MULS Competitions Guide 2024

The Macquarie University Law Society operates many of its internal and intervarsity competitions on our Wallumattagal Campus, the traditional land of the Wallumattagal clan of the Dharug Nation Their cultures and customs have nurtured, and continue to nurture, this land since the Dreamtime We pay our respects to Elders past, present, and emerging

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COMPETITIONS DIRECTOR’S WELCOME

Spice up your university experience with MULS competitions! Because who said the joy of winning should be confined to sports fields? Discover the thrill of victory within our competitions, take inspiration from the pages of our publication, and pave your way to becoming a champion competitor Ready, set, conquer!

My name is Sujal Chadha, the Director of Competitions for 2024 and I am very excited to continue MULS’s competitions legacy with this year’s Competitions Guide.

A bit of background about me, I have been an avid competitor since my first year of my law degree, competing in competitions ranging from client interview and negotiations to different subject based moots. Participating in these competitions has been quite beneficial for me as it allowed me to develop my oral communication and active listening skills as well as collaboration and advocacy skills It also has allowed me to network and develop personal connections with fellow peers as well as law school academics and industry professionals Participating in competitions is an amazing way to catapult your professional development to another level, as the experience and skills you learn lets you establish a strong foundation for your professional career

Following on from last year’s success, we are extremely excited to share the Competitions Guide 2024 with you all over again. This guide is the product of the collaboration between the Competitions and Publications portfolios of MULS and through this guide we hope to encourage students who are eager to participate in competitions but do not know how to. It is also aimed at further motivating experienced competitors to continue their journey to excellence and being the best competitor they can be.

One of the biggest challenges for individuals that I have seen over the years is the hesitation to take the first step to compete Through this guide, we seek to encourage everyone to see what competitions at MULS are about as well as how rewarding the competitor’s journey is by providing them with an opportunity to step up to the challenge and participate in competitions.

All the best of luck to you! May your competitions journey be fruitful! Sujal Chadha

“PARTICIPATING IN COMPETITIONS IS AN AMAZING WAY TO CATAPULT YOUR PROFESSIONAL DEVELOPMENT TO ANOTHER LEVEL”

PRESIDENT’S WELCOME

Welcome to the vibrant world of MULS Competitions! Here, the Macquarie Law School experience extends far beyond the classroom, and our competitions community stands as living proof of the many engaging avenues available to students

Competitions are more than just legal challenges they're invaluable opportunities to hone essential skills that transcend the boundaries of legal practice. Whether you're a seasoned competitor, new to the scene, or somewhere in between, this guide is your gateway to understanding how you can dive into competitions. Participating in these events not only translates legal knowledge into practical skills but also enhances your law school journey by connecting you with like-minded peers. You might even discover where you truly belong!

What makes the Competitions portfolio truly special is the incredible sense of community it fosters Countless times I've witnessed experienced students going out of their way to support newcomers There's truly something for everyone, from thrilling chances to compete in front of legal professionals to the camaraderie among competitors. Over time, I've competed, judged internal rounds, and engaged with students from various universities across a spectrum of competitions MULS offers.

There's no "perfect" time to step into the world of competitions. Regardless of your stage in the degree, speaking abilities, or time commitments, there's an opportunity tailored for you. As someone who has competed and judged competitions, I can attest that it's been one of the most enriching experiences of my law degree. Don't hesitate to reach out to anyone in the Competitions community for guidance or advice Keep an eye on MULS Competitions via Facebook and the MULS Website for upcoming opportunities; applications usually open at the semester's start

I extend my heartfelt thanks to Sonia, Jordan, Sujal, the entire Competitions team, past contributors, judges and volunteers for their contribution to this Guide. Your insights, contributions, and ongoing support have made this Guide possible. Here's to an exciting journey ahead with MULS Competitions! Mikaela Mariano

“THERE'S NO "PERFECT" TIME TO STEP INTO THE WORLD OF COMPETITIONS. REGARDLESS OF YOUR STAGE IN THE DEGREE, SPEAKING ABILITIES, OR TIME COMMITMENTS, THERE'S AN OPPORTUNITY TAILORED FOR YOU.”

