law School experience. I wish for as many Macquarie Law School students to experience the professional development and networking opportunities that competition involvement can offer you during your time at university.

Welcome to the 2023 MULS Competitions Guide. You will find information on various MULS advocacy and professional skills competitions and read testimonials and advice from previous student competitors. We hope you enjoy reading this MULS publication and find inspiration to either sign up for a MULS competition for the first time, continue your competing into another year, or, in the capacity of a judge, provide insights to students at the early stages of competing.

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COMPETITIONS GUIDE

MEET

MEET THE COMPETITIONS TEAM

COMPETITI Simone Alexander

Competitions Director

As Director of Competitions, my role is to oversee and assist in the organisational process of all the competitions both internally and externally. I am a point of contact for any queries and concerns you may have regarding competitions or if you simply want to have a chat.

A memorable competitions experience you have had in comps Despite participating in numerous competitions, one of the most memorable would have to be my very first competition–the Junior Client Interview. Fresh into law school with very limited legal knowledge and even less know-how of what a client interview was, it’s safe to say that I was petrified. However, I pushed myself to step outside of my comfort zone and thanks to that leap of faith, I was able to develop my critical thinking, time management, research,

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ONS TEAM and problem-solving skills. Most importantly it has helped me

assessing issues and legal problems. It also is heavily reliant on

establish friendships and professional networks which continue

teamwork which brings its own unique element to the table. It’s

to flourish throughout my degree. I distinctly remember some

a must for any student at any stage in their degree.

judges spending over an hour of their time providing feedback and academic advice.

If you could only choose one comp to take part in, what would it be and why?

MEET THE COMPETITIONS TEAM

COMPETITIONS GUIDE

T THE

A quick tip how you would balance participating in Comps and other commitments such as studying/uni My recommendation is writing a list of all your university assignments, assessments and important dates on a calendar

With some many wonderful competitions that MULS offer, you’re

and ensuring you have an understanding of what sort of time

spoilt for choice. However, if it just had to pick one, I would say

commitments you will require. Blocking out time for competitions

Negotiations. Negotiation is all about breaking down problems

just like you would any other assignment helps you stay ahead

and finding the best outcome for your client. Therefore, unlike

and prevent unnecessary stress later on. Don’t forget to share

other competitions, you can often take a creative approach when

the workload!

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COMPETITIONS GUIDE

Emma Horgan

Executive Officer — Foundations Competitions

Hi guys! My name is Emma and this year I am very glad to be running the Foundations of Law Moot and International Humanitarian Law Moot (IHL).

This Moot is specifically designed for first year law students who have already completed the first unit of their degree, LAWS1000 (Foundations of Law) and have no experience with mooting, however, want to get involved. Although mooting may seem unknown and scary, by competing in the Moot students are exposed to mooting in a supportive — but competitive ­— environment, which encourages learning and skill development.

Patricia Motahari

Executive Officer — Foundations Competitions

MEET THE COMPETITIONS TEAM

Hi everyone! My name is Patricia and I am the 2023 Executive Officer for Foundations Competitions. I will be running the Novice Moot and International Humanitarian Law Moot (IHL). The Novice Moot will be running in Semester 2 and is designed for second-year students and up who have not mooted before but would like to gain experience with others who are interested in mooting. This year’s Novice Moot Question will focus on contract law and criminal law.

IHL will be running in Semester 1 and this moot builds from the knowledge gained in LAWS2000 (International Law), focusing on researching fundamental treaties, customs and general principles of international law. This year’s IHL Question will be discussing international rights.

Samuel Surhardi

Executive Officer — Advocacy

Hi! My name is Sam and I am one of the Executive Officers for Competitions (Advocacy). This year we are running a number of competitions with the two most notable being mooting and witness examination.

Hi! My name is Sam and I am one of the Executive Officers for Competitions (Advocacy).

This year we are running a number of competitions with the most notable being the Criminal Law Moot, Contract Law Moot and the Private Law moot. Mooting is a simulated court proceeding where students are faced with a legal issue they must resolve. Teams work together to present arguments before the judges just like the real world. Witness examination is where students act as a barrister in a trial and must cross-examine a witness in order to help establish their case. Competitors are faced with the challenge of thinking on their feet and asking critical questions to establish their position.

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I have only been able to experience one mooting competition,

A quick tip how you would balance participating in Comps and other commitments such as studying/uni

which was Foundations of Law. I remember being terrified but

Of course, like any new opportunity, it takes time to understand

also excited to learn new skills and see what mooting was like.

the amount of time you may have to dedicate. I recommend

Now I am in the role of running the moot, so I think you can see

making sure that your University units are completely organised.

the impact it had on me. I am officially addicted to mooting.

This can be through knowing all your assignments, when your

If you could only choose one comp to take part in, what would it be and why?

COMPETITIONS GUIDE

A memorable competitions experience you have had in comps

most overwhelming week would be and making sure you have prepared sufficiently. Additionally, for Moots, you can put your preference to the nights that work best for you and your team!

It’s so difficult to choose only one with so many options! I would love to compete in the Criminal Moot competition (which I will be definitely doing this year). I love Criminal Law and I know it will allow me to progress the skills I learned in the Foundations of

A memorable competitions experience you have had in comps

competition to take part in. The competition taught me how to

In 2022, I competed in the Junior Client Interview and made

conduct legal research effectively under limited time constraints

it to the Grand Finals with my partner. It was an intense and

and how to efficiently formulate an argument that would be

memorable question that challenged me but was extremely

presented to judges.

beneficial to my knowledge of the law and how to respond to tricky scenarios. This competition tested the skill of effectively

A quick tip on how you would balance participating in Comps

communicating with a client by setting boundaries when

and other commitments such as studying/uni

necessary.

My biggest tip for balancing competitions and uni work is to make sure you have hardworking and diligent teammates. Competitions

If you could only choose one comp to take part in, what

are all about teamwork and equally valuable contributions, so make

would it be and why?

sure that all your teammates are up to speed with everything and

If I had to choose one competition to take part in, it would be

communicate any issues that may intervene with preparation.

MEET THE COMPETITIONS TEAM

Law Moot and challenge myself.

the Novice Moot. I competed in the 2022 Gilbert + Tobin Novice Moot and found it to be an extremely challenging but worthwhile

A memorable competitions experience you have had in comps

also feels like a very practical skill to learn for any aspiring future

One of the most memorable competitions experiences I’ve had

barristers as the skills are directly transferable.

is being able to make new friends and learning how to draft legal submissions for moots. Mooting is definitely a worthwhile opportunity in developing professionally and socially. It also gives

A quick tip how you would balance participating in Comps and other commitments such as studying/uni

you an insight into the legal field.

Make sure you keep a timetable or calendar. I personally like

If you could only choose one comp to take part in, what would

for uni and competitions.

Google Calendar as it helps you to manage deadlines and tasks

it be and why?

Mooting is my favourite competition as the problem solving aspect and presenting arguments is really rewarding and engaging. It

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COMPETITIONS GUIDE

Caitlin Greaves

Executive Officer — Advocacy

Hi everyone! My name is Caitlin and I am one of the Executive Officers for Competitions (Advocacy) 2023.

This year I am responsible for running the advocacy competitions, which includes the Diversity and Pride Moot, the Championship Moot and Witness Examination. These competitions assist students to develop important professional skills, such as critical thinking, time management, problem solving and legal research.

Zachary Haynes

Executive Officer — Professional Skills

Hello everyone! My name is Zachary Haynes and I am the Executive Officer for Professional Skills. This year I will be running the Negotiations Competition in Semester 1 and the ADR Championships in Semester 2.

MEET THE COMPETITIONS TEAM

The Negotiations competition that will be running in Semester 1 is designed for any law student of any experience level. It is a great competition to start out with and develop your interpersonal skills. You will also need a teammate for this competition, however you can still sign up as an individual, but MULS cannot guarantee who you will be partnered with.

The Alternate Dispute Resolutions (ADR) Championships in Semester 2 is a competition that whilst experience is not required to enter, it is greatly beneficial to have experience in both negotiations and client interview competitions. You will also need a teammate for this competition.

Sujal Chadha

Executive Officer — Professional Skills

Hello all! My name is Sujal Chadha, your Executive Officer for Professional Skills for 2023. I am in charge of running three competitions this year, Junior Client Interview and Paper Presentation in Semester 1 and Senior Client Interview in Semester 2.

The Client Interview competitions are separated into Senior and Junior by your year of University. These competitions allow individuals to experience a fun way to experience navigating potential client relationships and handle different situations and practice and improve their interpersonal skills. The Paper Presentation competition in Semester 1 allows students to write an academic paper about a legal topic they are passionate about.

Through this competition, participants can improve their research, problem-solving and critical-thinking skills through the written component and their speaking and presentation skills through the oral component.

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knowledge you have learnt in LAWS1300 (aka the best law unit) to

This would have to be my first ever moot, which was held via

the test!

zoom in lockdown. I remember how accomplished our team felt after we had finished our first round of the competition. We had developed confidence in researching through legal databases,

COMPETITIONS GUIDE

A memorable competitions experience you have had in comps

A quick tip how you would balance participating in Comps and other commitments such as studying/uni

formulating legal arguments and public speaking. The best part of

Competitions, particularly mooting, require a substantial

the experience was the constructive feedback we received from the

time commitment. I recommend students utilise good time

judges about our performance.

management and keep on top of both university and competition deadlines. The best advice I received was to treat competitions like

If you could only choose one comp to take part in, what would

another university subject!

it be and why?

If I could only choose one competition, it would have to be the Criminal Law Moot! This moot allows you to put the skills and

A memorable competitions experience you have had in comps

compared to mooting and other competitions. The way that you

A broad, memorable experience for me is reflecting on the amount

are judged and awarded marks is not by ‘winning’ the negotiation,

you simply cannot prepare for everything so those moments where you have to make a big decision you weren’t expecting and moving

but rather how you do it, so it encourages the development of your soft skills.

with it.

A quick tip how you would balance participating in Comps and other commitments such as studying/uni

If you could only choose one comp to take part in, what would

Make sure you begin preparation as early as possible. You won’t

it be and why?

get the most out of the competition if you don’t prepare properly.

If I could choose only one comp, I would choose Negotiations.

The preparation required for negotiations is far less demanding

A memorable competitions experience you have had in comps

A quick tip how you would balance participating in Comps and

My first competition at MULS was negotiation which allowed me to

other commitments such as studying/uni

step into the world of skill application and forced me to understand

Finding hobbies to enjoy would help with releasing stress from

where I was lacking and how to improve that. It also allowed me to

competitions and other commitments. Also, prioritise tasks and

develop a patient mindset and taught me how to handle stressful

deadlines that you can do right now to make life easier later on and

situations and how to turn situations to my advantage.

spend time with friends and family.

MEET THE COMPETITIONS TEAM

of times you are put on the spot in whichever competition you do,

If you could only choose one comp to take part in, what would it be and why? ​​The Novice Moot would be my choice as it was a true test of my problem-solving and critical-thinking skills. Further adding to the experience of the competition were the Criminal Law questions that were chosen for my rounds, as I always had an interest in Criminal Law. Through the competition, I showed my ability to be a team player and improved my research, speaking and presenting skills.

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COMPETITIONS GUIDE

Heidi Huggett

Executive Officer — External Advocacy

Hi! My name is Heidi and I am the Executive Officer for External Advocacy. I am overseeing all the External Advocacy Competitions, the most important of which is the MULS Environmental Law Moot running in Semester 2!

The MULS Environmental Law Moot is an intervarsity competition between universities all over New South Wales to moot over the problem surrounding Environmental Law, which is rapidly emerging and developing at the moment. Other competitions to look out for are the Sir John Pedan Contract Law Moot, Sir Harry Gibbs Constitutional Law Moot and the ESL Trilateral Moot between MULS, the Sydney University Law Society and the UNSW Law Society!

Caroline Reji

Executive Officer — External Professional Skills

Hi everyone, my name is Caroline and I am the Executive Office for External Professional Skills. The competitions that I will be running this year will include the MULS x SULS ADR Competition, ADC-ICC Asia Pacific Commercial Mediation Competition and Margaret Cunneen Witness Examination Competition.

MEET THE COMPETITIONS TEAM

The MULS x SULS ADR features two rounds consisting of a client interview followed by a negotiation based on the same scenario. The scenario will present the team with several issues that need to be dealt with within a short time frame. MULS will be nominating teams of two students for this competition.

The Margaret Cunneen Witness Examination is run alongside the University of Technology Sydney and is gratefully adjudicated by Margaret Cunneen SC. The competition will take the form of a one-off grand final round in which teams will compete against each other once. Applications for this competition are open to both undergraduate and postgraduate students who possess strong witness examination experience as well as experience as a witness in previous competitions.

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could be focusing on family law and the next on workplace health

My first in-person round of any competition — that being the semi-

and safety. This allows for such a vast understanding of different

finals of the Junior Client Interview. All the previous competitions I had competed in, that being the Foundations of Law Moot and Criminal Law Moot had been online. It was such an exhilarating experience going to campus in a suit and competing in front of

topics and ensures the work is always interesting and fun!

A quick tip how you would balance participating in Comps and other commitments such as studying/uni

actual judges!

Make sure you know the level of work required for the comp-

If you could only choose one comp to take part in, what would

time consuming than other professional skills competitions such

it be and why?

The Client Interview Competition is a personal favourite of mine.

It is practical, fun and sets you up really nicely for work in the legal

COMPETITIONS GUIDE

A memorable competitions experience you have had in comps

etition you are entering. For example, mooting is much more as Negotiations and Client Interviews. It’s no use entering a large competition with a large amount of preparation if you simply cannot commit.

The ADC-ICC Asia Pacific Commercial Mediation Competition

If you could only choose one comp to take part in, what

allows university students to practice their negotiating skills in

would it be and why?

a commercial mediation setting, which is an essential area of

I would participate in the MULS x SULS ADR Competition. The

dispute resolution in international commercial law. Competing

competition involves a client interview, negotiation, letter of

teams will represent two sides of an international commercial

advice and presentations. It would be a great way to get exposure

dispute and will be assessed on how well the teams have

to a wide range of professional skills, meet with competitors from

advanced their interests.

different universities and expand your network!

A memorable competitions experience you have had in comps

A quick tip on how you would balance participating in Comps

A memorable competition experience I had was when I took

and other commitments such as studying/uni

part in the Novice Moot Competition, which was my first ever law school competition. It was a really interesting experience working with my friends and tackling problem questions. The situation was completely new to us, and we were learning everything on the spot. In spite of that, it provided us with a glimpse into what real-

Organising your time at the beginning of the semester and

MEET THE COMPETITIONS TEAM

field. Because it’s not focused on any one area of law, one week you

continuously throughout your semester, noting assessment due dates, is probably the best way to balance competing in competitions with volunteering, law school, or paid work.

life advocacy might be like and helped us practise skills we hadn’t encountered yet.

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COMPETITIONS GUIDE

OVERVIEW OF COMPETITIONS SEMESTER 1 • • • • • •

Junior Client Interview Negotiations International Humanitarian Law Moot Criminal Law Moot Diversity + Pride Moot Paper Presentation

• • • • • •

MULS x SULS ADR Intervarsity Competition MULS x SULS Sir John Peden Contract Law Moot MULS X SULS X LLS ELS Moot UTS LSS x MULS Bilateral Contract Law Moot UNSW Private Law Moot UTS Negotiations Competition

OVERVIEW

SEMESTER 2 • • • • • • • •

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Foundations of Law Moot Novice Moot Championship Moot Private Law Moot Senior Client Interview ADR Championship Contract Law Moot Witness Examination

• • • •

MULS Environmental Law Moot Sir Harry Gibbs Constitutional Law Moot Michael Kirby Contract Law Moot ADC-ICC Asia-Pacific Commercial Mediation Competition 2023 • UNSW Skills IV • SULS Client Interview • Margaret Cunneen Witness Examination

PARTICIPATING AS A COMPETITOR

PARTICIPATING AS A JUDGE

Advocacy

Judging is open to students who have previously been successful

Advocacy competitions mimic appellate court proceedings

in the respective competition. Judges benches are typically filled

and provide students with practical experience in developing

with solicitors, barristers and esteemed academics alongside

legal arguments and oral presentation. Mooting is one type of

student judges who provide the essential livelihood and personal

advocacy competition in which a team of students are given

experience essential to a well-rounded bench. Judging is incredibly

a factual scenario based on a certain subject matter such as

beneficial as students have the opportunity to meet with pre-

Contracts or Criminal Law and must prepare submissions based

eminent lawyers and develop further skills in communication and

on the relevant legislation and case law. If going solo is more

critical thinking. To Participate as a Student Judge, you would need

your style, Witness Examination replicates a civil or criminal trial

to have been a semi-finalist or a grand finalist in the competition

from opening statements, examination of witnesses to closing

you wish to judge for.

COMPETITIONS GUIDE

HOW TO GET INVOLVED IN COMPETITIONS

To find out more about specific dates, competition registration and ways to get involved follow this page:

addresses and students compete on their own.

If you are interested in judging and would like further guidance,

Foundations If you are in the early stages of your Law degree or are new to competitions, MULS offer introductory mooting competitions based on foundational legal knowledge. First year students who have completed LAWS1000* are eligible to compete in the Foundations Moot and second or third year students who haven’t competed before can try out the Novice Moot Competition.

Professional Skills Professional Skills competitions replicate other key tasks undertaken by practicing lawyers including Client Interview and Negotiation. These competitions are invaluable for developing transferable skills such as client rapport, communication and

foundations as to the student requirements for judging.

PARTICIPATING AS A VOLUNTEER If you cannot meet the time commitment and are unable to compete, but still want to participate, acting as a volunteer in a

HOW TO GET INVOLVED

please see the relevant rules for professional skills, advocacy and

competition is an excellent way to get involved! More applicable to the Witness Examination and Junior and Senior Client Interview, acting as a witness or client for a competition is a great way to get exposed to competing, and to understand the skills and benefits of competing.

MY EXPERIENCE AS A VOLUNTEER

by Bradley Cagauan

strategy implementation.

Why did you decide to volunteer?

For those more interested in the theoretical aspects of law, the Paper Presentation competition provides the opportunity for academic flare.

I volunteered for both the client interview and witness examination because at the time, I was daunted by the competitions but I also wanted to see what it was all about. It was inspiring seeing students act like real lawyers. Furthermore, it also gave me a deeper appreciation of the challenges lawyers face whether it be in ascertaining the ‘right’ information from a witness or advising a client in plain english.

Benefits The most obvious benefit is that you’ll get an up-close look at how students use the skills lawyers use everyday without the stress of competing. It is inspiring watching students use these skills and may even inspire you to compete in the next competition! If you’re interested in competitions but strapped for time or unsure, be sure to volunteer!

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COMPETITIONS GUIDE

COMPETITION WORKSHOPS Advocacy Workshops The Advocacy Workshops will provide a general introduction to both the written and oral components of Mooting competitions.

One workshop will run in collaboration with the MULS Education portfolio to focus on legal writing skills, legal research and referencing to assist competitors with how to approach written submissions. The other will focus on oral advocacy such as the unique courtroom jargon and the structure of the competition.

These workshops will also give attendees a chance to meet prior successful competitors and judges and ask any pressing questions. Keep an eye out on the MULS Facebook page for the dates of the workshops, and recordings will be available on the Macquarie Law Society website.

Professional Skills Workshops The Professional Skills Workshop series is a two part breakdown

NEW COMPETITIONS AND INITIATIVES International Women’s Day Initiative After last year after great success, we are excited to continue in this tradition focusing on the 2023 theme of #EmbracingEquity.