PUBLICATIONS DIRECTOR’S WELCOME

Welcome to the MULS Competitions Guide for 2024! At Macquarie, your law degree doesn’t end at the classroom door Throughout the year we hold a variety of subject and careerbased competitoins which aim to test your legal knowledge and bring the experience of the court or boardroom to campus. We aim for this guide to provide you with a practical understanding of how to moot, negotiate and witness examine by coupling examples such as written submissions with advice from a range of elite former Macquarie University competitors.

In recent years, Macquarie University has made remarkable strides in demonstrating its competitive prowess through successes in external and international mooting competitions

The Law School’s devotion to our competitions programs has aided the university in crafting informed and versatile competitors, many of which employ their skills both in competitions and in their later careers as barristers and solicitors. Coupled with our stateof-the-art Kirby Moot Court, there has never been a better time to be a Macquarie Competitor. Happy mooting! Jordan

Lau

EDITOR’S WELCOME

Get your pens out and your game faces on because it is time to go toe-to-toe with your fellow law students. Welcome to the Competitions Guide!

From negotiations to moots, the Competitions Guide is here to help you navigate through the opportunities you have as a student to compete in competitions and develop your professional skills This year, we hope that you will look at competitions as more than just a challenge Instead, see it as an opportunity to make memories, have fun, and apply the skills you’ve been working hard to gain

In the Competitions Guide you will find all the information you need to get involved with all the competitions that MULS has to offer. Make sure you bookmark this guide because it will be an indispensable tool for your competitions experience in 2024. Enjoy and good luck in your next competition! Sonia Wensley

JUNIOR CLIENT INTERVIEW

NEGOTIATIONS

PRIVATE LAW MOOT

CRIMINAL LAW MOOT

MULS X SULS SIR JOHN PEDEN

CONTRACT LAW MOOT

MULS X SULS ALTERNATIVE DISPUTE

RESOLUTION INTERVARSITY COMPETITION

INTERNATIONAL HUMANITARIAN LAW MOOT

PAPER PRESENTATION

UNSW PRIVATE LAW MOOT

MULS X SULS X UTS LSS ESL MOOT

UTS LSS NEGOTIATIONS COMPETITION

UTS LSS X MULS BILATERAL

CONTRACT LAW MOOT

SENIOR CLIENT INTERVIEW

FOUNDATIONS OF LAW MOOT

NOVICE MOOT

WITNESS EXAMINATION

DIVERSITY & PRIDE MOOT

CONTRACT LAW MOOT

UTS LSS INTERVARSITY LEGAL

TECHNOLOGY MOOT

MULS ENVIRONMENTAL LAW MOOT

CHAMPIONSHIP MOOT

ADC-ICC ASIA-PACIFIC COMMERCIAL

MEDIATION COMPETITION

MICHAEL KIRBY CONTRACT LAW MOOT

MULS ALTERNATIVE DISPUTE

RESOLUTION

SULS CLIENT INTERVIEW COMPETITION

MARGARET CUNNEEN SC WITNESS EXAMINATION COMPETITION

SIR HARRY GIBBS CONSTITUTIONAL LAW MOOT

MEET COMPS COMPS COMPS

SUJAL CHADHA | COMPET

As Competitions Director, my role is to oversee and assist competitions both internally and externally I am a point of enquiries and any concerns you may have regarding comp also happy to just have a chat with you if you want

What is your competition and who is it aimed at?

With so many amazing competitions at MULS, it is honest to select one. I am responsible for the running of all compe means I handle the organisational aspect of competitions a first point of contact for any inquiry or concern.

THE S TEAM S TEAM S TEAM

TITIONS DIRECTOR

t in running all contact for any petitions I am

very difficult

How have competitions impacted your education?

I have improved upon skills such as time management, research, critical thinking and problem-solving which are very important and highly transferable across any walk of life I have also networked and formed connections with close friends, industry professionals and law school academics, all of whom have provided exceptional guidance and support to me.

ADITI PAL | EXECUTIVE OFFICER (FOUNDATIONS)

Hello! My name is Aditi and I am one of the Executive Officers for Foundations Competitions I look forward to running the Foundations of Law Moot in Semester 2, as well as working alongside Emma in preparing the International Humanitarian Law Moot for Semester 1

What is your competition and who is it aimed at?

The Foundations of Law Moot is an excellent opportunity for first year law students to experience what mooting is all about! This competition is a door-opener for students into the realm of advocacy where they are able to develop integral skills in legal research and professional speaking, as well as make meaningful friendships along the way The low-pressure yet insightful environment the competition offers students is not one to miss getting involved in!

How have competitions impacted your education?

Taking the proactive step to get involved in competitions helped empower me to shape a positive university experience for myself When beginning my degree I was faced with the common experience of a plague of nerves in a space of uncertainty Choosing to walk into the Competitions Expo on a whim was like opening a door and finding a pot of gold behind it Being able to meet first year students like myself and getting ourselves involved in the Junior Client Interview and Foundations of Law Moot reaped invaluable confidence and perseverance which I continue to use in every step of my degree

EMMA READING | EXECUTIVE OFFICER (FOUNDATIONS)

Hi, my name is Emma and I'm an Executive Officer for Foundations Competitions this year Aditi and I will be running the International Humanitarian Law (IHL) Moot in Semester 1, and I'll be running the Novice Moot in Semester 2

What is your competition and who is it aimed at?

The IHL moot is the perfect place to start if you're interested in international law or potentially competing in Jessup in later years The Novice Moot is for students who aren't in their first year and have never mooted before It's a good starting point to be on an equal playing field with your competitors and get strong guidance before going into more specialised competitions.

How have competitions impacted your education?

Participating in the Foundations Moot last year really helped me to become more confident in my legal writing skills as a 'solicitor' ck on my team's writing and speaking skills really helped me get a better idea of ove my assignments and cover letters

HEIDI HUGGETT | EXECUTIVE OFFICER (EXTERNAL ADVOCACY)

Hi, my name is Heidi and I am the returning 2024 Executive Officer for External Advocacy My main competition is the MULS Environmental Law Moot Competition!

What is your competition and who is it aimed at?

The MULS Environmental Law Moot Competition gives students the opportunity to moot at the Land and Environment Court in front of Chief Justice Preston! Environmental Law is increasingly becoming a more prevalent part of Australian and world politics The law surrounding this topic is very much untested and progressing as new environmental concerns are raised Further, the panel of judges includes prominent environmental firms and practitioners who can provide advice and guidance that you will receive no where else

How have competitions impacted your education? Competitions have helped me transfer the knowledge I learn in my degree to practical situations By doing competitions I have drastically increased my comfort levels in public speaking and advocacy I have also made many important connections with practitioners and academics whose advice and guidance is unparalleled

PETER TURNER | EXECUTIVE OFFICER ADVOCACY)

i! I'm Peter and I am the Executive Officer for Competitions (Advocacy) in 2024 As part of this

le, I will be organising subject based moots such as the Contract and Criminal Law Moots I will so be organising other advocacy competitions such as Witness Examination

What is your competition and who is it aimed at?

hese competitions are designed to challenge students in a number of ways. Simulating an ppellate hearing, students are required to research and prepare written submissions on the subject atter and present an argument before a bench of judges in a simulated court These competitions e designed for any students completing an LLB course.

ow have competitions impacted your education?

you are well prepared, competing in these competitions should have little to no negative impacts n your degree Rather, they equip you with the necessary skills in practice These competitions ow you the opportunity to experience what it is like as a lawyer outside of law school which is omething that can give you a competitive advantage

JULES GOBRAN | EXECUTIVE OFFICER (PROFESSIONAL SKILLS)

My name is Jules Gobran, a fourth year Macquarie Law student My position in MULS is the Executive Officer for Professio Skills where I will be running the Negotiations and Paper Presentation competitions

What is your competition and who is it aimed at?

The Negotiations Competition, targeting all students, challenges teams of two to negotiate settlements satisfying both thei client and the opposing team's client The competition is designed to test and refine legal negotiation skills of competitors

The Paper Presentation is a competition which gives students the opportunity to submit an academic paper in relation to a legal issue of their choice This competition consists of a written submission and an oral presentation The written submiss must be 2,500 and 5,000 words and the oral presentation lasts for 15 minutes, with an additional 10 minutes of questions from the judges

How have competitions impacted your education?

Competitions are an essential step that students need to attempt to understand the different skills a lawyer must have Personally, I found that applying the law to a set of facts made me use the law in much different ways than that of an assignment Competitions as cliché as it might seem, also supported me in fostering new friendships These new friendshi make competitions just that more enjoyable to be a part of

RHIANNON MARSHALL | EXECUTIVE OFFICER (PROFESSIONAL SKILLS)

Hello, I’m Rhiannon I am the MULS Executive for Competitions In this role, I oversee the Junior Client Interview, Senior Client Interview, and Paper Presentation competitions

What is your competition and who is it aimed at?