This initiative is centred on bringing together prominent female lawyers and leaders in their respective fields to share their journeys and challenges with MULS female and non-binary members. Unlike other events run by MULS, this initiative is a joint collaboration between a majority of the portfolios spanning Social Justice, Events, Marketing, Careers and Competitions. Throughout this event, we are focused on providing value to our female members by intertwining topical discussion on how to become the best advocate for yourself with practical workshops focus on personal brand-building and interview skills.

WORKSHOPS

of Client Interview and Negotiations style competitions. This

Competitions Expo

year attendees will have the opportunity to hear from previous

This new initiative targets students across varying stages of

competitors and their experience. Videos breaking down negot-

their degrees to engage with a variety of competitions offered

iations and learning valuable skills to assist in preparing for

by MULS. This event will allow students to interact with judges,

competitions will be a focus of these workshops. These workshops

past competitors, and competition executives to hear first-

are also valuable for those interested in the ADR Championship

hand accounts of the benefits of competing. Throughout

competition as they address essential elements to this competition

the evening there will also be live demonstrations of various

such as client rapport. Keep an eye out on the MULS Facebook

types of competitions including Negotiations, Client Interview,

page for the dates of the workshops, and recordings will be

mooting, Witness Examination and Paper Presentation to

available on the Macquarie Law Society website.

provide all attendees with an appreciation of oral advocacy and professional skills from competitor alumni.

Judging Workshop

Awards Recognition Night

Judging workshops will be available to student judges to help

This evening is intended to provide an opportunity to recognise

foster consistency across all competitions. Constructive feedback is one of the best tools to ensure the ongoing success of Macquarie students in competitions.The purpose of these workshops are to encourage and guide new students in the judging pool with the hopes this will result in a diverse and fair bench.

the talent pool of Macquarie University. Students who have entered the grand final stages and above will be formally invited to attend the evening as well as judges, volunteers in recognition of their efforts over the past competion season. Furthermore, there will be an opportunity for students and judges to elect certain individuals to recognise their talents through different award categories.

MULS MEMBERSHIP Being a member of MULS is mandatory for competitors!

Membership costs $5 annually, and MULS members have exclusive access to a number of perks beyond Competitions, including: • Discounts on the majority of MULS ticketed events • 10% off at Cult Eatery locations; • Fortnightly newsletters packed with first hand insight into various initiatives on offer.

Sign up here: https://www.joinit.org/o/macquarieuniversity-law-society or scan the QR code below:

GLOBAL LEADERSHIP PROGRAM (GLP) The Global Leadership Program (GLP) is a co-curricular program offered at Macquarie with a focus on cross-cultural leadership, entrepreneurship and knowledge. Contributing to MULS competitions is recognised by the GLP and may satisfy the completion of experimental credit. Pre-approval of activities from a GLP Advisor is strongly recommended. For more information, click here: https://students.mq.edu.au/experience/global-leadership • •

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Participation in competition may fall under GLP code GLX14 or X31 Acting as a competitions representative may satisfy GLX25A, GLX09A

or GLX04A.

Whilst all comps are valuable to all students and add experience we understand that JD has challenges of time commitment and availability.

Throughout this guide, we will be signposting specific competitions that is accommodating to a person who is doing a JD Degree. To

COMPETITIONS GUIDE

JURIS-DOCTOR & POSTGRADUATE INVOLVEMENT accommodate to JD’s who wish to participate in competitions, whilst balancing other commitments, we suggest the following competitions:

CIient Interview

Negotiations

• Client interviews require less time to prepare and have a lower

• This competition is good for those who would like a

time commitment. You are not required to conduct heavy legal

challenge but do not have the time to commit to a moot.

research or have an expected “legal knowledge” that is would be

• In general, there is more research conducted compared to

expected in competitions such as subject based mooting.

client interviews (this research can relate to understanding Best/

• Client interview is much more flexible in the way that you can

Worst Alternatives to Negotiated Agreement (BATNAs & WATNAs),

participate as a competitor or as a volunteer! If you are unsure

Concessions, Trade offs etc). Typically research does not extend

about competing in this type of competition, being a volunteer is

deeply into a specific area of law like a moot.

another way to be exposed to the nature of this competition. This

• There is a unique aspect of a partnership and teamwork

is particularly good for JD Students who have multiple commitments.

required — there is a shared workload where you and your

• The duration of the competition is shorter than other

partner will need to break down the facts, understand what’s in

competitions with senior preliminary rounds going for 30 mins.

• Individual signs ups are welcome however you will be assigned

the client’s best interest and how to get the best outcome for

on a first come first serve basis.

mutually benefit the parties involved etc.

Novice Moot

• Preliminary rounds contained for 50 mins.

• This is ideal for students who would like to compete in a moot

Witness Examination

• The question is designed to target second-years and above and therefore touches substantive areas of law. However, some initial structure is provided to assist teams when initially approaching the question.

• Can be teams to up to 4 — ­ Ability to share the workload or be suited to a role which you enjoy eg. research or speaker.

• This is also a great competitions for JD Students who want to practice and improve their legal and advocacy skills.

International Humanitarian Law Moot •

For those who have competed in the Novice Moot and want

to engage in future competitions.

• One question is used throughout the competition, therefore

• The preparation required is not as demanding as moots.

However competitors are expected to have an rudimentary understanding of the Evidence Act and it is highly recommended to have completed the unit LAWS3400 (Evidence) before registering in the competition.

• Witness Examination is flexible in the sense that you can be a volunteer or a competitor. If you find yourself not having the time to adequately prepare, you can volunteer to be the client and work with the participant about potential questions that may be raised by opposing counsel. This is still a great way to be exposed to trial advocacy!

JD AND POSTGRADUATE INVOLVEMENT

but have not completed the Foundations of Law Moot.

them, trying to come up with the a creative solution that will

• Good for JD students who are good at ‘thinking on their feet’ and critical thinking skills.

a large portion of the preparation can be done early on in the competition.

• Designed intentionally for mooters to get a taste of international advocacy at a smaller scale.

Kelly Neighbour - Competitor & Psychology/Law Undergraduate I cannot recommend getting involved in the competitions run

two-headed monsters when you get something wrong. They give

by MULS highly enough! Best experience I had at university!

really good feedback and advice allowing you to improve with

I was a little nervous about the competitions and not entirely sure

in a courtroom situation.

I was good enough to compete. I strongly recommend doing what I did, which was to volunteer with MULS first to act as a client in the Client Interview and mooting competitions. This gave me the opportunity to see what the competitions looked and felt like before I committed to competing myself. Trust me, these competitions are not as scary and daunting as they may seem.

Try it, you have nothing to lose! I entered the Client Interview competitions and the Negotiation competitions, and finally the

each round. It also gives you a really good idea of how things run

As for juggling your priorities and your time, you will need to determine if you have the time to commit to a competition.

Personally, I enjoyed the competitions and saw it as down time from my study and work commitments. The Client Interview and Negotiation competitions don’t really take up a lot of your time.

Mooting takes up a little more time, but you are in a team of 3 or 4 and personally, I found that my team was very supportive, and

Criminal Law Moot which our team won that year!

we helped each other out when necessary. Keep in mind that it

Aside from the thrill of winning a mooting competition, I learned

beneficial to you as you move into the legal profession. It will

so much in the process! I also made some really good friends. The

build your confidence and improve your legal skills immeasurably.

judges in these competitions don’t tear you to pieces or turn into

Good luck!

is an amazing opportunity and an experience that will be hugely

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COMPETITIONS GUIDE

ADVOCACY

ADVOCACY

WHAT IS MOOTING? A moot is a simulated court proceeding in which students are faced with a legal issue they must resolve. The issue will be based on an appeal from a previous court decision on the scenario, and will require the appellant team to argue as to why the previous decision should be overturned, with the respondent team attempting to uphold it. Teams present both written and oral arguments before the judges, just as would occur in a real court case.

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PLEASE NOTE: The information provided is intended as a guide only and does not replace the Competitions Rules and Manuals.

JUDGING CRITERIA

1. Prior to the competition, participants are provided with a hypothetical scenario which will require them to use their legal knowledge and skills to prepare written submissions in support of their argument. Each team will then share their submissions with the other side.

2. Each team will allocate two members, known as senior and

ORGANISATION OF PRESENTATION

COMPETITIONS GUIDE

STRUCTURE

Competitors should be able to clearly present a clear and logical argument that touches the relevant laws, test and legal principles.

Marks are awards for neat and orderly structure.

junior counsel, to present their side’s oral submissions to the judges.

3. Throughout this speaking time, judges will periodically interrupt speakers to clarify aspects of their team’s argument.

This is a great opportunity for competitors to demonstrate their knowledge of the law and their understanding of its relevance to the scenario at hand.

DEVELOPMENT OF ARGUMENT Assess how competitors have engaged with the specific area of law by noting if relevant tests and principles have been applied to the relevant facts. Here competitors should seek arguments which are adaptable and anticipatory to opposing arguments.

4. Once both the appellant and respondent teams have finished presenting their arguments, the judges will retire to consider the results of the competition. Then, once the results have been

QUESTIONS FROM THE BENCH

announced, feedback will be provided to competitors.

Judges seek competitors who engage with their comments,

TIPS & TRICKS

use this as an opportunity to both clarify and integrate their arguments, but also take lead of the conversation where necessary to avoid potentially irrelevant or distracting questions.

Preparation is imperative in mooting, and you should be doing a hefty amount of research when building up your argument. It is important to consider what the legal issues arising are and aim to find recent and influential decisions to support your case. It is also recommended that competitors think about the contentious issues within the question, and draft potential responses to questions asked by the bench.

Summarise Your submission must be founded in statute and your cases. common law. Making a case summary is a great way

MANNER AND EXPRESSION The aim of mooting is not simply to force through your arguments as these are already presented in your written submission.

Competitors who can engage with questions and concerns from

ADVOCACY

Do your research.

questions, and views. It is highly recommended that competitors

the bench while respectfully explaining their submissions will receive higher marks. The focus is on how easily competitors can express themselves and others.

to make sure you understand its legal relevance and

Read the question carefully!

gives you an easy reference point for revision.

WRITTEN SUBMISSIONS

Another important thing to consider is the factual

Submissions which concentrate on covering the issues presented

scenario. While understanding the relevant law is

in a well-structured argument that demonstrate research skills

important, being able to apply it to the factual scenario

show a higher degree of preparation and skill. Submission should

approp-riately is crucial. Being able to identify the

be clear and succinct yet still be easy to follow.

minor details within the factual scenario is essential for persuading a judge and in turn, success in mooting.

Read and understand the mooting handbook. This will help you to understand the process of the moot and the guidelines and etiquette you must abide by.

Signpost.

Think about this in terms of making it easier for the judges to understand and follow your argument.

Judges shouldn’t be looking at your written submissions in confusion, but rather concentrating on what you are presenting. Thus, it is recommended that you take the effort to outline and indicate your arguments at the beginning of your submissions.

Lastly, keep While we’ve all heard it before, practice is the best way mooting! to learn. You may not have performed as well as you would’ve hoped in some competitions but use that as your drive to learn more and succeed in future moots!

For more information, please refer to https://www.muls. org/competitions-resources.

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COMPETITIONS GUIDE

MOOTING TIPS & TRICKS 01.

Know the General Rules of Mooting.

It is strongly recommended to go through the Mooting Handbook and the General Rules of the specific moot you are interested in. You should familiarise yourself with what to expect in the competitions, rules and regulations concerning written submissions, oral arguments, structure, teams and other important information.

02.

Know the facts!

You can never read the facts ‘too many times’.

Even if you have a good understanding of the

facts, there might be ideas, arguments or small details that may work in your favour, that you do not notice the first time you read it.

03.

MOOTING TIPS AND TRICKS

good grasp of what the hypothetical is about. Do not be concerned with adding the relevant law or case law just yet. Who are the parties involved? What is the context of the hypothetical? What is the relationship between the two parties? What are the main issue/s? What are each parties’ arguments?. You may want to annotate it or highlight information that is important.

Once you have a good understanding, then go through the hypothetical with a fine-toothed comb. You can ask the following questions:

• Are there any holes / missing information that could work in my favour? Or even the opposing team’s favour?

•

Which specific facts are relevant to what you

In applying the relevant bits of law to the facts provided, you must make sure that you are providing the correct,

specific section of the legislation you are using. You may also want to consider, if the terms in the specific section of the legislation you are using have been defined in the statute or have particular sections been interpreted by cases. When using cases you may want to consider:

• What is the current point of law?

• The facts, ratio, orbiter and judgement of the case.

Make sure you have a holistic understanding of the case.

• Was there a unanimous decision? If not, what was the minority, dissenting opinion?

• How was the law applied in the case?

• Did this case follow a precedence, or if this case served a precedence in another case.

•

When you first receive the facts, make sure that you get a

Know the law.

Did it confirm/overturn a precedent? Did this case

challenge authority?

04.

Consider the other team’s thinking.

When you are preparing for mooting, you might think about what the other side is likely to argue. Further, you may consider what case law works really well for the other team and how we can make that work in your favour.

05.

Time + Structure in an Oral Submission = Your Best Friend!

want to argue?

You need to make sure that you are aware of the time when you

• How could you use case law to distinguish or

are practising your arguments. However, this does not mean that

show that the facts are similar? If they end up working in the opposing team’s favour, how could you rebut that?

• When the facts aren’t given, what does this mean for your arguments?

• What implications may and may not be able to be drawn?

you should speak extremely fast when you are presenting your argument to fit everything in the time. If you do this, it is likely that you will lose a sense of structure and may end up confuse the judges as they attempt to understand your argument.

Provide a clear and logical structure to your argument. You need to make sure that the judges can follow your structure and you are confident in your arguments, should they decide to intervene and ask questions about your submissions. If your arguments are poor, it may invite questions, and you might be trapped into agreeing to a series of things that is contrary to your original argument, if you haven’t thought about your arguments.

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One common mistake that is seen throughout moots is that

08.

Feedback is important!

Remember, judges are willing to give feedback and

use it to see what you did well to keep doing, and where you can

COMPETITIONS GUIDE

06.

Do not feel like you need to respond straight away when asked a question.

improve. The Judge may comment that you spoke too fast/too slow, your understanding of the law, formal court language etc.

when the judges ask a question, counsel tends to respond immediately, which may lead to not answering the judge’s question. Of course, there will be times where counsel may be able to answer the judge’s questions straight away (e.g. what were the facts of XYZ?).

09.

However, for more difficult questions, take a few seconds to process what the judge is asking. Maybe take a sip of water, clear your throat etc to process the information.

This will show the judges that you are taking the time to reflect the question that is being asked and attempting to answer the question correctly.

Do not use a written speech, get into the habit of using dot points.

Try not to use a written speech! I know it will be hard, especially when you’re competing for the first time, however, having dot points make it easy to have conversations with the bench. It also indicated to the bench that you are confident in the arguments you are making and if they throw a question to you, you can think

When you are expressing your arguments, explain your line of thinking to the bench in plain English. Try and simplify it for them to understand.

When you can, be responsive to the bench. Whilst it is okay to not respond straight away, and taking the time to think about how you would respond to the question, try not to say you would come back to their questions or you will be doing it later in the submissions. Remember,

speech, you could break eye contact and not engage with the judge.

10.

Keep a table of cases.

Keep a table on cases you research. You may want to highlight cases you are using, cases that confirm your

argument and keep in a table so all your research is organised.

Further, if you do this, when you receive the opposing counsel’s written, nothing will be of surprise to you. It is also recommended

MOOTING TIPS AND TRICKS

07.

Remember, you are having a conversation with the bench!

well on your feet. Further, if you are speaking off from a prepared

keeping a list of irrelevant cases so you don't have to check a case more than once.

the judges want to know the answers now, and not later.

DO’S R

DON’T’S W

•

• Don’t underestimate preparation and practice. In order to

Do create a schedule. This schedule might include days to

read the facts, days to do research, days to start draft, days to finalise, days to submit submissions, days to meet up etc.

• Do know your facts inside out.

• Do make sure to distribute work evenly — whether this be assigning people to research certain cases, practicing orals or drafting apart of their submission.

articulate your arguments well, you will need as much practice as you can get, this is the opportunity to reflect on what strengths and weaknesses you have in your argument and your execution of it.

• Don’t postpone answering questions from the Bench. Make sure to answer questions directly.

• Don’t feel like you have to answer questions from the Bench

• Do take a break. Competitions are a marathon not a sprint.

in a rushed manner. You can take your time to think through the

It is important to review work to prevent critical errors and

question and your answer.

avoidable mistakes.

• Don’t do an information overload in your written submissions. Your written submissions should be concise, judges love to see white spaces!

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COMPETITIONS GUIDE

PHRASE BANK This phrase bank is from the following document: General Mooting Manual.

“May it please the Court” Use instead of: “Um”; “Ladies and Gentlemen”;

A polite introductory phrase used at the beginning of submissions, in between submissions and at the conclusion of the oral submissions.

“Good Afternoon” etc.

“Your Honour”

To address a judge.

Use instead of: “Sir”; “Madam”; “You”

“My learned friend”

To refer to the opposing counsel, e.g.

“My learned friend suggested that there was no duty of care. However, we submit . . .”

Use instead of: “My opponent”; “The opposition”; “him/her”; he/she”; “my colleague”; “John/Jenny”.

PHRASE BANK

“My learned senior/junior”

/

Use instead of: “My colleague”; “John/Jenny” etc.

“We submit” Use instead of: “I/We think”; “I/We feel”; “I/We believe”; “I/We would argue.”

“I cannot assist the court on that matter”

“My learned Co-Counsel” To refer to your co-counsel.

To introduce any submission, point or argument. e.g. “We submit that Mr. Smith N.B. Do not say breached his duty of care.” “counsel submits.”

Where you do not know an answer to a question.

Use instead of: “I don’t know”; “I’m not sure”; “um....”

“I will now turn to my first/next submission” Use instead of: “My first point is...”; “the first/ 22

next thing I wish to say is...”

To introduce a new submission.

N.B. Use sparingly if at all, it is your role to be prepared to answer the court’s questions!

Use instead of: “I disagree”; “You’re wrong.”

“If I could be heard for a moment longer...”

Use instead of: “I need to finish my point”; “I have not finished”

“If your Honour is content to accept that without further submission” Use instead of:

To correct the bench or disagree with them, e.g. “with respect your Honour, that is not correct/not our submission.”

COMPETITIONS GUIDE

“With respect, your Honour”

Where the judge is pressing you to move on but you are not ready to do so or you have not finished your submission, e.g. “your Honour, if I could be heard for a moment longer on the point of breach of duty, we submit...”

Where a judge agrees with the submission and does not need to hear more, e.g. “If your Honour is content to accept without further submission that there was a breach of duty, then I will now turn to my submission on causation.”

“Okay, if your Honour is PHRASE BANK

happy with that, then...”; “Um, ok then.”

“I withdraw that” Use instead of: “Oops...”; “Sorry”; “Can I take that back”; any swear words

To retract an incorrect statement. e.g. “your Honour, in that case the High Court held – I withdraw that – the Court of Appeal held...”

etc.

“I don’t press that point” Use instead of: “Oh well, when you put it that way . . .”; “Don’t worry about that point, your Honour.”

“I embrace/ adopt that” Use instead of: “I agree”; “That’s right, your Honour”.

A graceful way of making a concession, after the judge has revealed weaknesses in your argument, e.g. “your Honour, I don’t press that, but I would move to my alternative submission which is...”

Where you agree with a comment the judge has just made, e.g. Q. “It seems to me that she fails on a ‘but for’ analysis”; A. “I adopt what your Honour says and this is why we submit the ‘normative’ test should be rejected.”

N.B. If the point is essential to your case, you cannot concede this point!