These competitions aim to provide students with practical experience and opportunities to showcase their skills The Junior and Senior Client Interviews simulate real-world scenarios where participants interact with hypothetical clients, presenting solutions to legal issues The Paper Presentation competition allows students to research and present on legal topics of interest

How have competitions impacted your education?

Competitions have had a significant impact on my education, offering hands-on experience, refining critical thinking and communication skills, and fostering teamwork and professionalism They've provided a platform to apply theoretical knowledge to practical situations, enhancing overall learning and preparing me for future endeavors in the legal field

2023 ACHIEVEMENTS

2023 was a phenomenal year for Macquarie competitors. Across both advocacy and professional skills, our competitors demonstrated a profound degree of diligence, teamwork and legal knowledge

National Champions of the Philip C. Jessup International Law Moot Court Competition; Rank 3 Worldwide for Preliminary Rounds

Champions of the 2023 SULS Multilateral Client Interviewing Competition

Champions of the 2023 UTS LSS Intervarsity Negotiations Competition

Champions of the 2023 Margaret Cunneen SC Witness Examination Competition

Grand Finalists in the ALSA International Humanitarian Law Moot

National Quarter Finalists of the Kirby Contract Law Moot

Quarter Finalists of the 2023 Intervarsity English as a Second Language Moot

Second Place Worldwide in the Nuremberg Moot Court Competition

International Quarter Finalists of the Philip C. Jessup International Law Moot Court Competition

NEW FACILITIES

KIRBY MOOT COURT

Positioned as the centerpiece of the Macquarie Law School, floating over the heads of visitors arriving through the main entrance, the Kirby Moot Court is a state-of-the-art moot court we hope all Macquarie Advocates can use during their competing years.

The court boasts three rows of circular seating space for audience members to catch the action from all angles. Microphones on the bench and bar tables are connected to the rooms audio system, and digital resources can be accessed from monitors on each table Both in appearance and function, the Kirby Moot Court simulates a real Australian courtroom.

There is no better way to prepare students for the bar than to bring the court to campus.

MOOTING AND PROFESSIONAL SKILLS ROOMS

The new Michael Kirby Building also has two brand new rooms dedicated to smaller mooting competitions and professsional skills. These rooms can be altered at will to suit all kinds of competitions from negotiations to witness examination.

QUIET AND MEETING ROOMS

Before you step into the moot court you’ll need somewhere to draft written submissions and practise verbalising your arguments! Quiet and Meeting Rooms are available to book across the new building We recommend using these as a place for you to meet up with teammates and plan for your competition. Most meeting rooms are equipped with whiteboards for you to scribble down any ideas or arguments!

BEGINNING IN 2024, MACQUARIE COMPETITORS WILL BE ABLE TO USE AN ARRAY OF NEW MOOTING AND PROFESSIONAL SKILLS FACILITIES INSIDE THE MICHAEL KIRBY BUILDING

HOW TO GET INVOLVED AS A COMPETITOR COMPETITOR

Competitions are an incredibly rewarding experience that provide a depth to your law degree which you don’t get from regular class Whether you’re a speaker or non-speaker there is a place for you in competitions - this is why we encourage all students to give them a go

Deciding which competition is for you

If you are a first year student, you have a easy job deciding! We offer two competitions for first year students: Junior Client Interview and the Foundations of Law Moot. The Foundations of Law Moot is a ‘mock-trial’ where students are encouraged to employ their legal skills learnt in LAWS1000: Foundations of Law to deliver a compelling appeal case against your peers. Conversely, Junior Client Interview focusses on the lawyer-client relationship, and assesses how well students can address client needs and guide an initial consultation to be productive and beneficial for the client

If you are not in first year, your options increase substantially! Our recommendation for choosing competitions is to determine which area of law interests you and to use competitions as a basis to pursue this field. For example, those with ambitions of becoming a barrister should opt for mooting, while those who dream of starting their own law firm should try out client interview.

Forming a team

Whether you’re competing in negotiations or mooting, most competitions will require you to compete with a team. We recommend reaching out to any friends you have made during university or in tutorials to partner with you for competitions. Alternatively, you can also sign up solo and be paired with another solo competitor. This is a fantastic way to make new friends and build a championship team!