Please note that the information provided here in this Guide is not a replacement of the MULS Manuals for Moots. For more information about the Rules and Regulations about Specific Moots and General Manuals, please refer to the link: Competitions (Resources) — Macquarie University Law Society

23

COMPETITIONS GUIDE

FOUNDATIONS OF LAW MOOT OVERALL COMMITMENT: MODERATE COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

FOUNDATIONS OF LAW MOOT

Prerequisites: First year LLB or JD Student who has completed LAWS1000

If you are a first year law student you are eligible to compete in the Foundations of Law Moot! This moot is a fantastic opportunity for students who have no experience with mooting but want to get involved. It is specifically designed to expose students to mooting in a supportive, but competitive environment, which encourages learning and skill development.

If you are a first year law student you are eligible to

Workshops are also run before the moot so you can

further final rounds and culminating in a grand

feel comfortable in written submissions and how to

final round accessible to friends and family!

of Law Moot! This moot is designed for first-year law students to gain exposure to competitions in a supportive setting. It is a gentle introduction to mooting with the research materials provided to you and a number of preliminary rounds to focus on improving your skills. It also acts as a great way to develop your professional advocacy skills with your peers. The competition is structured with a set of three preliminary rounds, followed by two

orally present. Mooting in general, allows law students to react to hypothetical questions and use statutory interpretation, legal writing, and reasoning.

You can have teams of 2-4 with the competition

“Mooting is challenging but ultimately rewarding and develops skills that are essential throughout all areas of law and life.“

structured with three preliminary rounds, followed by further final rounds and of course the grand final round, where friends and family can join and watch

• No prior university mooting experience • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

the end of the competition. Mooting is challenging but ultimately rewarding and develops skills that are essential throughout all areas of law and life.

GRAND FINAL WINNER 2022 Anastasia Musoclino

1. What preparation did you undertake prior to the

team and I would try and get as much done in the

commencement of the competition? How did you

first week as possible, so that in the second week we

allocate your time during this process?

would just have to present and then could catch up on

Before doing the Foundations of Law moot, I had no idea about what mooting was. In the preparation prior to the competition, I found it was useful to watch videos of moots on Youtube to visually see how it worked. In addition, reading the materials given by the Foundations of Law Moot Executive is also important as it includes examples of written submissions and details the rules and language use. I would do this preparation in small chunks either at the end of my day, or as breaks from study. My team and I would also then have a group call and present our findings to each other.

any Uni work that was needed. Mooting is a big time commitment, but it is definitely achievable if you split the work up evenly with your team, and write out a list of tasks to do every day so that you aren’t replacing Uni time with mooting, but rather creating breaks in your Uni work or between classes to work on the moot. It won’t be easy, and mooting may sometimes take more time than it should but you will fall into a routine as the competition goes along!

3. What was the most difficult or unexpected aspect of the competition? And how did you overcome it?

2. How did you manage your other commitments

The most difficult element of the competition for me was

with your competition schedule?

the questions that could come from the judge/s during

As the competition rounds are fortnightly, it is best to plan ahead and know that the bulk of your research will have to be done in the first week, and then the oral will 24

compete in the Herbert Smith Freehills Foundations

most likely be put together in the second week. My

the moot. Unlike public speaking or debating, judges will stop you mid speech and question the validity of your argument! Whilst this is clearly an intimidating spot to be in, I overcame it by remembering that the

COMPETITIONS GUIDE Anastacia Musoclino — 2022 Foundations Law Moot

only needed to do half/a third/a quarter of the preliminary

and are just trying to see how you bounce back from

work (depending how many are on your team). everyone

difficult questions rather than seeing if you can give the

had a chance to write and present an oral. Finally, everyone

‘right’ answer. A deep breath, asking them to word the

helped write the written submission. Sometimes we would

question in another way, or the worst case — politely

just do a few submissions each, or where we could, we

saying you are unable to answer the question, can go

would call and write it altogether.

a long way!

4. How has this competition aided in your professional

6. What is one tip you wish you knew as a first-

or personal development, especially throughout your

time competitor?

first year of studies?

Mooting is as close as you will get to court litigation during University, with the benefit of not having a real client counting on you! It is highly valuable as it enables you to perfect your research skills, confidence in explaining an argument, and also become familiar with writing good submissions which are always used by litigating lawyers. This was especially valuable throughout my first year of studies as it made me a more efficient researcher which was reflected in my class assignments,

“Judges know you are not fully experienced in the law yet, and are just trying to see how you bounce back from difficult questions rather than seeing if you can give the ‘right’ answer.”

as well as force me to recall and apply the

As a first-time competitor, I wish I knew what a moot actually looked and sounded like. While this sounds super basic, simple things like the order of speakers, introductions, formalities, and language use were completely foreign to me! It was really daunting and hard to visualise the competition I was walking into — where I was unsure of how to refer to the judges or my teammates, as well as how to translate our written submission points into a formal and fleshed out oral presentation.

So, my tip is to just watch moots on YouTube,

fundamental ideas taught in the Foundations

or come along to our moot demonstration during

of Law unit.

O-Week to see first-hand what it looks like! The more

5. How did you ensure that you and your teammate(s) were operating efficiently?

the layout of a moot

judges know you are not fully experienced in the law yet,

FOUNDATIONS OF LAW MOOT

familiarise yourself with

familiar you are with the layout of a moot, the easier it is to walk through it yourself when the rounds begin.

Working in a team can be a challenge at the best of times, but instilling a routine early on that makes the workload as even as possible is crucial to the longevity and success of the team. What worked well for us was to create a few case briefs each from the prescribed cases, and then share the findings with each other. This meant that each person

“Instilling a routine early on that makes the workload as even as possible is crucial to the longevity and success of the team.”

25

COMPETITIONS GUIDE

GRAND FINALIST WINNER Ella Bennett

1. What preparation did you undertake prior to the

4. How has this competition aided in your professional or

commencement of the competition? How did you allocate

personal development? Especially throughout your first year

your time during this process?

of studies.

In the first round, we assigned different cases for each group

The competition has significantly helped me improve my confidence

member to read and write case briefs so that we could easily refer

in public speaking and research skills. These are imperative skills

to the cases in future rounds. Additionally, for each subsequent

that will be required throughout my degree and into my career, so

round, we would allocate who the two counsels were, something

having a head start in improving and applying these skills in a mock

that cycled each round to allow everyone to speak. In terms of

court environment is very helpful.

allocating my time, I set aside my evenings to work on the oral 5. How did you ensure that you and your teammate(s) were

presentations.

operating efficiently?

2. How did you manage your other commitments with your competition schedule?

We would allocate time at least twice a week to work collaboratively on a call or in person, on any task that needed completion. This

There were multiple times when the competition would be held at

allowed us to stay on track with what needed to be done so that

times that interfered with pre-existing commitments. Sometimes

nothing was forgotten. Additionally, we would make checklists to

these clashes are unavoidable. To manage this, I would change my

ensure everything that needed to be completed was completed.

usual working time to fit around the schedule. If an assignment’s due date clashed, I just ensured my assignment was completed

6. What is one tip you wish you knew as a first-time competitor?

and submitted earlier, which is good practice, anyway.

You only need to read a case once. Once you have read it (and

3. What was the most difficult or unexpected aspect of the competition? And how did you overcome it?

opposed to reading the whole case again. It is a massive time saver and allows you to find supporting, or opposing, arguments much

FOUNDATIONS OF LAW MOOT

An unexpected aspect of the competition was the different judging

faster, whilst refreshing your memory on the case.

styles. Some judges would bombard you with questions whereas others would rarely interrupt you. For the judges that would always ask you questions, sometimes those questions would lead you away from your argument. To overcome this, we had to learn to take control of the questions and lead the judge instead of being led by them.

learn to take control of the questions lead the judge

26

taken notes), in future rounds, use keywords to search the case as

instead of being led by them.

2022 Foundations Law Moot Champions

Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • Second-year or above LLB/JD Student who has not competed in Moots before and has not done Foundations of Law Moot • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

The Novice Moot is the perfect competition for students who are in their second-year or higher that have not competed in previous mooting competitions. This competition is an introduction to mooting and is great for students to gain experience before they graduate.

The competition is broken up into two questions.

During the preliminary rounds, competitors are presented with a Criminal law question and during the final rounds, competitors are presented with a Contract question.

GRAND FINAL WINNER Amelia Dorey

1. What preparation did you undertake prior to

difficult aspect was easy team communication. We

the commencement of the competition? How

came into this competition as friends who were very

did you allocate your time during this process?

familiar with one another, but even so, working

I’ll be honest, I came into this competition fairly

together as a team presented a new challenge. This

unprepared! I knew that I wanted to try mooting

experience of balancing friendship with ‘business’

before the end of my degree but I didn’t even know

will inevitably help us in our future careers.

what a moot entailed, just that others had sung

4. How has this competition aided in your

its praises and labelled mooting critical to career development. All I did in terms of preparation was watch a Harvard Moot on YouTube — my teammates really carried me in the beginning haha!

2. How did you manage your other commitments with your competition schedule?

professional or personal development?

This competition was huge for me, professionally

NOVICE MOOT

OVERALL COMMITMENT: MODERATE COMMITMENT

COMPETITIONS GUIDE

NOVICE MOOT

and personally. While mooting obviously looks good on your CV, it was much more than that for me. This moot reignited my love in the law and sparked an interest in court advocacy! It has potentially altered my future career plans and that excites me.

As this semester was my last, with

“A moot is simply meant 5. How did you ensure that you and your teammate(s) were operating ensure my grades remained a priority. to be a conversation efficiently?

This meant that balancing my moot between the bench preparation and competition rounds and counsel you want, Three tools were key to our smooth operation: our group chat, our shared with study and other commitments albeit a formal one.”

Google doc, and videocalls (if we weren’t wasn’t easy — ­ especially as we had all my units being law units, I had to

able to meet in person)! The centrality of

assumed that we would be eliminated in the early rounds, just in time for mid-sem

these tools is just a testament to how important it

assessments. I found that the moot, though time-

is that everyone is on the same page, with clear and

consuming, actually spurred me on in my studies.

regular communication being the main facilitator

On top of preparing together, my mooting team

of that.

also studied together, keeping each other accountable for our assessments. Essentially, we managed by working hard together!

6. What is one tip you wish you knew as a firsttime competitor?

A moot is simply meant to be a conversation between

3. What was the most difficult or unexpected

the bench and counsel you want, albeit a formal one.

aspect of the competition?

Therefore, it’s best to go in without a script (you just

While the workload was a lot and we hadn’t expected to progress to the final rounds (with the competition, therefore, stretching the entire semester), the most

have to know your stuff) and be prepared for lots of questions!

“It’s best to go in without a script! (you just have to know your stuff!)”

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COMPETITIONS GUIDE 2022 Novice Moot Champions

GRAND FINAL WINNER

NOVICE MOOT

Jaeyoung Kim

1. What preparation did you undertake prior to the

4. How has this competition aided in your professional

commencement of the competition? How did you

or personal development?

allocate your time during this process?

In my opinion, mooting is a big green flag when it comes

Before the competition even started, I prepared by

to job applications. Every interview I have had since partic-

watching some moots. I went to see the Championships

ipating in the moot has asked me about my experience

Grand Final Moot which helped me understand the

during the moot. I believe this is because mooting is

formalities and procedures of a moot. It really helped

much more than just a mock trial. When you participate

me ease into my first competition and what to expect

in a moot, you learn how to work in teams, how to resolve

from it.

conflict, how to manage multiple tasks at once, how to do legal research, how to take criticism and learn from

2. How did you manage your other commitments with

it, and much more. These were all beneficial to my

your competition schedule?

professional and even personal development, as job

Throughout the competition period, we all had difficulties

recruiters look for these skills in their applicants.

finding and making time to work on the moot together.

We typically met up in-person a day before the actual competition day to talk things through,

5. How did you ensure that you and your teammate(s) were operating efficiently?

“It’s not about who can speak the loudest, the most I personally was studying four law units, confidently or arrogantly — working, engaging in student societies, volunteering, and on top of that, preparing those who speak the most for the moot. I found that being lazy or respectfully and slowly speak procrastinating wasn’t an option for me, the best.” and the rest was during our own time.

so I ensured to use my time diligently

and effectively (while taking breaks, of course).

Our team was able to operate efficiently by allocating equal distribution of work.

It really helps with team morale and team efficiency if everyone does equal amounts of work. Often times, however, this was not the case for us. If one person had more capacity than another person, then

they usually took on additional work — but when this happens (and is likely to happen) it’s always best to

3. What was the most difficult or unexpected aspect

acknowledge and thank that person for carrying a bit

of the competition?

more workload.

The most difficult (and unexpected) aspect of the

6. What is one tip you wish you knew as a first-time

competition was team communication. We learned that communication within the team was one of the most — if not the most — important thing when it comes to a moot. Lack of communication really hindered our team dynamic and collaboration, but thankfully, we were able to talk things through, set our expectations in regards to communication, and slowly our communication skills got better.

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“communication within the team is one of the most important things in a moot.”

competitor?

One tip I wish I knew as a first-time competitor was that — despite all the law TV shows and movies — speaking in front of a judge is not about who can speak the loudest, or the most confidently or arrogantly. It was quite the opposite. We found that those who spoke the most respectfully and slowly (and with a warm tone) were the ones that spoke the best. Of course, being confident is always good since it shows that you know what you are talking about, but being respectful to the judge is more important.

Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • Completing or completed LAWS2000: International Law • Completed Foundation of Law Moot or Novice Moot • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

The International Humanitarian Law Moot is a perfect opportunity for students who have completed LAWS2000, International Law, and wish to expand and challenge their knowledge through the practical application of mooting.

In its second year the IHL allows participants to practice legal research of fundamental treaties, customs, responding to complex legal arguments and general concepts of international law.

With a focus on international criminal law, students are likely to engage with topics such as war crimes, crimes against humanity or conduct during armed conflict. This competition is perfect for students who want to challenge themselves and get a taste of other prestigious international law competitions such as the Phillip C. Jessup International Law Moot Competition.

GRAND FINAL WINNER Sami Shamsi

1. What preparation did you undertake prior to the

from international courts (such as the International

commencement of the competition? How did you

Criminal Court or ad hoc tribunals) which may be

allocate your time during this process?

relevant to that area of law. I found researching

This moot is rather unique since it focuses upon

into and understanding this case law to be the most

an area of international law, and requires extensive research at the start to understand the topic area. In particular, I found a substantial amount of time being

time consuming element of this competition, but also the most rewarding, as reading the individual case judgements undoubtedly helped bolster and

allocated towards understanding existing case law

differentiate my arguments.

relevant to this area of law, alongside researching

4. How has this competition aided in your

the relevant international instruments which are key

professional or personal development?

to building one's arguments. I found working alongside teammates to allocate sections of research the best way to cover our bases and manage our time effectively.

INTERNATIONAL HUMANITARIAN LAW MOOT

OVERALL COMMITMENT: MODERATE TO HIGH COMMITMENT

COMPETITIONS GUIDE

THE INTERNATIONAL HUMANITARIAN LAW MOOT

“Know the importance of I believe this competition further being confident in your developed my understanding of abilities and knowing the international humanitarian law through the research process required for this relevant law well.” moot which I found invaluable.

2. How did you manage your other commitments

5. How did you ensure that you and your

with your competition schedule?

teammate(s) were operating efficiently?

Depending on the number of competitions you do, I

As a team, we set regular deadlines for research and

find the best way is to regularly put in time towards

preparation of submissions to ensure we kept on

your competitions to stay on top of it all. This may be

track and efficiently worked towards goals. We also

working on your submissions once every few days, or

embraced a collaborative approach in proofing each

working on preparation for a competition every night

other's research and speeches throughout.

for an hour, as it helps maintain a regular approach and avoid any last-minute rushes.

3. What was the most difficult or unexpected aspect of the competition?

6. What is one tip you wish you knew as a firsttime competitor?

I wish I knew the importance of being confident in your abilities and knowing the relevant law well.

Since international law has existed for an extensive

Speaking confidently to judges knowing you can

time period, there is an abundance of precedent

answer any question thrown at you, is all you need.

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COMPETITIONS GUIDE

SUBJECT-BASED MOOTS 1. CONTRACT AND CRIMINAL LAW MOOT OVERALL COMMITMENT: MODERATE TO HIGH COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

CONTRACT AND CRIMINAL LAW MOOT

Pre-requisites: • Opening to all LLB or JD Student with prior mooting experience • Completing or compeleted LAWS1200: Contracts (Contract Law Moot) or LAWS1300: Criminal Justice (Criminal Law Moot) Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

MULS’ subject-based moots are designed to provide a challenging yet rewarding experience for students wishing to develop their written and oral advocacy skills.

The competitions focus on specific areas of law, such as criminal law and contract law, which allows participants to put into practice the knowledge and skills they have learnt within core units of their

These moots also provide competitors with an opportunity to work with other high achieving law students and network with legal professionals.

While all students are eligible to compete, these competitions are ideal for students who have prior mooting experience.

2022 WINNER OF THE CRIMINAL LAW MOOT Farrah Mikhail

1. What preparation did you undertake prior to the

4. How has this competition aided in your

commencement of the competition? How did you

professional or personal development?

allocate your time during this process?

This competition has helped me adopt a stronger

Our preparation consisted of researching the law, drafting our written submissions and practising our oral submissions. We spent most of the time leading up to the first couple of rounds working on our written submissions and making sure that we understood all aspects of the relevant law properly. Then, in the lead up to the final rounds, we spent most of the time improving small parts based on feedback, and coming up with ways to respond to the other teams' submissions.

2. How did you manage your other commitments with your competition schedule?

I naturally find myself prioritising mooting competitions as I find them a lot of fun. However, to manage my time appropriately, I made an effort to work on it consistently for short periods at a time in the couple of weeks leading up to the due date for written submissions.

3. What was the most difficult or unexpected aspect of the competition?

The most difficult aspect was managing our time well. I hadn't competed in a criminal moot before and so I was not very familiar with the material, and my teammates hadn't competed in a moot before, so

30

law degree.

there was a lot to learn in a short period of time.

logical and analytical approach to legal issues. The feedback each round helped me understand what sort of arguments are received well.

5. What is one tip you wish you knew as a firsttime competitor?

I wish I understood that I don't have to, and it is best not to, answer questions from judges quickly. In the middle of a moot, you can feel pressured to rush your answer to get it over with. However, it is best to take as much time as necessary to properly consider the question to make sure you give an effective answer in a calm manner.

“It is best to take as much time as necessary to properly consider the question to make sure you give an effective answer in a calm manner.”

COMPETITIONS GUIDE

2022 CRIMINAL LAW MOOT GRAND FINALIST Sharni Selzer

1. What preparation did you undertake prior to the

4. How has this competition aided in your professional or

commencement of the competition? How did you allocate

personal development?

your time during this process?

This competition has aided me in my professional development

In preparation for the Criminal Law Moot, we carefully read the

by providing me with the opportunity to hone my mooting skills.

hypothetical, noted key issues, researched relevant cases and legislation and drafted a rough outline of how we would approach the moot. We allocated a couple of hours per week after class to brainstorm ideas and then refined our arguments individually.

It helped me to realise that I love the adrenaline rush that comes from being put on the spot and challenged to defend my argument. The competition also enabled me to meet so many wonderful like-minded people who have encouraged me in my studies and mooting.

2. How did you manage your

“Be over-prepared rather than under-prepared. Complete case competition schedule? summaries, have the relevant I definitely kept a very structured diary — at legislation on hand and be sure times it felt like my life was planned out to the minute. My work, volunteering the MULS every single argument you have executive commitments were my priority and is supported by fact and law.” other commitments with your

I had to just let my moot preparation fill the gaps. If I was waiting somewhere, I would be reading a case, if I was on the train, I would be tearing apart the opposition’s written response.