How to know when to sign up

Signing up for competitions takes place on our Facebook page through a Google Forms link. Our Facebook page can be accessed here. We also post updates on our Instagram story (@mulsmacquarie).

MULS MEMBERSHIP

To compete in competitions, you need a MULS membership

In addition to access to competitions, the $5 membership also offers:

Discounts on all of our ticketed events

10% off at all Cult Eatery locations

MULS email resources and regular updates

JUDGE

HOW TO GET INVOLVED AS A JUDGE OR VOLUNTEER

While a real court is typically presided over by a Judge, Magistrate or Registrar, moot courts can be judged by a variety of candidates. At Macquarie University, we invite a range of legal professionals to judge moots based on their experience with mooting or experience in the legal discipline that the moot focusses on. In the past, our moots have been judged by: current Supreme Court and Land & Environment Court Justices, partners of commercial law firms, practising barristers, judges associates and academics.

How YOU can be a judge

In light of the above, preliminary rounds of moots are also judged by student judges and solicitors To be qualified to be a student judge, you must have previously competed in a moot and achieved relative sucess - typically semi-finalists and up.

Benefit

In addition to giving back to the competitions community, judging is an incredibly enriching experience. If you are a student competitor, judging is the best way to understand how judges formulate their line of questioning and will better prepare you for future moots of your own.

VOLUNTEER

Whether you are in first or fifth year, there are always ways to get involved with competitions. If you don’t want the pressure of mooting, and don’t have the experience to judge, we recommend joining in as a volunteer! This may involve being a witness for the witness examination competition or a client for the client interview competition. There is also a far less onerous time committment for these roles, where little preparation is needed

Get in contact

MULS regularly posts expressions of interest for student judges and volunteers on our Facebook page which can be accessed here.

Alternatively, feel free to contact our Competitions Director (competitions@muls.org) regarding your expression of interest.

MOOT

1.

2.

3.

A competition where students partake in a ‘mock trial’ to simulate the role of a barrister in delivering an appeal case

Teams are required to submit both written and oral submissions arguing either to maintain or overturn a previous decision

The closest experience students will have to a real courtroom before graduating

“I need to practice voice projection for the moot tomorrow”

ADVOCACY.

PHRASE BANK

Similar to a barrister in a regular court, there is a specific vocabulary a mooter must use to ensure they are addressing the court correctly and politely. Below are some of the most common phrases you’ll hear in a moot court.

“MAY IT PLEASE THE COURT”

The proper way to address the Court at the beginning of and during oral submissions.

Use instead of: “Hello Judges”, “Ladies and Gentlemen”, “Good Afternoon” etc

“MY LEARNED FRIEND/S”

How you refer to the opposing counsel. Mooting is more friendly than you’d expect!

Use instead of: “My opponent”, “Their team”, “[Name]”, “He/She/They” etc

“YOUR HONOUR”

The proper way to address the judge.

Use instead of: “You”, “Sir”, “Madam”, “[Name]” etc

“WE SUBMIT”

Used to introduce an argument.

Use instead of: “We think”, “We believe”, “We argue” etc

“WITH RESPECT”

Preface your disagreement with the Bench this way.

Use instead of: “We disagree”, “You’re wrong” etc

“IF

I COULD BE HEARD FOR A MOMENT LONGER”

If you are about to arrive at a vital part of your argument but the Bench is pressing you to move on, use this phrase.

Use instead of: “I need to finish my point”, “I need to say this for my argument to make sense” etc

“I WILL NOW TURN TO MY FIRST/NEXT SUBMISSION”

How to move on to your next argument so the Bench knows you have concluded.

Use instead of: “The next thing I want to say is ” , “My next argument is that ” etc

“I WITHDRAW THAT”

To retract an incorrect statement or an argument the Bench rejects.

Use instead of: “Sorry”, “My bad”, “I take that back” etc

“I EMBRACE THAT”

Used to agree with a comment the judge made.

Use instead of: “I agree”, “That is correct, madam” etc

“I DON’T PRESS THAT POINT”

A graceful way to concede your argument after the Bench reveals deficiencies.

Use instead of: “Don’t worry about that argument then” etc

STRUCTURE OF THE MOOT

APPEARANCES

PREPARATION

Once you have formed your team and been issued the moot question, its time to hit the ground running! Spend time with your team preparing your arguments, researching cases and preparing your written submissions.