3. What was the most difficult or unexpected aspect of the competition?

CONTRACT AND CRIMINAL LAW MOOT

2021 Criminal Law Moot Grand Finals

5. How did you ensure that you and your teammate(s) were operating efficiently?

To ensure our team was operating efficiently, we made sure to delegate tasks and set appropriate time limits. Clearly establishing expectations from the start of the moot saves a headache later on!

6. What is one tip you wish you knew as a first-time competitor?

One tip I would give to a first-time competitor is to be overprepared rather than under-prepared. Complete case summaries, have the relevant legislation on hand and be sure every single argument you have is supported by fact and law.

The Criminal Law Moot was the first moot I competed in after

Your judges may ask you specific questions about a reference.

the Foundations of Law Moot. The most unexpected part of the

Knowing the answer and being sure of it separates a good

competition was competing against older and more experienced

mooter from an average mooter.

students, some of whom had even judged me in my previous moot! I overcame my initial nerves and performed much better than I thought I would.

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COMPETITIONS GUIDE

2. DIVERSITY/PRIDE MOOT OVERALL COMMITMENT: MODERATE TO HIGH COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • Opening to all LLB or JD Student with prior mooting experience • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

The Diversity and Pride Moot has returned for a third year, reflecting MULS’ ongoing commitment to equality and representation throughout our society and its initiatives. This competition will be hosted with a focus on issues affecting the LGBTQIA+ community. Areas of law touched by this competition may include workplace discrimination, marriage and relationships, and family law.

This competition is a great stepping stone towards competing at an intervarsity level, with the Australian National University hosting an intervarsity Gender Identity and Sexuality Moot in September each year which is opening to law schools across Australia and

2022 Diversity/Pride Moot Champions

New Zealand.

DIVERSITY/PRIDE MOOT

WINNER OF THE 2022 DIVERSITY/PRIDE MOOT Jaz Cremen

1. What preparation did you undertake prior to the

4. How has this competition aided in your

commencement of the competition? How did you

professional or personal development?

allocate your time during this process?

Going into any area of law, team work and research

The problem question kindly gave us some recom-

skills are important. Mooting is a great way to develop

mended readings, so I started by reading those. I

these skills whilst you are at university. Advocacy

then did some more basic research (Halsbury’s

skills are also very important, even if you don’t want a

Laws of Australia on LexisNexis is the best resource)

career in advocacy. This is because the ability to speak

and started drafting our submissions. As for time

and write clearly is important in all career paths.

allocation, I largely used my spare time to draft the written submissions and my oral submissions.

2. How did you manage your other commitments with your competition schedule?

Like all university commitments, scheduling is vital. I have a calendar where all my commitments, including due dates for written submissions and the date and time of each round are clearly set out and I can plan accordingly.

3. What was the most difficult or unexpected aspect of the competition?

Reading the question for the first time and finding out it was on family law! I had no prior family law knowledge. However, this is one of the joys of mooting — getting to learn about an area of law that is entirely 32

new to you.

5. How did you ensure that you and your teammate(s) were operating efficiently?

I was in a team of four, so we divided into pairs and worked on one problem each. I recommend a shared Word document for drafting your submissions so you all keep your formatting consistent and can see what each other has written. I was lucky to be on a team of seasoned mooters, so I could just trust that everyone was doing their part!

6. What is one tip you wish you knew as a firsttime competitor?

Practice moots are probably the most important form of preparation you can do.

Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Prerequisites: • Opening to all LLB or JD Student with prior mooting experience • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

In previous years, MULS has hosted the Tort Law Mooting Competition to give students an opportunity to experience an aspect of Private Law advocacy beyond Contract Law. In recognition of student interest, MULS is transforming the Tort Law Competition into a Private Law Moot.

This will expand the areas of law that may be explored to include Equity and Trusts and Corporate Law. The Private Law Moot will have a strong commercial focus and require students to grapple with challenging points of appeal.

This competition is perfect for more senior students wishing to tackle more complex factual scenarios and in depth legal research.

Similar to other subject moots, Preliminary rounds will be hosted online fortnightly and the finals will be hosted in person during Semester Two. PRIVATE LAW MOOT

OVERALL COMMITMENT: MODERATE TO HIGH COMMITMENT

COMPETITIONS GUIDE

3. PRIVATE LAW MOOT

2022 Private Law Moot Winners

2022 Private Law Moot

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COMPETITIONS GUIDE

CHAMPIONSHIP MOOT OVERALL COMMITMENT: HIGH COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • Opening to all LLB or JD Student with prior mooting experience • Teams consistent of 2-4 students, with 2 students being counsel and the other instructing solicitors

The Championship Moot is aimed at students who have demonstrated success in mooting and are looking to engage in a mooting competition of a higher level.

Competitors can be questioned on various areas of law such as, contract law, criminal law, tort law, constitutional law ect. This competition is only available to those who have demonstrated previous experience and will run in Semester Two, 2023.

2022 Championship Moot Winners

2022 WINNER OF CHAMPIONSHIP MOOT Joshua Gracie 1.

What preparation did you undertake prior to

CHAMPIONSHIP MOOT

the commencement of the competition? How did

developed skills and knowledge in doing so.

you allocate your time during this process?

In order to prepare for the championship moot, my team undertook thorough research of the relevant

4. How has this competition aided in your professional or personal development?

case and statute law, constructed detailed written

The Championship Moot, along with all other comp-

submissions, and prepared and practiced oral subm-

etitions I have taken part in significantly developed

issions. The preparation process, from receiving the

my professional skills. The formulation of written

question through to final preparations prior to the

submissions has cultivated my legal research and

opening round, spanned multiple weeks, which

writing skills, whilst the preparation of oral submi-

consequently made it essential to plan ahead and set

ssions together with taking part in the moot has

targets to ensure work was spread equitably across

developed strong oral communication skills. Mooting

the weeks and all deadlines were met.

also develops crucial soft skills such as teamwork,

2. How did you manage your other commitments with your competition schedule?

critical thinking, analytical and interpersonal communication.

Difficulty in balancing mooting with other commitments,

5. What is one tip you wish you knew as a first-

including work and study, can be a considerable barrier

time competitor?

to those seeking to participate in mooting. However,

Whilst it may seem daunting as a first-time competitor,

our team sought to manage this balance by splitting the preparatory work between teammates according to how busy each teammate was in the weeks leading up to the competition.

3. What was the most difficult or unexpected aspect of the competition?

The most difficult aspect of the moot was the question.

The Championship Moot question, as a non-subject specific moot, could concern a broad range of legal topic areas. The question our team was faced with concerned a specific and difficult area of administrative law. Despite the difficultly of the question however, 34

strong legal arguments to address the question, and

our team derived great satisfaction from formulating

given the speaking times and the amount of content you hope to get through, I would suggest against writing a speech for your oral submission and instead preparing some points so that you’re ready to have an sophisticated conversation with the judges. This gives you the best opportunity to address the specific issues the judges may have with your case and also assist you in meeting time limits.

KEY: BLUE - GENERAL COMMENTS RED - IMPORTANT GREEN - FORMATTING

COMPETITIONS GUIDE

MOOTING SAMPLE SUBMISSION

1

IN THE NEW SOUTH WALES COURT OF CRIMINAL APPEAL

BETWEEN: MISS PINK Appellant -AND THE QUEEN

MOOTING SMAPLE SUBMISSION

Respondent RESPONDENT’S SUBMISSIONS

COUNSEL FOR RESPONDENT: Senior Counsel: J Smith SC (20 minutes) Junior Counsel: S Johnson JC (20 minutes) Instructing Solicitor: T Williams

2

Part I: Orders Sought The respondent respectfully requests that: (i) The appeal be dismissed. (ii) The jury’s verdict of Miss Pink as guilty of murder be upheld.

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COMPETITIONS GUIDE

Part II: Summary of Agreed Facts A. After knowing each other for approximately two years, a disagreement arose between the appellant and the deceased in January 2016.

B. At the request of the deceased, the appellant visited his apartment on 20 January 2016.

The appellant claimed that the deceased threatened to kill him.

C. Within the next five days, the appellant purchased a firearm and kept it underneath the driver’s seat of his car.

D. On 25 January 2016, the appellant arranged a meeting between himself and the deceased. The appellant gave evidence that the deceased and two other men approached him, armed with a handgun, knife and baseball bat.

E. The appellant claimed that he was beaten by the three men. He then heard ‘shoot him, shoot him’ followed by a death threat. He claimed to have seen the deceased reach for his right pocket where he’d seen him put his gun earlier.

F. The appellant then retrieved his own gun and shot the deceased. The coroner’s report MOOTING SAMPLE SUBMISSION

determined that the deceased was shot five times at point blank range.

G. Witness statements regarding the timing of the shots were varied.

H. The appellant was convicted of murder pursuant to s 18(1)(a) of the Crimes Act 1900 (NSW).

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36

COMPETITIONS GUIDE

Part III: Outline of Submissions: Submission 1: The Crown negated self-defence beyond reasonable doubt.

1. The crown negates self-defence if it proves BRD that: Crimes Act (NSW) s 418-21; R v Katarzynski [2002] NSWSC 613 [22] (Howie J) (‘Katarzynski’); Aballah v The Queen [2016] NSWCCA 34 [61] (Meagher JA, R A Hulme, Bellew JJ (‘Abdallah No 1’). a. The accused did not believe his conduct was necessary to defend himself; and b. The action he took was not a reasonable response to the situation as he perceived it.

2. A subjective analysis of the first limb considering the whole of the circumstances draws the inference that the appellant did not believe his actions were necessary. deceased which exists throughout the incident: Colosimo & Ors v DPP (NSW) [2006] NSWCA 293 [19](4) (Hodgson JA) (‘Colosimo’) referencing Zecevic v DPP (1987) 162 CLR 645, 663 (Mason CJ, Wilson, Brennan, Dawson & Toohey JJ) (‘Zecevic’). i. The appellant purchased a firearm specifically for the use on the

MOOTING SAMPLE SUBMISSION

a. The appellant arranged the meeting with a premeditated intent to harm the

deceased, brought it to the meeting he initiated and left the car door open for easy access. ii. There had been a disagreement between the appellant and the deceased. iii. The appellant initiated the meeting despite having experienced the deceased’s aggressive nature. iv. The appellant decided to remain at the scene as the three armed men approached. b. The threat facing the appellant was not imminent as he did not see the deceased retrieve or point the gun at him. The lack of interference as he reaches into his car further reduces the imminence: R v Rogers (1996) 86 A Crim R 542, 545-6 (Gleeson CJ). c. It would have been in the appellant’s periphery to see whether the deceased was pointing the gun at him once he returned from the car. The lack of such 4

37

COMPETITIONS GUIDE

detail in his evidence draws the inference that the gun was not pointing at him.

Therefore, the appellant would have believed the risk had subsided. d. The appellant stretching out his arm so that the gun was at point-bank range is inconsistent with a belief that he needed to shoot the deceased in self-defence.

If such belief existed, he would have fired as soon as he was able to: Abdallah (No 1) [111]. e. The appellant had previously been subject to death threats from the deceased that were not followed through: Barber v DPP [2021] NSWDC 7 [21] (Abadee DCJ).

3. An objective assessment of the proportionality of his response to the situation as he perceived it infers that it was not reasonably necessary. a. There were other responses open to the appellant, such as taking shelter in his car: R v Abdallah (No 2) NSWSC 1515 [242] (Rothman J). b. Although the appellant is not expected to weigh precisely the exact measure of self-defensive action required, shooting the appellant five times at SECTION NAME

point-blank range is well beyond any reasonable necessity for defence, making it disproportional to the risk posed: Abdallah (No 1) [98]; Zecevic 662 (Wilson, Dawson and Toohey JJ). c. This is furthered by the fact that neither the deceased nor the other two men retaliated at all during the course of the appellant shooting the deceased five times.

5

38

COMPETITIONS GUIDE

Submission 2: The jury reached a reasonable verdict as the evidence provided was sufficient to prove the appellant’s guilt BRD. 4. The setting aside of a jury’s verdict on the ground that it is unreasonable is a serious step, not to be taken without regard to the advantage enjoyed by the jury over a court of appeal which has not seen or heard the witnesses. The jury’s advantage is of considerable significance in a case where there is conflicting evidence: R v Baden-Clay (2016) 258 CLR 308 [65] (French CJ, Kiefel, Bell, Jeane & Gordon JJ); MEN v WA [2020] WASCA 118 [407] (Quinlan CJ & Beech JA); Criminal Appeal Act 1912 (NSW) s 6(1).

5. Appeals such as this proceed on the assumption that evidence is assessed by the jury to be credible and reliable: Pell v The Queen [2020] HCA 12 [39], [44].

mean that the verdict of guilty was not open on the same body of evidence: El Badawi v The Queen [2021] NSWCCA 196 [94] (Campbell J).

7. To establish that the verdict was unreasonable and not supported by evidence, the appellant must establish that: a. The jury must, as distinct from might, have entertained a doubt about the

MOOTING SAMPLE SUBMISSION

6. The recognition that an acquittal was available on one view of the evidence does not

appellant’s guilt; and: Abdallah No 1 [105]; Libke v The Queen (2007) 230 CLR 559 [113] (Hayne J). b. Any doubt experienced by the court today could not have been resolved by the jury’s advantage: M v The Queen (1994) 181 CLR 487, 494 (Mason CJ, Deane, Dawson & Toohey JJ).

8. It was open to the jury to accept Mr Orange’s evidence and find that a delay had occurred. Any doubt that the court finds today could be resolved by the jury’s advantage: a.

Mr Orange’s evidence is consistent with the appellant’s evidence regarding the chase of Mr Green and Mr Red. It is also consistent with the coroner’s report regarding the number of shots fired.

6

39

COMPETITIONS GUIDE

b. Although Mr Orange was intoxicated, it is unlikely that his state would alter his experience of the events so greatly that he experiences a significant pause where there were none. This is especially so given that he recalled the abovementioned elements correctly. c. Mr Orange was a retired police officer and would have been exposed to similar situations during his career, thus increasing his ability to deduce the events that took place. d. Mr Orange was confident in his recall of the events, as opposed to Mr Purple who admitted he may have been mistaken and Miss Yellow who contradicted her own evidence. e. Therefore, it was plainly open to the jury to rely on Mr Orange’s evidence to find that there had been a delay.

9. A delay between the first three and the latter two shots establishes the basis for the jury to determine that the appellant did not engage in self-defence: Abdallah No 1 [118].

SECTION NAME

10. In the alternative, if the court is of the opinion a doubt ought to have been experienced regarding the timing of the shots which cannot be resolved through the jury’s advantage, it was open to the jury to rely on the appellant’s evidence to preclude self-defence: Abdallah No 1 [117], [121], [122].

7

40

Preparation time: This time includes research into the key rules of evidence and its relevant sections, practising and identifying the holes in your arguments (possible objections), preparing the witness Pre-requisites: • Opening to all LLB or JD Student • Completed or Completing LAWS3400 (Evidence) • No team, each competitor must prepare for and complete individually

The Witness Examination (WitEx) Competition provides students with the opportunity to act as a barrister in a civil or criminal trial.

It involves a shortened version of all the main components of a real trial; opening statements, examination in chief, cross-examination, and closing arguments.

Competitors are required to think on their feet, utilising witness testimonies to present a clear and consistent case based on the available evidence.

Competitors are required to balance the duties

Competitors are randomly allocated either the

of establishing credibility for their own witness

prosecution or defence side and provided a witness

and extracting further beneficial evidence, whilst

who will receive a witness statement prior to the

attempting to convey the inconsistencies of the

commencement of the round.

opposing witness during cross-examination.

STRUCTURE

Prior to the round starting competitors will be privy to a set of witness statements and the relevant law applicable to the trial. Competitors will also be presented in an opportunity to brief their witness for the trial.

Preliminary & Final Rounds

Grand Final Rounds

Opening by the Prosecution

2 mins

2 mins

Examination-in-chief by the Prosecution

10 mins

15 mins

Cross-examination by the Defence

15 mins

25 mins

Opening by the Defence

2 mins

2 mins

Cross-examination by the Prosecution

15 mins

25 mins

Summation by the Prosecution

3 mins

3 mins

Summation by the Defence

3 mins

3 mins

WITNESS EXAMINATION

OVERALL COMMITMENT: MODERATE COMMITMENT

COMPETITIONS GUIDE

WITNESS EXAMINATION

41

COMPETITIONS GUIDE 2022 Witness Examination Grand Finals

WITNESS EXAMINATION

TIPS AND TRICKS It is recommended that competitors focus on developing a strong case theory, ensuring that it is persuasive and plausible given the evidence provided by witnesses. Consider the fact that your opponent is seeking to destroy the credibility of your theory and while the case theory can be developed slightly in response to the evidence provided by the witness, it should be minimal.

Preparation of the Witness:

‘no’ answers. The focus should be on attempting to

Competitors should be careful that they are not

discredit both the evidence that is damaging to your

‘coaching’ the witness. The purpose of preparing

case theory and the witness themselves.

the witness is to ensure they fully comprehend

• The closing address focuses on summarising the

their involvement in the case. It is important to ask

entire case, with information extracted from both

questions derived from the statement as well as

witnesses and the cross-examination conducted

information not necessarily provided, to assess

• Re-emphasise your case theory and identify

your witness’s mindset and likely responses.

why what has come about during the trial, from

During Trial:

evidence. Be clear and succinct as this will be the

• Opening statements should be succinct, contain

both sides, supports your conclusion based on the last impression you make to the bench.

a summary of the facts, outline what needs to be proven, the relevant law and offer a general idea of what direction your argument will take.

• During examination-in-chief, utilise a natural conversational style to ensure the witness feels at ease while presenting their version of events and ensure you reinforce important details to increase a witness’s credibility. Use open-ended questions to facilitate the witnesses’ story, but do not encourage them to ramble or avoid the question.

• Questioning during cross-examination should be in a leading form, using questions which often 42

only require the witness to reply in simple ‘yes’ or

JUDGING CRITERIA

Judges will mark competitors based on their: • • • • •

Opening and closing statement Examination-in-chief and cross-examination Ability to develop a case theory Manner and expression of their argument Knowledge and application of Evidence Law

Due to the nature of the competition, preparation may vary from other competitions offered by MULS. First-time competitors are advised to watch past recording of grand final rounds to familarise themselves with competition etiquette and operation.

INITIAL PREPARATION Due to the nature of the competition, preparation may

• Prepare the Witness. This involves revising the facts of the scenario, practising questions asked during examination in chief, preparing the witness for cross examination and addressing any issue that may arise for witness statements. However, it is critical that you do not ‘coach’ your witness by providing them scripted answers or by encouraging them to change or invent new facts.

time competitors are advised to watch past recordings

DURING COMPETITION Appearances

of grand final rounds to familiarise themselves with

• Present yourself to the court with the statement,

competition etiquette and operation.

‘May it please the Court, my name is [full name]

vary from other competitions offered by MULS. First

COMPETITIONS GUIDE

PREPARATION FOR WITNESS EXAMINATION

representing the prosecution/defence in the case of

Competitors are provided the scenarios 3 hours during preliminary rounds, and 90 minutes before the commencement of the final rounds. Consequently, competitors should utilise this limited period of time to effectively process the witness statements provided, brief the witness and formulate their case for trial and identify key lines of questioning.

Competitors should: • Develop their case. This involves carefully analysing the statements of both witness and formulating case theory — ­ a narrative proposed to the court that is created around the your version of events.

Case theory should be established in the opening arguments, extracting important facts from your witness statements to create a strong impression.

Avoid complicated and convoluted narratives as this can create confusion with witnesses and prevent the bench from following your argument.

• Revise the relevant features of Evidence Law. This involves understanding which questions are permissible during examination, and how to object to questions and answers permissible under Evidence Law. After the introduction of case theory it is important to outline the law that is in contention with the relevant offence. The prosecution is responsible for introducing the charge, the relevant legislation and to outline the elements need to be satisfied

[case name].’