Beginning the moot, the judge will ask for ‘appearances’ from counsel. This is where the Senior Counsel from both sides will introduce their name, their cocounsel’s name and the party they represent. For example: “May it please the Court, Jane Doe, D-O-E, joined by my learned co-counsel, John Lee, L-E-E. We appear on behalf of the Appellant.

APPELLANT’S ORAL SUBMISSIONS

It is polite for the first speaker of the Appellant to offer a summary of facts to the Bench prior to their submissions.

JUDGE’S FEEDBACK AND RESULT

Whether you win or lose, feedback is essential for your growth as a mooter!

SUBMITTING YOUR WRITTENS

Make sure to submit your written submissions prior to the competition! Writtens can be due anywhere from a week before the moot to the night before depending on the competition, so make sure to read the competition guidelines! Use the remaining time before the moot to review your opponents written submissions and construct how you address your arguments accordingly - but remember, your oral submissions should reflect what is in your writtens!

DAY OF THE MOOT

Don your finest court attire and print out all of your notes.

RESPONDENT’S ORAL SUBMISSIONS

Senior Counsel followed by Junior Counsel

RIGHT OF REPLY

In most competitions, Appellants are afforded a brief right of reply to respond to any claims made by the Respondent. However, if you are confident in your case it may be better to waive this right!

TIPS AND TRICKS

TIP #1

Know your facts

While it may seem like we’re pointing out the obvious, being familiar with your case is integral to how you perform on the day of the moot. It is common than more than half of the questions you receive will not be aniticpated, so the best way to prepare is knowing the facts inside out and using this to inform your responses

TIP #2

Draw diagrams

Stemming from Tip #1, we advise you draw diagrams of the facts as a means to uncover any inconsistencies or gaps in the opposing counsel’s case that you may be able to use to your advantage. once the case is visualised holistically, it is far easier to understand where your side is vulnerable and where you should focus the majority of your argument

TIP #3

Start early

We recommend opening the moot problem at your earliest convenience, ideally when you first see it. This is because your familiarity with the matter and foundational knowledge of the case will encourage you to work on it in the weeks prior to the moot. The hardest part of preparation is starting, so even just reading the problem is a good way to hit the ground running.

TIP #4

Create a table of authorities

A table of authorities, or table of cases, is a list of all the relevant cases you may need for the moot. If you regularly update the table throughout the preparation process, it will be easier to refer back to legislation and common law decisions when drafting your oral submissions. It will also be useful during your oral submissions, if the judge asks you a question regarding a case you may have forgotten - in this instance just refer back to the table of cases on your desk

TIP #5

Get into your opponent’s shoes

If you are able to anticipate your opposing counsel’s submissions, you will be able to draft a more robust set of arguments and weaken your opponents case. We recommend spending a day to research their side of the case and ascertain what their arguments may be.

TIP #6

You are NOT obligated to answer questions immediately

While it may seem like the best thing to do is answer the Bench immediately when asked a question, you are under no obligation to do so. If you are unsure of your answer or want more time to consider your response, it is perfectly acceptable to take a couple seconds to formulate a response This method is far more effective than answering immediately with a wrong or ill-conceived response

TIP #7

Write down feedback when given

After a stressful and tiring moot round, it may be easy to zone out and not take in feedback that is given afterwards. We would advise that during feedback time, ensure to write a few key pieces of advice the judge gives you. These will come in handy when you are preparing for your next moot. Remember, all our judges are experienced mooters so their advice is specifically targeted to assist your growth!

TIP #8

Ensure your argument evolves over time

In competitions like the Foundations of Law Moot, where the question remains the same throughout the competition, it is imperative that you are building your case and allowing it to develop over time rather than using the same argument for each round. While not copying them, use what you learn from your opponents to inform how you draft your submissions and prepare for the opposing counsel’s arguments.

TIP #9

Have a conversation with the Bench

If you were a public-speaker or debater in high school, avoid using the same speaking structure during mooting. Think of a moot as a conversation with the Bench - instead of reading a speech out to them, you are actively explaining the case to them, and guiding them through your submissions. If you frame it as a conversation, it will be far easier to respond to questions as these will naturally flow through the conversation. As you progress through mooting you will able to intertwine the judges’ questions with your oral submissions and use them to arrive back at a specific point

TIP #10

Enjoy your company

It is easy to get wrapped up in rushed preparation or finding the next breakthrough in your case, but keep in mind that univeristy is one of the best places to meet people and make lasting friendships. Enjoy the process, you could be seeing a lot more of your teammates later on in life!