Examination in Chief • Using the statement ‘I call [witness name] to the stand’ will summon your client to the stand.

•

This occurs after opening statements and

Cross Examination.

SUMMARY: KEY RULES OF EVIDENCE

WITNESS EXAMINATION

BEFORE TRIAL

• Procedural Fairness — Rule in Browne v Dunn • Relevance — Evidence Act ss 55, 56.

• Hearsay Evidence — Evidence Act s 59 • Opinion Evidence — Evidence Act ss 76, 77, 78 • Character — Evidence Act ss 109, 110, 111 and 112.

• Leading the Witness (examination in chief only) — Evidence Act 37 • Evidence Illegally or Improperly Obtained- Evidence Act ss 137-9 • Badgering the Witness — Evidence Act s 41 Other Grounds for objection • General, vague or non-specific questions • Unintelligible or confusing questions • Duplicitous questions • Questions that assume facts not in evidence • Questions that are argumentative, oppressive or irrelevant.

for the conviction to be met. The opening should make express reference to the burden that must be discharged and why it is or is not met. The Defence as the counterpart should focus on the agreed elements and reference the differing standard of proof required.

43

COMPETITIONS COMPETITIONS GUIDE GUIDE

PROFESSIONAL SKILLS

PROFESSIONAL SKILLS SECTION NAME

WHAT IS PROFESSIONAL SKILLS?

44 44

Professional Skills Competitions are designed to help law students build all of the necessary legal skills that don’t involve trial advocacy. The competitions that fall under this banner include Client Interview, Negotiations, Paper Presentation and Alternative Dispute Resolution.

Participating in professional skills is a great way to develop a rounded skill set which will greatly develop your interpersonal communication and diplomacy.

PLEASE NOTE: The information provided is intended as a guide only and does not replace the Competitions Rules and Manuals. For understanding the Mooting Competition Rules and the nature of the Various Competition, please refer to https://www.muls.org/ competitions-resources.

Preparation time: It is not as intensive as mooting. Preparation time includes (but is not limited to) practicing active listening, including formalities, role playing.

The Client Interview competition focuses on the process of conducting an effective interview and extracting useful information from the client, whilst acting in the professional capacity of a lawyer.

HOW DOES IT WORK? 1. Leading up to the interview, all competitor teams

Pre-requisites: • No prior experience necessary.

• Junior Client Interview: Must be in first or second year for LLB/JD equivalent.

• Senior Client Interview: Must be third and above year for LLB/JD equivalent.

• Each team shall consist of two students.

would receive an Office Memorandum which would briefly describe the client’s problem in one to two sentences.

2. On the date of rounds, teams conduct client interviews.

3. The teams would be required to use their listening, questioning and practical thinking skills to extract information that is withheld by the client and to show a broad understanding of the problem that can be used to present alternative solutions.

4. After the conclusion of the Client Interviews, teams will assess their overall performance and identify their strengths and weaknesses while conducting a postinterview consultation with the judges.

5. Following both teams’ consultation with the judges, judges present the outcome of the round as well as constructive feedback to improve your interview skills.

6. This process will happen for each round of the competition and the teams with the best scores would proceed to quarterfinals, semi-finals and grand finals.

2022 Senior Client Interview

HOW TO PREPARE

P P P P P

Practice small talk.

Familiarise yourself with the Memorandum and how you would conduct the interview.

Brainstorm some questions to ask your client.

Practice with your partner.

Research alternate ways to resolve situations from different areas of law e.g. Alternative Dispute Resolution (ADR).

TIPS AND TRICKS

JUDGING CRITERIA

Practice with your partner to ensure you and your

The judges are provided with a specific criterion where they will assess you on your:

partner know which aspects of the interview you will each be covering. You can divide the interview as: •

Small talk, ice-breaking and introductions to

build a rapport with the client.

•

Identification of the client’s problem and goals

for the interview.

•

Questioning the client to gather information

and gain access to withheld information ­— use open and closed questions but ask them in a

CLIENT INTERVIEW

OVERALL COMMITMENT: LOW COMMITMENT

COMPETITIONS GUIDE

CLIENT INTERVIEW

• Teamwork • Ability to establish a rapport with the client.

• Ability to identify your client’s problem.

• Ability to deal with moral and ethical issues.

• Ability to provide alternative courses of action.

• Awareness of your strengths and weaknesses.

structured and logical way.

•

Discuss alternative ways of resolution.

•

Closing and summarising — make sure your

client knows what their and your next steps are.

45

COMPETITIONS GUIDE

STRUCTURE OF THE INTERVIEW

01.

PLEASE NOTE: The information provided is intended as a guide only and does not replace the Competitions Rules and Manuals. For understanding the Mooting Competition Rules and the nature of the Various Competition, please refer to https://www.muls.org/ competitions-resources.

The Consultation with the Client (The Interview) • The first 30 minutes are devoted to a consultation

• For body language, avoid fidgeting with your hands or with

during which the teams are expected to elicit the

anything in front of you as you want to show the client, your full

relevant information, outline the problem and propose

undivided attention.

a solution or other means of resolving the problem.

• Body language to include is maintaining eye contact, shaking

• Remember, you must make the client feel welcome.

your head when they are explaining to you their problem, shifting

Be conscious that you do not want your voice or body

your body in their direction so they know you are focused on them.

language to come off as intimidating.

• Remember to address the preliminary formalities including:

• With voice, speak with a consistent pace and if

• Your names and your role

needed, slow down so that the client understands

• Outlining that your goal for today is to

what you are saying. If you were to speak fast, this

help understand how they can help you.

would be perceived as you trying to get this over with,

• State that everything that is said during

rather than understand and empathise with the client.

the course of the interview will be private

• Remember to speak plain English! The client will

and confidential.

not have the same understanding of the law and its jargon as you will.

CLIENT INTERVIEW

02.

Post-Consultation (The Wrap up) • The judges will ask the competitor to leave the room, so the judge can ask the client about their experience with the team.

03.

Critique

• For five minutes, the judge will ask you questions about your performance to assist them decide who should win the competition.

• Once the five minutes is over, you will be invited back into the room and client will leave.

SAMPLE STRUCTURE: 30 MIN CLIENT INTERVIEW



1. Introduction and Formalities 5 MINS

Include:

11 MINS

Include:



• Your name and your teammate’s name

•

• Your role

structural guides to encourage a client to continue

• Small talk / ice breaking to build rapport

describing the problem.

• Aim for today

• Conclude this section by summarising the

• State that everything that is said during the course

client’s problem.

of the interview will be private and confidential

3. Information Gathering and Providing Solutions 11 MINS



Include: • Now that the problem has been identified, gather the information necessary to begin the resolution of the client’s problem.

• Once you are provided the facts and information, try and provide solutions (legal and non-legal) that 46

2. Initial Problem Identification

client can take as the next step.

Use open ended questions, active listening,

4. Conclusion

3 MINS

Include:



• Confirm everything your team and client have went through.

• Identify any uncertainties / anything you didn’t go through just yet.

• State the actions that will be undertaken by the solution and what will be done by the client to avoid any miscommunication and builds client confidence.

DON’T’S W

• Do your research. You may want to watch finals of client interviews on

• Don’t interrupt the client when they are speaking. Let the client speak

youtube to see how you would need to present yourself, or you may to read

as much as they want. To show that you are listening, you may want to

certain guides and websites to help best prepare for the round.

take notes.

• Do add post-meeting next steps at the end of the interview.

• Don’t ask multiple questions at once. Multiple will likely confuse the

At the end, you must clearly communicate what each party will do moving

client and may potentially lead to missing important information.

forward.

• Don’t disregard the client’s feelings. Acknowledge that it may be

• Do show that you empathise with the client’s circumstances.

difficult to reveal certain sensitive information.

Acknowledge how the client feels, whether that be confirmation, expressed

• Don’t be limited to taking one course of action. Providing multiple

reassurance or shifting your body to them, enhances the client’s feelings

options that are legal and non-legal, will help you tailor the solutions

of trust and confidence in the interviewer and engaged the client to

to the client. You may to introduce non-legal solutions first, before the

participate more.

legal solutions.

• Do practice your active listening skills. This is crucial to building rapport

• Don’t pressure the client to do anything. The client may have certain

with your client and this can include clarifying information provided, paying

desires that may be different to how you would approach it. Your job is to

attention to what is being said and remove any distractions.

make the client informed of all their choices.

COMPETITIONS GUIDE

DO’S R

• Do achieve a balanced approach. It is important to be accommodating and professional to your client but you also need to make sure that you encourage the client to provide as much information (without pressuring them) so your team can understand and generate some options.

2021 JUNIOR CLIENT INTERVIEW COMPETITION WINNER 1. What preparation did you undertake prior to the

Another challenge was that we needed to think quickly on our feet

commencement of the competition? How did you allocate

as there was a limited time frame.

your time during this process?

4. How has this competition aided in your professional or

Heidi and I undertook extensive preparation prior to the

personal development?

commencement of the competition by researching relevant

This competition aided my professional development as it

legislation and precedent. As a result, we were better pre-

enabled me to develop my legal research skills, interpersonal

pared during our competition as we knew what to expect

skills and ability to provide the best solution for clients. To

and were able to offer the appropriate legal solutions. In the

successfully represent the client, we needed to demonstrate that

days leading up to the competition, I allocated 30 minutes

we understood the client’s needs, be able to extract all necessary

each day to familiarise myself with the legislation and come

information and be aware of any ethical issues. In the future, all

up with specific questions to ask the client. This made me

of these skills will prove invaluable since dealing with clients is a

feel more confident going into the competition.

key aspect of the legal profession.

2. How did you manage your other commitments with your competition schedule?

“All of these skills will prove invaluable since dealing efficiently, I planned ahead and estimated how with clients is a key aspect much time I would need to complete my tasks. of the legal profession.”

This enabled me to become more efficient with In order to manage my other commitments

my time and helped me to decide which tasks should be prioritised. Further, keeping busy allowed me to minimise procrastination and enhanced my ability to manage my time well.

3. What was the most difficult or unexpected aspect of the

CLIENT INTERVIEW

Claire Cottrell-Dormer

5. How did you ensure that you and your teammate(s) were operating efficiently?

To ensure that Heidi and I were operating efficiently, we communicated daily leading up to the competition.

Further, we divided the research to ensure that the work was distributed evenly.

6. What is one tip you wish you knew as a first-time competitor?

It is necessary to research legislation and precedents in order to gain a better understanding of the topic and help our clients reach the best possible outcome.

competition?

The most challenging part was adapting our advice to the client’s circumstances. There are times when our advice needs to change unexpectedly. For instance, if the client informed us that they attended a NSW Civil and Administrative Tribunal (NCAT) but were unsuccessful, we would need to consider other alternatives.

“The most challenging part was adapting our advice to the client’s circumstances. There are times when our advice needs to change unexpectedly.”

47

COMPETITIONS GUIDE

NEGOTIATIONS OVERALL COMMITMENT: LOW TO MODERATE COMMITMENT

The Negotiations Competition replicates the negotiation process that usually occurs outside of the Courtroom before the litigation.

Preparation time: Medium Commitment as preparation includes (but is not limited to) researching negotiations (BATNA, WATNA, Tips of focusing Interests and Positions etc.) practising with your partner, reading the hypothetical

Teams consisting of two students are assigned to

and a confidential document that contains information

a client with the aim of reaching an agreement,

that is sensitive to the client’s respective teams. At

either tentative or binding, that best aligns with their

the completion of the negotiation session, teams

respective client’s interest. This competition focuses

will have a short 10-minute reflective period before

on maintaining an effective working relationship,

engaging in a 10-minute self-analysis. During this time,

bargaining, and strategising.

teams should discuss their performance and accept

Pre-requisites: • Second year LLB (and JD).

• No experience in competing is necessary • Each team shall consist of two members

Each 50 min round consists of a unique scenario in which two teams composed of two students acting as solicitors seek to represent opposing clients in the matter. Both teams are privileged to a common document of facts that establishes the general dispute

questions from the judge competition and the teams with the best scores would proceed to quarter-finals, semi-finals and grand finals.

HOW TO PREPARE

P

Know your facts.

Negotiation scenarios can be dense and filled with multiple issues and interests from both

your client and the opposing teams. Reading the facts carefully and making notes can aid in understanding your client’s interests, their instructions and potential

NEGOTIATIONS

issues that may arise during the negotiation process.

Having a detail orientated approach ensures teams can

P

Develop a negotiation strategy.

Whilst it is difficult to plan for every scenario, having a clear vision of what strategy to take

recall important information quickly and accurately

can be critical to a great negotiation. Prioritising issues

which is essential to a successful negotiation.

from most to the least important is one way to utilise

P

Know your client.

the allotted time and ensure your client’s issues can be effectively discussed. However, each strategy will have

During the negotiation process, teams are

its own strengths and weaknesses and it is up to teams

acting on the authority of their clients and

to understand those risks and adapt within each round.

as such, should have a firm understanding

Furthermore, strategising allows for teams to anticipate

of the needs, interests and expectations that arise

and cater for issues that the opposing team may

from this relationship. Whilst it is important that the

introduce, allowing for a more substantial negotiation

client’s interest should be incorporated into the final

and rounded conclusion.

outcome, it is important for teams to be flexible to the opposing counsel’s suggestions. Teams can take a variety of approaches, both traditional or creative, to achieve the right balance of pushing their client’s agenda and accepting some compromises.

Successful Agreements…

R

Meet the legitimate interests of all parties to the extent possible

R Maximise benefits and minimise costs to all parties

R Are a durable agreement R Define future cooperative interaction R Are achieved through a fair process 48

JUDGING CRITERIA • Negotiation planning and strategy employed • Adaptability to new information • Overall outcome of the session • Creativity of options presented • The identification of interests • Teamwork between members and with the opposing counsel • Understanding of ethical and moral obligations • Identification of team strengths and weaknesses

COMPETITIONS GUIDE 2021 Negotiations Competition

TIPS & TRICKS

03.

Be specific with your questioning to prevent wasting time and to draw out secret facts.

02.

04.

NEGOTIATIONS WINNER

Negotiation is a marathon not a sprint — make sure you are appropriately using the time to discuss ALL issues present.

Provide a more cohesive and unified front by creating clear roles for your team members.

Taylor McCoy

final solution. Navigating through these unseen challenges on the

1. What preparation did you undertake prior to the

my opinion.

commencement of the competition? How did you allocate your time during this process?

Negotiations is a special kind of competition where you will only get sent the scenario a week before the round, so not much preparation can be done before this. However in the week between when you get sent the scenario and the actual competition, it is definitely a task you need to allocate adequate time towards, I would usually have three to four preparation sessions with my teammate each lasting around 2—3 hours in the week leading up to the round.

2. How did you manage your other commitments with your competition schedule?

The workload of negotiations was very manageable, the rounds were every second week and once you do a couple of prep sessions, you start to get used to what you should be doing, so it was not too hard to still go through with other commitments on top of negotiations. However, this is not to say that the work was easy, it is still important to be proactive in getting the work done to the best of your ability.

spot was definitely the most difficult aspect of the competition in

NEGOTIATIONS

01.

Create summaries, tables and diagrams to keep track of different parties, conflicts and potential interest that might arise.

4. How has this competition aided in your professional or personal development?

The Negotiations competition has done so much in the development of my interpersonal skills. Not only do you have to work with your partner well in the preparation stage, but you also have to work effectively with the opposition to reach a solution that works best for both sides. I find that my collaborative skills have definitely improved along with my speaking ability and capability to act under pressure.

5. How did you ensure that you and your teammate(s) were operating efficiently?

Both myself and my teammate were communicating on a regular basis and always asking the other if we had any concerns about an upcoming round or anything else. Also communicating when we were both available for preparation often made sure we could organise consistent prep sessions.

6. What is one tip you wish you knew as a first-time competitor?

Don’t stress too much about getting the best deal possible. Whilst

3. What was the most difficult or unexpected aspect of the

this is still an important aspect of the negotiation, the majority of

competition?

the marks that can be awarded are based on not what happened

How opponents would react to your strategies or demands. You

but how it happened. The judge will be looking for things like

never know what kind of opponents you are facing, sometimes

how well you are communicating with your teammate and the

they may be more demanding and disagreeable, sometimes they

opposition, how creative you were in generating different options

may be more openly cooperative and collaborative in reaching a

and how well you explored the interests and needs of the opposition.

49

COMPETITIONS GUIDE

GRAND FINAL WINNER Sophie Baxter

1. What preparation did you undertake prior to the

4. How has this competition aided in your professional or

commencement of the competition? How did you allocate

personal development?

your time during this process?

As law students, we are often required to take on the role of a

Negotiations competitions require much less preparation in

judge to find the ‘correct’ answer to a legal question, but this

comparison with competitions such as mooting, though it is still

competition asks you to take a client-focused approach to the set

important that you enter the negotiation with a clear game plan.

of facts at hand. It is said that 90% of legal matters are settled out

I would recommend team members first undertake independent

of court, so learning to advocate for a client in this environment

consideration of the scenario, pulling out points of interest

is a vital skill in the legal profession. Participating in a competition

from the facts, brainstorming questions for the opposing team,

which had this client focus significantly improved my ability to

and researching any legal issues. Then, discuss these ideas with

think critically under pressure and to express goal-oriented

your teammate and create a strategy for the negotiation. This will

ideas clearly and concisely. I have learned how to advocate for a

include determining your BATNA and WATNA as well as the points

client and hold my ground while still maintaining a good rapport

you are willing to concede and those that are ‘non-negotiable’ for

with the opposing team. Aside from professional development,

your client. In all, this should only take a few hours.

the competition is a lot of fun. Working in a team and acting as a solicitor dealing with interesting (and often humorous) factual

scenarios is, if nothing else, an exciting and enjoy“Negotiations are able task. not about making and able to adapt to new information you receive from the opposing client 5. How did you ensure that you and your the opposing side. An overly prescriptive and inflexible suffer but are about teammate were operating efficiently? strategy can stifle negotiations. The most important ensuring that you preparation you can do is to have a clear understanding My partner and I ensured that prior to discussing each provide your client of your client’s goals and keep these in mind at each round’s set of facts, we had already read, considered, with the best possible and researched the scenario independently. This point of the negotiation. outcome for them.” firstly meant that we were not wasting the time we While preparation is important, I would warn against

over-preparing. In a negotiation, you need to be flexible

2. How did you manage your other commitments

were able to schedule together developing only a

NEGOTIATIONS

with your competition schedule?

basic understanding of the scenario. It also allowed us to

Each round runs for roughly one hour and requires only a few

consider the set of facts without being influenced by the other’s

hours of preparation. So as long as you and your partner set

interpretation. We were then able to discuss our opinions and

aside this time to prepare, I would say that the competition

propose strategies during our team preparation time, which I

schedule is very manageable. However, I understand that

believe was a much more efficient use of our time.

balancing university, work, and other commitments with a competition can be stressful. It really is just a case of orga-

6. What is one tip you wish you knew as a first-time

nising your time well and making sure you are preparing

competitor?

efficiently. I would suggest dividing research points with your

Do not be afraid to agree to something the opposing team asks

partner and ensuring you do individual preparation prior to team discussion to reduce the preparation time required.

3. What was the most difficult or unexpected aspect of the competition?

I think the most difficult, but definitely the most exciting, aspect of the competition is that you enter the negotiation not knowing the confidential information the opposing team has been given by their client. This means you need to begin discussions with an open mind and listen carefully to the information the other team provides. Some of this information will be harmful to your client, but some of it will also benefit them. It is important to think critically about the information provided and use it in a way that advances your client’s goals. This competition definitely teaches you to think on your feet!

for! Negotiations are not about making the opposing client suffer but are about ensuring that you provide your client with the best possible outcome for them, even if that means making some concessions and giving the opposing client something they want in the process. Just make sure you use that when you do make those concessions, you use them to your advantage.

In saying that, it is ok not to come to an agreement on each point of contention straight away or even at all. If you feel that discussion of a particular point is not being productive at that time, suggest to the other team that you move on and return to it later. Never feel the need to agree to something your client does not want just because you are running out of time. Outside of the competition environment, negotiations are usually not confined to a single one-hour discussion, so it is okay to leave the room without a settled outcome. Invite the opposing side to discuss the unresolved issues in a few days instead.

“It is important to think critically about the information provided and use it in a way that advances your client’s goals.”

50

•

Participants should work side by side to attack

the problem and not each other. Negotiate hard,

not hard on the person.

•

It is your interest to identify the interests of other people.

•

See the opposing team as your partner, not your enemy.

• Be soft on the people, hard on the problem. Proceed independent of trust.

02.

Focus on the interests and not the positions • Ascertain the interests that motivate the parties’

positions. Articulate those interests clearly.

•

Explore interests and avoid having a bottom line

Identification of Interests •

Be VERY clear on what interests you want to have satisfied and

Trick for win-win — based on the interests first develop criteria that a solution must fulfil •

What conditions would a good solution you could say yes

to, fulfil?

•

To give an example: imagine Person A wants to take Person B

to a restaurant, but they want to make sure that the restaurant is one that Person B actually likes. So Person A would ask, ‘how would you realise if the restaurant is a good restaurant for you?’ Then Person B would say some conditions, eg. ‘small menu, certain quality of light.’

•

In terms of the negotiations, we should set a criteria for Party A

and Party B, and find a win-win solution that fulfils both.

05.

•

Preparation undertaken Bring a written but flexible plan that reflects the preparation undertaken. Some things to include:

Possible interests of all parties

want discussed in the negotiation.

• Issues to be discussed (in their preferred order)

•

•

BATNAs and WATNAs for all parties

what is preventing them from reaching an agreement.

•

Possible trade-offs and concessions (ranked)

•

Also ask what the other party wants to have agreed on and This will fashion solutions that advance common interests,

•

Possible settlement options

reconcile differing interests and promote acceptable concessions

•

Team strategy

and trade-offs.

•

Negotiation strategy (opening offer, tactics, endgame.

03.

Chess, basically.)

Generate a variety of options for mutual gain Ascertaining the BATNAs and WATNAs • Before agreeing, brainstorm a variety of alternatives that advance shared interests and creatively reconcile

differing interests.

•

Don’t develop one option that is the best option, develop

multiple and then take the criteria and evaluate your options by the criteria to find the best option.

•

By doing so, the solution found by other parties will be much

more sustainable because they actually had a sense that they had a choice. Develop multiple options to choose from; decide later.

•

Try to reach a result based on standards independent of will

Reason and be open to reasons; yield to principle, not pressure.

• Considering options for settlement: It is important to develop a range of options that meet your parties’ interests but also the

•

Parties must determine their best and worst alternatives to a

negotiated agreement prior to negotiation so they can keep their options intact.

•

When a party’s BATNA has been ascertained, the question to

ask during negotiations is: “Does a particular proposal better satisfy my interests or are my interests better satisfied if I pursue my BATNA?” •

If they are better satisfied elsewhere, walk away. If not,

probably accept.

•

BATNAs can be thought of as a more flexible bottom line that

can permit exploration of alternate solutions whilst protecting parties from accepting terrible agreements.

BATNAs are worked out in the following way:

other parties’ interests.

1. Invent a list of actions you might conceivably take if no

Try to create packages of linked bargaining

2. Improve some of the more promising ideas and convert them

• “I’m prepared to move on X if you are prepared to concede on X” For the client: Options can be expanded by brainstorming or problem-solving. Here’s a simplified process for problem solving •

Identify client’s objectives and priorities

•

Develop possible solutions in a cooperative and non-

judgmental endeavour with the client •

Evaluate the possible options

•

Obtain client instructions as to their preferred option

•

Design detailed plans for implementing chose options

04.

Insist that the result be based on some objective standard.

•

If interests cannot be reconciled (even with trade-offs

and concessions), use objective standards such as legal rules, norms, customs and expert opinions. If all else fails, consider tossing a coin.

NEGOTIATIONS

01.

Separate the people from the problem

COMPETITIONS GUIDE

PRINCIPLES OF INTEREST-BASED NEGOTIATIONS

agreement is reached. into practical alternatives.

3. Select (tentatively) the one option that seems best Draft a risk analysis of a BATNA such as: •

The possible and probable outcome of litigation

•

Details of likely delays until trial

• Length of possible trial • Other likely delays • Estimate of costs • Estimate of time away from work and associated losses • Emotional costs of litigation

Try, as precisely as possible, to determine the other party’s BATNAs and WATNAs. If you want to settle, you need to try and offer them something better than the best they can do elsewhere.

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COMPETITIONS GUIDE

What if they won’t play?

Tips from ‘From Getting a Yes’ by William Ury and Roger Fisher: A Summary There are three basic approaches for focusing their attention on the merits: • The first centres on what you can do. You yourself can concentrate on the merits, rather than on positions. This method, the subject of this book, is contagious; it holds open the prospect of success to those who will talk about interests, options, and criteria. In effect, you can change the game simply by starting to play a new one.

• The second strategy which focuses on what they may do.

It counters the basic moves of positional bargaining in ways that direct their attention to the merits. This strategy we call negotiation jujitsu.

Negotiation Jujitsu • Don’t attack their position, look behind it.

• When the other side sets forth their position, neither reject it nor accept it. Treat it as one possible option. Look for the interests behind it, seek out the principles which it reflects, and think about ways to improve it.

• Assume every position they take is a genuine attempt to address the basic concerns of each side; ask them how they think it addresses the problem at hand. Treat their position as one option and objectively examine the extent to which it meets the interests of each party, or might be improved to do so.

• Don’t defend your ideas, invite criticism and advice.

• A lot of time in negotiation is spent criticising. Rather than resisting the other side’s criticism, invite it. Instead of asking them to accept or reject an idea, ask them what’s wrong with it. ‘What concerns of yours would this salary proposal fail to take

• The third approach focuses on what a third party can do. If

into account?’ Examine their negative judgments to find out their

neither principled negotiation nor negotiation jujitsu gets them

underlying interests and to improve your ideas from their point

to play, consider including a third party trained to focus the

of view.

discussion on interests, options, and criteria. Perhaps the most

• Recast an attack on you as an attack on the problem. When

effective tool a third party can use in such an effort is the onetext mediation procedure.

the other side attacks you personally — as frequently happens — resist the temptation to defend yourself or to attack them.

Instead, sit back and allow them to let off steam. Listen to them, show you understand what they are saying, and when they have finished, recast their attack on you as an attack on the problem.

NEGOTIATIONS 52

COMMON MISTAKES • Be VERY careful NOT to act on the basis of assumptions. Act on

• Not keeping an eye out for directional information. Without

facts. If unsure of the facts, seek clarification!

such information, you will not identify party’s preferences and

• Discuss and agree on procedure FIRST. Don’t jump to

priorities.

substantive issues too quickly

• Don’t make offers too quickly! If necessary, make tentative

• Don’t be too quick on the defensive and instead, ask why

offers.

they’re doing what they’re doing. Learn your opponent, their

• Don’t go into the specifics of offers (such as dollar values) too

position and interest.

quickly!

• Don’t use closed questions inappropriately. Use open

• Carefully evaluate alternatives.

questions to elicit concerns and interests.

• Avoid an overly aggressive or rigid approach.

• Going circular with some issues.

• Failing to coordinate the activities of team members

• Where a point of discussion has run its course without an

• Members pushing conflicting personal agendas

agreement coming to fruition, leave this point to the side and

• Disclosing disagreement to the other party (NEVER SHOW

revisit the discussion at a later stage

THEM YOU ARE NOT UNIFIED!)

STAGE Introduction

WHAT TO INCLUDE

TIME 3 minutes

COMPETITIONS GUIDE

SAMPLE AGENDA Introducing each other and your client, shaking hands with everyone

Preliminary Details

3 minutes

Make sure you address the following: • Confidentiality • Good faith and without prejudice • Binding agreement

Introducing Agendas

3 minutes

This is where your team and the opposing team discusses each team’s agenda and goals for today

Exploration of Interests

15 minutes

Each team has the opportunity to discuss what is in the client’s best interests. The identified interests are usually two that the team intends to talk about. This will include giving information and also being conscious of information to not disclose just yet.

15 minutes

Going through options on the table, we can go through and discuss these options and pick out the most appropriate one to help each party reach a mutually beneficial agreement.

NEGOTIATIONS

Generation Options

Be aware of what your client can and cannot sacrifice.

Be prepared to justify your client’s position: • Why this number?

• Why do you want this?

Finalising Solutions So Far

6 minutes

Try to decode any statements of position to identify and summarise underlying interest.

Acknowledge the other party is heard. Attempt to determine the terms of the contract which will be agreed upon.

Confirming what each team will do moving forward

6 minutes

Sometimes, this may not even include having a binding agreement. You may need to go back to your client to ask questions the opposing team has raised.

Here’s a good phrase: ‘We may not have settled all the issues today but we’ve made some progress. I would like to take some time to consider my client’s position and we would like to do the same thing. Same time next week?’

Signing and handshake

2 minutes

End of negotiation 53

COMPETITIONS GUIDE

PAPER PRESENTATION OVERALL COMMITMENT: MODERATE TO HIGH COMMITMENT Preparation time: High Commitment, as preparation time includes (but is not limited to) researching into the topic, finalising your submissions, practising oral submissions

PAPER PRESENTATION

Pre-requisites: • No experience in competing is necessary • Open to ALL YEARS, and you are welcome to submit a paper you have previously written. There are NO TOPIC RESTRICTIONS, so this is a great way to explore areas of the law you are passionate about.

The Paper Presentation is an individual competition that requires competitors to submit an academic paper on a legal agenda of choice, before presenting their findings to a panel of judges thereby providing an opportunity for students to strengthen legal research and writing skills whilst encouraging important discussions of relevant and contemporary legal issues.

HOW DOES IT WORK?

The competition is divided into two primary sections:

2016 Paper Presentation

1. Written Submission (40 marks)

2. Oral Presentation (40 marks)

Papers must be between 2500 and 5000 words incl-

Participants present their papers for a maximum of

uding any explanatory or substantive footnotes and

15 minutes. This is followed by a 10-minute question

must use the AGLC4 referencing style. The Submiss-

period from the audience where questions regarding

ions should be anonymised before being submitted.

the material are covered. Oral presentations have

These submissions would be marked by a judge only

a preliminary and Grand Final round. The winner

responsible for assessing the written works and who

is the participant with the highest total score from

would not be included in the oral judging panels.

both submissions.

HOW TO PREPARE

P

Picking a Topic Participants are free to explore and choose a topic that they are passionate about to write an essay on, unlike a traditional assignment where the topics are already chosen. You can use a topic from

a previous unit or a current controversial agenda that you find interesting, the main aim of this competition is to think critically about these issues. Being passionate about the topic will assist the participants in maintaining interest and motivation during the research process and the development of their written submissions.

P

Writing an Essay Writing an essay is not an easy task, however, identifying the main points of your argument can help you find suitable examples that support or disprove your arguments. I would recommend breaking

the essay into smaller tasks that you can accomplish over time. Also, use headings and subheadings to give your essay a solid structure. This allows you to see your progress as well as focuses you on the essay, therefore avoiding any tangents that you might encounter.

P

Oral Speech Make it interactive with different pitches and tones to avoid sounding monotonous and make eye contact with people across the room. Make sure the speech is not your written submission by

focusing only on your main points and key examples. Try to make it more engaging by highlighting the main points and examples but also include for and against arguments in the speech. You can also present in front of someone you know to get an idea of how you present yourself and your presentation in front of an audience.

This can also have the added effect of getting questions that can help you better visualise other potential questions from the actual audience which will help you maintain composure during the oral speech.

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01.

02.

03.

04.

05.

Practice your speech by yourself and in front of an audience.

Use a pace that allows audience members to process and understand the information being presented.

Try to have eye contact with the audience.

Revisit your ideas if required.

Use simple language to convey your message effectively and efficiently.

WRITTEN SUBMISSION 1. The difficulty of the subject matter.

2. Presentation of clear and structured ideas.

3. Critical evaluation of primary and secondary sources.

4. Independent, original and insightful treatment of the topic supported by evidence.

5. Adherence to AGLC4 referencing style and correct punctuation and grammar.

COMPETITIONS GUIDE

JUDGING CRITERIA

TIPS AND TRICKS

ORAL PRESENTATION 1. Clear, confident and logically organised flow of argument.

2. Effective use of visual aids, pace, and tone.

3. Engagement with the audience.

4. Clear mastery of the subject matter with a detailed understanding of the issue and its legal aspects.

5. Direct and focused response to questions.

ALSA PAPER PRESENTATION COMPETITION 2022 RUNNER UP 1. What preparation did you undertake prior to the

The two-part structure of the competition, which consists of a written

commencement of the competition? How did you allocate

component and an oral component, presents different challenges.

your time during this process?

While writing the submission, I practised my research and critical

Before the commencing of the oral presentation rounds, I spent a

analysis skills. However, the oral component requires distilling a large

substantial time practising my presentation in front of classmates

issue which people dedicate years to understanding into a couple of

and friends. I asked them for feedback and adjusted my speech

minutes. Creating an engaging presentation for a layman is a pivotal

accordingly. Feedback is your best friend in a paper presentation.

skill which is often neglected in academic studies.

2. How did you manage your other commitments with your

5. How did you ensure that you and your teammate(s) were

competition schedule?

operating efficiently?

This is something I struggled with. In the weeks leading up to the

As someone who has always struggled with time-management,

due date, I was actually prioritising the paper presenta-tion over

what I suggest is being efficient from the beginning of the research

many of my other commitments, especially 2% quizzes. However, I

process. You will read many papers (in my case, 40) and remember

did try to maintain exercise in my routine, as I find it helps to keep me sane and productive.

3. What was the most difficult or unexpected aspect of the competition?

The judges’ thought provoking questions

PAPER PRESENTATION

Rojina Parchizadeh

about 10% of each paper. Something which

“Ask yourself critical questions helped me was creating folders for papers I throughout the research process read based on the topic that they explored, and and think about what the other side noting which papers were more relevant and may say, as one of the judges may had the best points in a separate document. ask you the same question!”

are likely to catch you off guard. The judges in the paper presentation competition are often well rounded researchers and sometimes members of the judiciary. For example, in the last competition I participated in, the judges included the Honourable Justice Edelman, the Honourable Justice Derrington and Professor Kit Barker. I was asked questions that I had not encountered in my research, and questions about other areas of law which could be related to my topic. You have to develop the skill of thinking on your feet and having basic knowledge of other tangentially related areas of law.

6. What is one tip you wish you knew as a

first-time competitor?

For paper presentation, you have to know the weaknesses of your arguments and have a reasonable solution to overcoming those weaknesses. In fact, by addressing your weaknesses before being asked about them, your argument becomes more convincing. It is important to not give the appearance of being partisan, rather, having come to a conclusion based upon the evidence before you.

The best way to achieve this is to ask yourself critical questions throughout the research process and think about what the other side may say, as one of the judges may ask you the same question!

4. How has this competition aided in your professional or personal development?

The Paper Presentation competition provided me with the opportunity to examine an area of law that I was passionate about.

There are no boundaries for your topic, it is completely your choice.

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COMPETITIONS GUIDE

ALTERNATIVE DISPUTE RESOLUTION (ADR) OVERALL COMMITMENT: MODERATE COMMITMENT Preparation time: Includes but not is limited to researching, role playing, practising oral submissions Pre-requisites: • Open to all LLB/JD students • Previous experience in negotiation or client interview is favourable • Teams shall consist of two members

This competition is a culmination of a variety of professional skills into a singular competition.

Showcasing important skills developed from client interviews, negotiations, and letters of advice, this competition seeks to replicate the ADR process which is critical to the legal practice. Furthermore, it allows teams consisting of two members to enhance their advocacy skills, teamwork and become more well-rounded as practitioners.

HOW DOES IT WORK?

The competition is divided into four primary sections:

1. Client Interview (25 minutes) Teams will engage in 20-minute client interviews

2. Negotiation (60 minutes) Teams will enter a 50-minute negotiation with an

ALTERNATIVE DISPUTE RESOLUTION

where competitors are expected to extract relevant

opposing counsel that is privy to the same matter.

information, outline the issues and provide a prelim-

During this time teams will attempt to reach an

inary assessment and resolution. This is followed

agreement that best aligns with their client’s interests.

by a 5-minute post-consultation in which teams are

Each team will then have a reflective period of 10

expected to provide self-analysis on the interview

minutes with the judge to discuss the outcome and

and answer any questions posed by the judge.

performance in the negotiation.

3.. Letter of Advice (60 minutes)

4. Presentation (15 minutes)

Teams will have 60 minutes to draft a letter of advice

Participants are required to present a 10 minute

that outlines a summary of the interview and presents

summary of the client case, the ADR conducted by

options available to the client. This letter offers a

the teams, and the prospect of future litigation. This

preliminary application of the law and should observe

presentation can be supported by visual aids such as a

legal formalities and etiquette.

PowerPoint presentation. Judges are allowed 5 minutes

HOW TO PREPARE

of questions to finish the presentation period.

As this competition has many elements, preparation will vary according to which section of the ADR teams are entering. Therefore, it is critical that the client’s interest is prioritized and advocated for through each section.

P

Identify the client’s interest Under the difference between the client’s interests, wants, and needs. Distinguishing

P

Time Management Rounds with extended time such as letters of advice can be deceivingly short and run

this early on can help the progression of the interview

participants into the risk of unfinished work. Therefore,

and assist with retrieving critical information about the

it is important to manage time and expectations by

issue on hand. Furthermore, this can avoid time-wasting

prioritizing and dividing tasks between team members.

and prevent irrelevant discussions from occurring.

P

Have a negotiation strategy Understanding your opposing counsel’s

P

Know your matter, know your client!

During the presentation portion of the compet-tion, the team should present

position and interest is important to a

their findings succinctly and in chronological order. This

positive outcome in a negotiation. Leveraging this

will help judges to follow along easily and help prevent

information with your client’s interest in mind can offer

confusion and errors by participants. Teams should

avenues for creative and collaborative resolutions.

also be open to reflecting upon their performance throughout the progression of the entire competition.

This will assist teams to correct small errors or misinformation and help solidify their client’s interest in

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their future actions.

CLIENT INTERVIEW a. Assessment of the problem and ability ADR options b. Teamwork between members and overall outcome c. Self-analysis of strengths and weaknesses NEGOTIATION a. Negotiation strategy and flexibility to new information b. The creativity of options generated c. Teamwork and collaboration

LETTER OF ADVICE a. Preliminary application of the law b. Exploration of ADR options c. Application of plain English PRESENTATION a. Accurately summarises the client’s situation and ADR process b. Comprehensively outlines the potential outcomes

COMPETITIONS GUIDE

JUDGING CRITERIA

TIPS AND TRICKS Have distinct roles within your team to prevent fatigue during the competition.

Have a timer during the each round to stay on track.

Have a strategy for each section of the competition.

2021 ADR COMPETITOR Simone Alexander 1. What preparation did you undertake prior to the commencement of the competition?

Preparation and time management are key to tackling a competition like ADR. Prior to the beginning of the competition, my partner and I allocated sufficient time to discuss each element of the competition. For each section, we agreed on a general structure and allocated roles for which we would be responsible.

For example, Sarah, my partner, would be in charge of icebreakers and setting the tone for the meeting whilst I provide a more administrative approach, ensuring that key points like agendas and summary of facts were available on hand.

2. How did you allocate your time during this process?

While all elements of this competition are important it is under-standable that some sections will need more preparation than

planning to prevent workloads from accumulating and de-

ALTERNATIVE DISPUTE RESOLUTION

01.

02.

03.

escalating unnecessary stress.

4. What was the most difficult or unexpected aspect of the competition?

Each section of the competition is uniquely interconnected.

Therefore the approaches or strategies implemented in the early stages of the competition can significantly impact what avenues and approaches you can use later on. Therefore it is important to be mindful of flow on effect as it can quickly become restrictive if

“This competition is a marathon, you fail to adapt correctly to the situation. not a sprint. You need to pace 5. How did you ensure that you and your yourself throughout the day teammate(s) were operating efficiently? and consider the consequences It is incredibly important that both teammates of your choices or actions on the set aside time to read the question and provide subsequent portions of materials in detail. In a competition that is so time the competition.” sensitive, this eliminates wasting unnecessary time.

others. Generally, negotiations and letters of advice will be the most intensive as external considerations of law are introduced.

3. How did you manage your other commitments with your competition schedule?

Staying ahead by using a calendar or planner to note important assessments and extracurricular activities is a great way to stay organised. I also make sure to allow extra flexibility in the weeks

Furthermore, before the beginning of each round, spending two to three minutes briefing each other on concerns or potential issues is also highly valuable to operating efficiently.

6. What is one tip you wish you knew as a first-time competitor?

This competition is a marathon not a sprint. You need to pace yourself throughout the day and consider the consequences of your choices or actions on the subsequent portions of the competition.

leading up to the competition to accommodate research and 57

COMPETITIONS GUIDE

2021 ADR COMPETITOR Emily Lizzo 3. What was the most difficult or unexpected aspect of

1. What preparation did you undertake prior to the commencement of the competition?

the competition?

ADR is structured differently from other law competitions, because

The ADR competition is a test of skill and mental stamina. I found

the four competition rounds occur within a single day. Therefore,

the most challenging part of the ADR competition to be the quick

the first step for any new competitor should be to familiarise your-

transition between rounds. This transition requires teams to

self with the ADR competition rules ­— particularly the deadlines,

adapt your presentation style to suit the factual scenario. Each

judging criteria and the time allocated for each section.

round is scored separately, so maintaining high performance

Second, preparing a strategy before the competition is a great way

standards is essential.

to reduce time- wasting activities during the rounds. This strategy

4. How has this competition aided in your personal or profes-

discussion should include:

sional development?

The ADR Championship is unique, because it tests four different

• A discussion of what role you will adopt in the client interview/negotiation eg. note taker • Non-verbal cues • A draft negotiation agenda • The creation of templates (eg. a letter of advice template, a powerpoint presentation

“Diving into legal advocacy enables you to meet these like-minded people ­— you can learn something from everyone!”

slide deck) and; • Plan who will bring relevant resources (eg binders).

Third, watching videos of past skill-specific competitions are a great way to familiarise yourself with what each round requires.

ALTERNATIVE DISPUTE RESOLUTION

You can find videos on the MULS socials, YouTube, Podcasts, and also helpful skill-specific books which can guide you. Fourth, aim to improve your general legal knowledge.

2. How did you manage your other commitments with your competition schedule?

Incorporating a calendar into your study schedule is the best way to consistently manage competing deadlines. Scheduling time each week to prepare for each individual section of the competition will help you stay on top of work and competitions. Then, stay accountable by scheduling regular check-in meetings with your teammate in the weeks leading up to the competition. If you are time-poor, divide the pre-competition prep amongst your team, and use the check-ins to summarise your research/relevant info.

written and oral skillsets. This competition has enabled me to identify both my passions, and the weak areas in my professional skillset (kind of like a mid session quiz). In effect, the competition has helped me develop both public speaking/oral advocacy skills, presentation skills, and formal writing skills which are essential in the legal sphere.

5. How did you ensure that you and your teammate(s) were operating efficiently?

My teammate and I aimed to set expectations for the competition early. Communication is essential in the ADR Championship. Prior to the competition, my teammate and I met to read through the rules, plan out our preparation strategies, to discuss our communication styles, and to determine the best method of unpacking hypothetical scenarios.

6. What is one tip you wish you knew as a first-time competitor?

I wish I had competed earlier. It’s very common for the same people to enter multiple skills competitions, and diving into legal advocacy enables you to meet these like-minded people ­— you can learn something from everyone! I found it incredibly rewarding to compete with a friend, however, signing up to the competition as an individual is a great way to meet new people.

2020 ADR Competition Champions

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COMPETITIONS GUIDE

COMPETITIONS GUIDE

INTERVARSITY COMPETITIONS

SECTION NAME

INTERVARSITY COMPETITIONS

WHAT IS INTERVARSITY? Intervarsity Competitions replicate competitions that provide internally at a larger scale. The Competitions are designed to challenge individuals with previous Competitions experience. It also provides students with a great opportunity to travel, meet other law students and flex their legal skills as a representative of MULS.

59

COMPETITIONS GUIDE

OVERVIEW Intervarsity Competitions provide Macquarie Law students the opportunity to develop their legal skills by competing with students from other universities within Australia. These competitions are designed to give experienced competitors the chance to represent Macquarie against other universities in an opportunity that exposes them to the new ideas and perspectives practiced by other universities, professional judges working in the legal industry, and the ability to broaden their legal skills and proficiencies.

INTERVARSITY COMPETITIONS

2022 SULS vs MULS ADR Competition

STRUCTURE

HOW TO PREPARE

Bilateral Intervarsity Competitions

• Intervarsity competitions include a large array of professional legal competitions, thereby specific preparation procedures will ultimately be dependent on the type of competition for which you are registering for.

• The MULS website at muls.org contains a number of recorded grand finals which are excellent material in order to acquaint oneself with the process of any given competition format.

A bilateral intervarsity competition is held between a small number of teams from two different universities. These competitions generally consist of a single grand final round, prior to which ample time of preparation is given for teams to perform their best. Such competitions include: the Margaret Cunneen Witness Examination Competition; the MULS v SULS Client Interview Competition; and the Sir John Peden Contract Law Moot.

Intervarsity Tournaments An intervarsity tournament is a competition held between multiple teams from a number of different universities. They generally follow the same format as internal competitions, with preliminary rounds followed by a number of final rounds; concluding at a grand final. Such competitions include: the Baker McKenzie Women’s Moot; the UTS LSS Intervarsity Negotiation Competition; the Hon Michael Kirby Contract Law Moot; and the UTS LSS Intervarsity Legal Technology Moot.

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Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • MULS can only nominate two teams to compete against other Universities; students with previous mooting experience will be prioritised.

Macquarie University has a strong history of involvement in environmental law. Established in 1983, the Centre for Environmental Law (CEL) builds on the research strength and expertise of its academic staff in the area of biodiversity law and governance.

WHO IS IT SUITABLE FOR? Everyone is encouraged to apply to compete for Macquarie University in the MULS Environmental Law Competition. However, as MULS can only nominate two teams to compete against other Universities, students with previous mooting experience will be prioritised. As this is an intervarsity moot, the level of competition between teams is quite high and thus,

The flagship MULS Environmental Law Mooting

previous experience would be beneficial.

Competition will invite law students across NSW to moot on a problem of environmental law, a field that is particularly pertinent and rapidly developing at the moment. The question can focus on any of the following topics; trade and environment, water law and governance, pollution and environmental regulation, Indigenous peoples, customary law and natural resource management, or climate change.

MULS ENVIRONMENTAL LAW MOOT WINNER Sami Shamsi

1. What preparation did you undertake prior to the commencement of the competition? How did you allocate your time during this process?

The initial rounds of this competition, like many moots, was rather research-intensive, and hence required substantial time management to maintain a balance alongside other commitments. I found regular meetings

HOW DOES IT WORK? The competition will consist of three preliminary rounds, followed by a quarter-finals, semifinals and ultimately culminating in a grand final round.

to mooting against other highly skilled competitors from other universities. I would also recommend competing in some internal MULS moots, whether it’s the Criminal or Contract Law Moots, as a good way to build the foundational skills before progressing to more complex competitions engaging in more difficult areas of law.

4. What is a unique quality of this competition that differentiates it from the internal competitions

with the broader team and striving to complete parts of

that are offered?

the research a good way to balance it all!

I found the topic area of this competition to be highly

2. How has this competition aided in your professional or personal development?

This competition definitely helped hone my skills in legal problem solving, as it does require competitors to navigate a complex area of law and flip arguments

unique and different from any other competition I have done, given the field of environmental law is not typically focused upon in mooting competitions, and was a great way to engage with new concepts.

5. What is something you wish you knew or

in favour of both Appellant and Respondent.

had done prior to the commencement of the

3. For competitors considering this competition

I wish I knew the importance of being able to adapt

in the future, what other competitions can they attempt to boost their skills/what advice can you provide?

Attempting any other mooting competition would be beneficial to anyone considering this competition in the future, as the core skills are transferable regardless of what subject area the moot is based upon. However, I would recommend being involved in any intervarsity competitions provided by MULS, as these are always a great opportunity to test your skills and approach

MULS ENVIRONMENTAL MOOT

OVERALL COMMITMENT: HIGH COMMITMENT

COMPETITIONS GUIDE

MULS ENVIRONMENTAL LAW MOOT

competition? one’s style of mooting and presentation of arguments, as it may be important to vary these depending on each round.

6. Would you recommend this competition to your fellow law students? If so, why?

I would recommend this competition to other law students as it tests one’s knowledge in an interesting intersection of environmental and constitutional law, and is a good challenge for competitors.

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COMPETITIONS GUIDE

MICHAEL KIRBY CONTRACT LAW MOOT

2022 Winners of the Michael Kirby Contract Law Moot

MICHAEL KIRBY CONTRACT LAW MOOT

OVERALL COMMITMENT: HIGH COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

Pre-requisites: • MULS can only nominate two teams to compete against other Universities; students with previous mooting experience will be prioritised.

The Annual Michael Kirby Contract Law Moot Competition is hosted by Victoria Law School in the College of Law and Justice at Victoria University (VU).

The competition lasts over four days and teams of up to four members are required to travel to Victoria Law School in Melbourne to compete in-person. As one of the largest moot court competitions in Australia, the Kirby moot is open to teams from all across Australia. Macquarie University is allowed to send two teams to compete.

MICHAEL KIRBY CONTRACT LAW MOOT WINNER 2022 Farrah Mikhail

1. What preparation did you undertake prior to the commencement of the competition? How did you allocate your time during this process?

Our preparation for this moot was similar to the general preparation required by all moots, but over a longer period of time with a heavier workload. There were three rough stages: the first was researching, the second was

with a long and layered question also challenged and advanced my legal understanding of Contract Law. It was also insightful to experience how an arbitration might run as opposed to a trial, as I find ADR to be an interesting and ever-growing field.

3. For competitors considering this competition in the future, what other competitions can they attempt to boost their skills/what advice can

drafting and finalising the written submissions, and the

you provide?

third was practising our oral submissions. We spent most

It’s a good idea to start with at least one but ideally

of our time working on our written submissions, which

a couple of internal competitions to become familiar

helped us become comfortable with the arguments for

with the mooting format and to develop your research,

the orals.

writing and oral skills. For example, Foundations

2. How has this competition aided in your professional or personal development?

The Kirby Moot is an exciting way to develop communication skills that are helpful in putting forward a strong point of view. This is true for both the written submissions, the oral submissions, and, not to be 62

about how we will approach a problem. Grappling

overlooked, determinative discussions with teammates

or Novice Moot, Contract Law Moot and Criminal Law Moot are good places to start. If you already have some experience, the next step up would be intervarsity moots where you compete against other universities, such as Sir John Peden Contract Law Moot or MULS’ own Multilateral Environmental Law Moot.

lot of room to improve your arguments as you receive feedback.

differentiates it from the internal competitions that

I also think I could have benefited from leaving more time during

are offered?

our preparation for practising our orals.

Going to Melbourne and having the opportunity to meet and connect with other mooting students from all over Australia

6. Would you recommend this competition to your fellow law

for the week made it a very fun and interesting experience.

students? If so, why?

Presenting in front of a range of distinguished judges was also

I would definitely recommend this competition to avid mooters

very insightful and we learnt a lot from their advice. But best of all

and arbitration enthusiasts. It is a great opportunity to develop

was going out to dinner every night in Australia’s culinary capital!

your skills in researching, forming legal arguments, working

5. What is something you wish you knew or had done prior to the commencement of the competition?

COMPETITIONS GUIDE

4. What is a unique quality of this competition that

in a team, and oral presentations. And it is definitely the most enjoyable and challenging moot I have taken part in. As this moot is an Arbitration moot, the formalities and the way it is set

I wish we had more familiarity and certainty with this moot’s

out is different from normal, which is good exposure for those

particular format and procedures. For example, we only realised

interested in arbitration.

a couple of days into the competition how the oral submissions (other than in the first rounds) do not have to be based on the

SIR JOHN PEDEN CONTRACT LAW MOOT OVERALL COMMITMENT: HIGH COMMITMENT Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

The Sir John Peden Contract Law moot is held between Sydney University and Macquarie University and concerns a question of Contract Law. It is a single round intensive competition usually taking place at Sydney University. This moot has attracted a high calibre of legal professionals to judge the competition, including The Honourable Chief Justice French of the High Court of Australia.

JOHN PEDEN CONTRACT LAW MOOT

writtens at all as they are marked separately. Therefore, there is a

Pre-requisites: • Students in their second year who have completed Contract Law • Mooting experience is essential • Team shall consist of three members, where there are two counsels and an instructing solicitor

Sir John Peden Contract Law Moot 2021

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COMPETITIONS GUIDE

SIR JOHN PEDEN CONTRACT LAW MOOT CHAMPION 2022

4. What is a unique quality of this competition that

Imogen Bryant

differentiates it from the internal competitions that are offered?

1. What preparation did you undertake prior to the

The Peden Moot is a one-round intervarsity competition. Unlike other

commencement of the competition? How did you allocate your

internal moots with general and final rounds, which allow the teams

time during this process?

to rehearse and refine their arguments, the Peden moot gives

Like any moot, we spent a lot of the time on research — pulling out our old contract law textbooks, and trawling through Halsbury’s

just one opportunity to put your best case forward before an esteemed bench.

Laws of Australia. Our team also organised some practice sessions

5. What is something you wish you knew or had done prior to

with a coach, where we could rehearse our oral arguments and

the commencement of the competition?

receive feedback from someone outside of our team.

Read the question over and over again, and memorise the facts as

2. How has this competition aided in your professional or

best you can. In competitions like this, with an esteemed bench

personal development?

and highly trained competitors, the results often come down to how

This moot is a good opportunity to refresh your knowledge of contract law principles! Additionally, the facts we were given were quite short, which meant we had to work out how to use the limited information before us to argue a complex legal

“Read the question over and over again, and memorise the facts as best as you can.”

case. It was important to use the facts we had to workshop a straightforward outline of our argument, ensuring that we could put forward a case that was comprehensible and convincing, despite not being able to rely on a meticulous set of facts.

3. For competitors considering this competition in the future, what other competitions can they attempt to boost their skills/what advice can you provide?

well you can make your case based on the given facts.

Many people will have read their textbooks front to back to prepare, so applying those principles and making a distinctive case on the facts that are clear and convincing is essential.

6. Would you recommend this competition to your fellow law students? If so, why?

I would recommend it! Whilst the research and preparation process isn’t as quick as the competition itself, it’s still a fun way to test your mooting skills against other well-trained mooters, and a brilliant opportunity to receive some advocacy feedback from

JOHN PEDEN CONTRACT LAW MOOT

an esteemed bench.

Participating in any intervarsity moot is a good experience ­— it’s a great insight into how other universities approach mooting, and you can pick up some tips and tricks from other mooters that you can take with you into future competitions.

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COMPETITIONS GUIDE

PHILIP C.JESSUP INTERNATIONAL MOOT COURT COMPETITION OVERALL COMMITMENT: HIGH COMMITMENT

Pre-requisites: • Mooting experience is beneficial, there is a large amount of time set aside for preparations and research to compete in Jessup • Note: Individuals must be successful in the application process before being eligible to compete.

2021 Philip C. Jessup International Moot Competition

PHILIP C. JESSUP MOOT

Preparation time: Commitment must be highly consistent as there must be time allocated to extensive legal research (case law, legislation etc), practising and finalising oral and written submissions.

The Philip C.Jessup International Moot Court Competition (Jessup) is the world’s oldest and largest international mooting competition, now running for 70 years with over 700 law schools from all over the world regularly competing. The competition involves teams of up to five law students producing written and oral submissions on a detailed problem involving issues of international law.

The Australian qualifying rounds are normally held in Canberra in February with the Australian final normally conducted in the High Court of Australia.

WHO IS IT SUITABLE FOR? As always, anyone and everyone is encouraged to apply but previous experience in meeting would be highly beneficial. This is a high-level competition with hundreds of teams competing and is not suitable for first-time competitors. Applicants are encouraged to ensure they have the large amount of time needed to set aside for preparations and research needed to compete in Jessup.

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COMPETITIONS GUIDE

PHILIP C.JESSUP INTERNATIONAL LAW MOOT WINNER 2021

4. What is a unique quality of this competition that

Jacqui Stark

differentiates it from the internal competitions that are offered?

1. What preparation did you undertake prior to the

Jessup is one of the largest and most prestigious international

commencement of the competition? How did you allocate your time during this process?

Being a member of the Jessup team is a significant time commitment. Our question was released in mid-September and we started research straight away. After the semester ended in November, the team spent almost every spare hour at uni developing arguments and writing our memorials which were due in early January. Once these were submitted, we spent about a month practising mooting in preparation for the national rounds which were held in February.

2. How has this competition aided in your professional or personal development?

Taking part in Jessup has helped significantly with my research, writing and oral

moots that operates on a scale much bigger than internal competitions and most other intervarsity ones. This is reflected in the length of the question, the scope of the arguments and research (nearly 10,000 words of arguments go into both the applicant and respondent memorials), and the number of teams who take part every year. The Jessup question each year focuses on contemporary and emerging international legal issues that don’t have straightforward answers, so it requires a lot more creative reasoning than other competitions. You also get great coaching to support you throughout the process, exposure to a

range of judges, and you get to meet teams “One of the most rewarding parts diverse from all across Australia. of Jessup is seeing how quickly 5. What is something you wish you knew or had done every member of the team prior to the commencement of the competition? learns and grows over the I wish I had known just how much time gets dediccourse of the competition.” ated to preparation from the minute the question

presentation skills, which has made the rest of my degree feel

gets released. It’s something that is emphasised in the application

a lot easier. It also helped me develop a whole range of soft

process, but I didn’t truly appreciate this until I was in the middle

skills, like teamwork and communication. This is one of the most

of long days at uni over the summer break. That being said, there

rewarding parts of Jessup, seeing how quickly every member of

was a lot of support from the rest of the team, the incredible

the team learns and grows over the course of the competition,

coaches and former Jessupers, which helped a lot.

challenging themselves and building a wide range of skills in a short period of time.

6. Would you recommend this competition to your fellow law

PHILIP C. JESSUP MOOT

students? If so, why?

3. For competitors considering this competition in the future,

If you are willing to make the commitment, I would absolutely

what other competitions can they attempt to boost their

recommend Jessup to anyone interested in mooting and/or public

skills/what advice can you provide?

international law. Although it was a challenge, being a part of the

While you don’t need to be the best or most experienced mooter to

Jessup team has been an absolute highlight of my degree and the

be selected for Jessup, taking part in some internal moots is a great way to get some familiarity with the process and develop your skills and confidence in preparation. If you’re interested in international

last few years, and I think this feeling is echoed by the rest of the team. It taught me so much in a short period of time, and has helped me a lot in what I have done since.

law in particular, the IHL moot will give you a bit of exposure into how it operates.

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“...challenge yourself and build a wide range of skills in a short period of time.”

Australian Champions of Philip C. Jessup International Moot Court Competition 2023

COMPETITIONS GUIDE

MARGARET CUNNEEN SC WITNESS EXAMINATION OVERALL COMMITMENT: MODERATE COMMITMENT

Preparation time: This time includes research into the key rules of evidence and its relevant sections, practicing and identifying the holes in your arguments (possible objections), preparing the witness 2016 Margaret Cunneen SC Witness Examination

2022 WINNER OF MARGARET SC CUNNEEN WITNESS EXAMINATION Brendan Piech

1. How did your experience in other competitions

2. What is a unique quality of this competition that

shape your success in the Margaret Cunneen

differentiates it from the internal competitions that

Witness Examination?

are offered?

In general, intervarsity competitions offer students an

A unique quality of the UTS LSS x MULS Margaret

elevated competing experience concerning the calibre

Cunneen Witness Examination is that the competition

of competitors, judges, and question scenarios. As

represents a long-standing relationship between MULS

such, there remains a higher threshold of necessary

and UTS LSS.

past competition experience one must bring forward to competitions such as the Margaret Cunneen Witness Examination beyond that of most internal MULS competitions.

My competition experience before this competition consisted of numerous internal advocacy and professional

MARGARET CUNNEEN WITNESS EXAMINATION

Pre-requisites: • No team, each competitor must prepare for and complete individually • Competitor has had success in the Witness Examination process before being eligible to compete.

Since the competition’s inception in 2013, a representative from UTS LSS and MULS have displayed their trial advocacy skills before Margaret Cunneen and an esteemed panel of judges. As with many intervarsity

“My advice for those considering any intervarsity competition is to be bold about putting yourself forward.”

skills competitions, as well as several intervarsity and national-level competitions.

competitions, a certain level of prestige is attached to the opportunity to compete in these established friendly rivalries between fellow law

student societies whilst representing MULS and

Continued involvement in competitions develops

the Law School.

transferable competition-related skills, including

3. What did the preparation process consist of and

courtroom etiquette, the ability to express oneself

how did you manage this workload with your other

clearly and convincingly, and self-regulate stress

commitments?

that may arise in high-calibre competitions.

The strong baseline of second-nature competition-

My preparation for the UTS LSS x MULS Margaret Cunneen Witness Examination competition was

related skills was essential in allowing for increased

threefold:

mindfulness during the weeks leading up to the

First, reviewing recorded witness examination

competition and the several hours of permitted

competitions, including the Australian Law Student

preparation with the scenario. Remaining clear-

Society Witness Examination and Margaret Cunneen

minded and analytical is necessary to become

Witness Examination competition recorded finals.

familiarised with the nuances of the problem

Observing high-calibre competitors undertaking

question, two witnesses, and ancillary consider-

the same competition is invaluable in learning from

ations, as was required after being presented

the different styles of witness examination and the

with a problematic prosecution case.

commentary and feedback provided.

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COMPETITIONS GUIDE

Second, it is essential to have a solid understanding of the

skills required to compete successfully. The balance requires

evidentiary rules of law, particularly the admissibility of

a willingness to make sacrifices, such as trading a month’s

evidence, objectionable questions and evidence, along-

worth of Netflix for watching previously recorded witness

side several exceptions to said rules. Several sources of

examination competitions.

information were available to strengthen this aspect of my preparation. Namely, the NSW Judicial Commission’s

4. For competitors considering this competition in the future,

Criminal Trial Courts Bench Book, the Evidence Act, and

what other competitions can they attempt to boost their

witness examination guides such as Cavell on Witness

skills and what advice can you provide?

Examination and Irving Younger’s Ten Commandments of Cross-Examination.

Last, I was fortunate to obtain several court transcripts to familiarise myself further with witness examination in practice.

Balance with other commitments Like all law school competitions, the scheduling falls within the academic calendar and amidst numerous study commitments and other extracurricular respon-sibilities. Further, considering working responsibilities, it can be challenging to find the time to sufficiently prepare for any competition, as was the case with the Margaret Cunneen Witness Examination. However, making the necessary sacrifices becomes easier when you are passionate about competing in competitions and the professional

For students considering this competition in the future, I recommend thoroughly exploring the MULS internal advocacy competition opportunities available. That is, familiarising yourself with some of the many moot competitions on offer

by MULS, alongside, and most importantly, the MULS Witness Examination Competition. As the saying goes, do not be afraid to go out on a branch, for that is where the fruit is found.

My advice for those considering any intervarsity competition is to be bold about putting yourself forward. Whilst the UTS LSS x MULS Margaret Cunneen Witness Examination competition was one of my most humbling competitions experiences, the experience and confidence gained proved invaluable in my future witness examination competition endeavours.

“do not be afraid to go out on a branch, for that is where the fruit is found.”

MULS X SULS ADR

MULS X SULS ADR

Modelled after the MULS ADR Championship, this competition will be hosted in-person at Macquarie University and shall feature two rounds consisting of a client interview followed by a negotiation based on the same scenario. The scenario will likely pose several issues which teams will have to navigate in a short space of time whilst also maintaining client rapport. Due to the structure of this competition, MULS will be nominating two teams of two students for this competition.

2020 COMPETITOR Simone Alexander 1. What is the unique quality of this competition that differentiates it from the internal competitions that are offered?

Whilst similar to internal competitions offered by MULS, the level of difficulty in terms of issues and competitors is significantly higher.

Competitors at this level are expected to have previously engaged with similar competitions. Therefore it’s important to use all your previous experiences and resources when engaging

that each time we engaged with the competition we had new perspectives and ideas.

3. For competitors considering this competition in the future, what other competitions can they attempt to boost their skills/what advice can you provide?

It is a must to compete in the Client Interview, Negotiation, and internal ADR Championship before entering this competition.

Each section has its own unique set of challenges and therefore

in this competition.

it's imperative that you understand how to tackle each section

2. What did the preparation process consist of and how did

experiences in internal professional skills greatly impacted how

you manage this workload with your other commitments?

Prior to the competition my teammate and I engaged in Zoom meetings with a coach to practice and prepare different strategies that we could implement. We ensure to set aside a time on different days leading up to the competition to address each 68

element of the competition. This prevented fatigue and ensured

individually before diving into this competition. I found that my quickly I was able to assess the issue at hand, provide solutions and engage with the opposing counsel. Competing in these negotiations or client interviews will help provide a holistic understanding of the ADR process and strengthen your ability to move forward in the competition.

A qualified professional mediates the dispute and distinguished judges assess how well the teams have advanced their interests. This is the world’s largest moot exclusively devoted to international commercial mediation. For more information, please visit: https:// disputescentre.com.au/apcmc/

2021 COMPETITOR Annya Reshty 1. What is the unique quality of this competition that

3. For competitors considering this competition in the future,

differentiates it from the internal competitions that

what other competitions can they attempt to boost their

are offered?

skills/what advice can you provide?

The unique qualities of this competition are firstly that it is a medi-

I highly recommend competing in all the professional skills

ation competition which has a slightly different structure to a nego-

competitions. The Negotiations and Client Interview compet-

tiation competition in that it requires more formalities between the

itions that MULS offers equips you with the ability to identify

parties and involves a third-party mediator. Secondly, you have the

and critically analyse legal issues and how to actively listen

opportunity to compete against institutions across the Asia-Pacific

and communicate constructively. Competing in the ADR

who have diverse negotiating skills. You are also able to attend var-

Competition will also provide you with a holistic understanding

ious networking events and meet legal professionals from different

of all the professional skills required in the legal profession.

countries and backgrounds.

2. What did the preparation process consist of and how did you manage this workload with your other commitments?

In terms of preparation, my team and I had consistent meetings over Zoom as we were required to make submissions for the three preliminary questions before the commencement of the competition. We also had a coach which we scheduled meetings

ADC-ICC ASIA PACIFIC COMMERCIAL MEDIATION

The Annual ADC-ICC Asia-Pacific Commercial Mediation Competition creates a unique opportunity for university students to practice their negotiation skills in a commercial mediation setting; an essential area of dispute resolution in international commercial law.

Competing teams represent two sides of an international commercial dispute, with members assuming the roles of the Client and Counsel.

COMPETITIONS GUIDE

ADC-ICC ASIA PACIFIC COMMERCIAL MEDIATION COMPETITION

I found that having a background in these competitions made it easier for me to break down the scenarios we were given in ADCICC and I had a strong starting point whenever I was unsure about how to approach a question. I highly recommend competing as much as you can because it provides you with the insight into the practical skills required of a legal professional which you would not experience otherwise in your law degree.

with to discuss our plan and strategies for each question.

These extensive meetings and preparation meant that we had to balance our university workload and personal commitments by allocating specific time in our week to prepare for the competition.

We would always have open discussions about the amount of time we would be able to dedicate each week so that no member of the team felt overwhelmed. To make the workload lighter we allocated certain parts of the work to a specific person so that we

“We would always have open discussions about the amount of time we would be able to dedicate each week so that no member of the team felt overwhelmed.”

could all collaborate at the next meeting.

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COMPETITIONS COMPETITIONS GUIDE GUIDE

FROM THE BENCH

FROM THE NAME BENCH SECTION 70

Our judges' feedback is one of the most valuable tools in competitions. Hear from a variety of judges, their experiences and how you can become the best competitor.

How has your competition experience shaped your

Macquarie Alumni, Witness Examination Judge

I practice in public liability litigation so my experience in

professional life? mooting and witness examination made real-world court appearances a lot easier. Competitions also required me

COMPETITIONS GUIDE

Marco Lopresti

to work under time constraints and identify the strengths and weaknesses in opposing case theories, all of which have proved invaluable in my professional life.

What is the difference between a good competitor and a great competitor?

A great competitor will anticipate questions from judges and submissions from opposing counsel and be prepared to respond confidently, clearly and concisely with supporting authorities. In witness examination, a great competitor will drill down into a handful of key issues rather than covering everything in the witness statements.

Can you recount the most memorable performance in a competition that you have judged?

Competitor performance in witness examination finals is typically very entertaining to watch and judge. The competitors have refined their advocacy skills over the course of the competition, they know the rules and are more comfortable than in opening rounds.

MULS offers a variety of different competitions — what

What is the most common mistake students make when competing?

Lack of eye contact / looking down at notes and reading from a pre-prepared script.

is one competition students should compete in this year?

Witness Examination.

What is your favourite depiction of the legal profession in a TV series or movie and why?

Dr. Lise Barry Dean of Macquarie Law School

Can you recount the most memorable performance in

FROM THE BENCH

The Devil’s Advocate, because Al Pacino.

a competition that you have judged?

Macquarie Law School has produced two Australian Championship teams in Client Interview — Nicola Amys and Stephanie Fehan were exceptionally good at time management and sharing roles — they knew each other so well and had very complimentary styles. Reece Corbett-Wilkins and Nicholas Ferrari were national

What is the difference between a good competitor and a

champions in Client Interview (and runners up in World Champs)

great competitor?

and subsequently national champions in the Negotiation Comp-

Preparation and creativity separate the good from the great.

etition as well. They had a lot of commercial understanding and

The best competitors prepare for every eventuality. They understand the law, but more than that, they are able to put themselves

common sense which they applied to both competitions. Both of these teams were unflappable and always polite — ­ never aggressive.

in the shoes of the client and think creatively and realistically

MULS offers a variety of different competitions — what

about how to argue a position or make compromises and conc-

is one competition students should compete in this year?

essions. Really great competitors seek feedback and then act on

I recommend the skills competitions because client interview

that feedback. This takes humility and the ability to accept and listen to criticism.

What is the most common mistake students make when competing?

The most common mistake in the Skills Competitions is a lack of time management. You need to keep a good eye on the clock and understand what to prioritise in your client interview or negotiation. In the Negotiation Competition, the most common mistake is a lack of reality testing both the team’s own solutions or the proposals of the opposition.

and negotiation skills comps teach you how to listen, how to think on your feet and how to work in a team. These are skills that everyone needs, no matter what profession or role they are aiming for.

What is your favourite depiction of the legal profession in a TV series or movie and why?

I have a soft spot for Saul Goodman from Breaking Bad and Better Call Saul — underneath his highly unethical practice lies a heart of gold and a great sense of humour.

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COMPETITIONS GUIDE

Dr. Amanda Head

competition between MQU and USYD. The two students

Senior Lecturer and Professional Skills Judge

Law Lawyers and Society. I was so incredibly proud of their

representing MQU were two of my former students from performance and application of the skills they learnt in my unit.

They really give the USYD students a run for their money.

MULS offers a variety of different competitions–what is one competition students should compete in this year?

I am a little biased in this respect. I teach communication skills and

What is the difference between a good competitor and a

client interviewing in Law, Lawyers and Society, and so I would reco-

great competitor?

mmend the client interview competition. It requires students to think

Good competitors come into the competition very well prepared.

on their feet, work collaboratively in a team, and develop skills

Great competitors are, of course, also very well prepared but are also able to adapt and respond accordingly in the present moment.

that are transferable well beyond a career in the legal profession.

What is your favourite depiction of the legal profession in a

What is the most common mistake students make

TV series or movie and why?

when competing?

Good question. There are so many movies that focus on the legal

This relates to the previous question. Students will often be very

profession, and many do not portray the profession particularly

well prepared but sometimes competitors are thrown a curve ball during a competition. A common mistake is not adapting and just continuing with the ‘script’. The best competitors are the ones

well. One of my favourites is the screen adaptation of John Grisham’s novel, The Client and in particular, Susan Sarandon’s character, Reggie Love. Reggie is an attorney representing a child who witn-

who are in the moment.

essed a murder. Her initial interactions with her client and then

Can you recount the most memorable performance in a

was nominated for an Academy Award and won a BAFTA for the

competition that you have judged?

role. I thoroughly recommend it.

with Tommy Lee Jones’ character are just priceless. Susan Sarandon

I would have to say it was when I was judging a client interview

FROM THE BENCH

nothing like today. I did not have those opportunities and so I

Dr. Andrew Burke Senior Lecturer

learned advocacy on the job. I’m jealous of the opportunities now offered and it blows me away how advanced some students’ skills are by graduation.

Can you recount the most memorable performance in a competition that you have judged?

There have been a couple of memorable disasters but I’m not going to embarrass anyone, and in fact I admire and respect those students for having a go even when they were clearly terrified

What is the difference between a good competitor and a

beginners. There have been quite a few very good competitors in

great competitor?

the past few years; probably Fareed Qureshi stands out, and he

Practice! No-one is born with amazing legal skills. We all develop them over time. The more you do, the better you will get. Learn

International Law Moot team.

from your mistakes – you can learn more from failing then

MULS offers a variety of different competitions — what is one

succeeding — be humble, accept advice and keep going.

competition students should compete in this year?

With practice the good becomes great.

Well it all depends! If you’re a beginning then the Foundations

What is the most common mistake students make

or Novice Moot. If you’ve done those, then move on into the

when competing?

other MULS comps. If you’ve done a few of them then look to

Probably rushing. Competitions have time limits but many students

rep Macquarie in a bigger comp. Of course I’m biased, but the

don’t use all their time. It’s like walking out of an exam half an hour early. It’s not TV — it’s not two sentences, mic drop, sit down — it’s ok to pause to think before you yield the floor. What matters is that you’ve said everything you need to say or asked every question you need to ask. Also, if you talk slowly it’s easier to think on your feet.

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has gone on to work for the Law School as a coach for the Jessup

Criminal Law Moot is always a lot of fun.

What is your favourite depiction of the legal profession in a TV series or movie and why?

So many, but Jimmy McGill / Saul Goodman in Better Call Saul is my favourite. He’s not a great advertisement for the profession

How has your competition experience shaped your

but he fights and scraps for the little guy, and to be honest it

professional life?

comes much closer to depicting the grittiness and ethical issues

Ha! The Macquarie Law School that I attended as an undergrad

involved in criminal practice than say a show like Suits or even

did not have a lot of competitions. There were some but it was

Law and Order.

Senior Lecturer and Mooting Judge

Can you recount the most memorable performance in a competition that you have judged?

I’ll answer this question in relation to written memorials. When evaluating memorials in the International Criminal Court Moot Court Competition, the most memorable submissions are

COMPETITIONS GUIDE

Dr Daley J. Birkett

not only those that are persuasive and demonstrate the team’s knowledge of the facts and the law, but those that also evince original thought. International criminal law is a relatively new branch of public international law. This leaves much scope for What is the difference between a good competitor and a

creative thinking!

great competitor?

To name but one, a great competitor will lead the judges by the hand through the story they wish to tell and they’ll use everything

MULS offers a variety of different competitions — what is one competition students should compete in this year?

at their disposal — the judges’ questions, the opposing team’s

I’d have to say the IHL Moot, not least because I authored

pleadings (and written memorials), the (sur)rebuttal, etc. — to

the problem!

convey their narrative. In other words, a judge should never be uncertain as to what your story — or the answer to the problem

What is your favourite depiction of the legal profession in a

at hand — is and, besides, where you are in your narrative at any

TV series or movie and why?

given time.

Though not a depiction of the legal profession stricto sensu, I’d

What is the most common mistake students make when competing?

Students might stick too inflexibly to a pre-prepared speech. This poses multiple problems. For instance, if a judge asks a question at a juncture when it was not expected, the inflexible student is ill-prepared to answer the question concisely and directly or, if a student runs out of speaking time, they might fail to make their

be remiss if I didn’t take this opportunity to recommend the 1957 movie, 12 Angry Men (based on Reginald Rose’s 1954 play) to all aspiring advocates, not to mention students of criminal justice!

Set almost wholly in the jury room after the closing arguments in a teenage boy’s trial for first-degree murder in New York, among other themes, the film raises crucial questions concerning ‘reasonable doubt’ and the jury system. Please do watch it!

FROM THE BENCH

most important point on account of omitting to ‘drop’ a less crucial argument slated for delivery earlier in their oral pleadings.

Fareed Qureshi MULS Alumni and Mooting Judge

excellent job of debriefing the client and obtaining all the relevant information, without explaining to the client the services they can offer with that information.

Can you recount the most memorable performance in a competition that you have judged?

AVL mooting gave rise to a few interesting moments. I recall one competitor mooting while lying in bed in a onesie…

What is the difference between a good competitor and a great competitor?

Preparation. Competitions are generally won or lost before the competitors even step in the room on match day, as a good judge will pick the level of preparation each side has put in very quickly.

What is the most common mistake students make when competing?

Many competitors fail to understand the fundamental purpose of the competition. For example, mooters often express frustration at having lost a round in which they put a better legal case, despite presenting as far less compelling oral advocates. Researching the law is only one half of a moot. Presenting your case is the other.

MULS offers a variety of different competitions — what is one competition students should compete in this year?

I acknowledge my bias as a Jessup coach, but still say mooting. Get involved sooner rather than later. You will learn key legal skills, make some contacts and, if you keep going, you might be the one to bring home an elusive international title.

What is your favourite depiction of the legal profession in a TV series or movie and why?

Bridge of Spies. Tom Hanks stars as an insurance lawyer tasked by the CIA with negotiating with East Germany and the USSR for the return of an American pilot. Fantastic depiction of the virtues of interests-based negotiating.

Similarly, client interview competitors sometimes forget that the purpose of the interview is to try and persuade the prospective client to actually engage your legal services. Teams often do an 73

COMPETITIONS GUIDE

WHICH MULS COMPETITION SHOULD YOU TRY?

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Which MULS Competition

should you try?

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WHICH MULS COMPETITION SHOULD YOU TRY?

COMPETITIONS GUIDE

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2023