FOUNDATIONS OF LAW MOOT

UESITES

• NO PRIOR MOOTING EXPERIENCE

• TEAM OF 2-4 PEOPLE

IF YOU ARE A FIRST YEAR STUDENT, THIS COMPETITION IS THE BEST WAY TO GET INVOLVED WITH ADVOCACY AND PUT YOUR LAWS1000/LAWS8001 KNOWLEDGE TO THE TEST

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FOUNDATIONS OF LAW MOOT HALL OF FAME

TARA PHIMSIPASOM & REESE HARVEY2023 CHAMPIONS

The Foundations of Law Moot challenged us to interpret and use legislation beyond the scope of what is taught in the first year of law It encouraged us to combine creativity with critical thinking to overcome hurdles such as seemingly ambiguous facts of the case This enabled a more comprehensive understanding of principles taught in the LAWS1000 unit. Some advice that we would give budding competitors is to ensure that you understand the principles and facts of all your authorities in depth and how they are applicable to the case The panel will guide you through questions designed to showcase your knowledge and thinking process, but having substantial knowledge to provide a comprehensive response is important! Additionally, in preparation for oral submissions, we found it helpful to speak through our points to each other many times to practise articulation Overall Just start! We both knew little about mooting before our first competition and approached it with the mindset of - “what’s the worst that can happen?”

ANASTASIA MUSCOLINO - 2022 CHAMPION

The Foundations of Law Moot is perfect for beginners, and the judges always give incredible advice not only about mooting, but also about studying law at uni Competing in the Foundations Moot enriched my university experience both academically and socially. It enhanced my research, legal writing and organisation skills which has and will continue to assist me in my studies, and also introduced me to a number of my fellow peers Mooting also gave me first hand experience with top tier law firms, through our judges who were lawyers at the firm, or through visiting the firm itself My Grand Final was held at the Herbert Smith Freehills office in the CBD, which acquainted me with the firm and showcased the strong connections MULS has built Some advice I would give to future competitors is to split the research amongst the team, but know all of your team’s and the other side’s points This will prepare you for questions about your learned friend’s submission! I also recommend starting your research and submission writing as soon as you receive your case, so that you can prepare a bit each day Mooting is a lot of work but if you plan your time, you won't need to sacrifice your studies or your social life!

SHARNI SELZER - 2021 CHAMPION

Hi there! My name is Sharni and I was the 2021 winner of the Foundations of Law Moot. The Foundies Moot was my induction to mooting and inspired my passion for mooting I loved learning to analyse the hypothetical scenarios and apply real laws and cases to present my argument

Competing in the Foundies Moot inspired me to join the MULS team, taking on the position of the Foundations of Law Moot Executive Officer in 2022 It was incredible to be involved in the ‘behind the scenes’ running of the moot I loved interacting with the first year students and various industry professionals who volunteered their time as judges A definite highlight of the 2022 competition was watching the finalists compete at the Herbert Smith Freehills office!

My advice for future mooters is to just give it a go! You will meet the most incredible people and learn real life skills which will set you apart in the legal sphere

SAMPLE WRITTEN SUBMISSIONS

See below for an annotated version of the winning written submissions from the 2023 Foundations of Law Moot. If you are new to mooting, we recommend using these submissions as a scaffold to build your own. Thank you to Tara Phimsipasom and Reese Harvey for their contribution

ensure you are referring to the correct court and jurisdiction

specify which party your team is representing

specify the length of time each competitor will be speaking for

note: if your team has any instructing solicitors they should be mentioned below counsel

orders may be more extensive depending on the complexity of the question, however concise orders are always preferable!

include the most important facts that are integral to the case and facts which you will refer to in your oral submissions. similar to the orders, there is no obligation to make your summary of agreed facts extensive it is more important to have more content in your outline of submissions

use clear subheadings to foreground your submissions

ensure each new point is reinforced by an authority (a case or legislation)

subsections are your opportunity to clarify the submission you have made. this may include reference to the facts or common law

it is acceptable to refer to the legislation in question as ‘the Act’ if it clear from the facts which Act you are referring to

each argument beneath the submission should be phrased a as a factual statement and does not need to be supported by an authority employ wording such as “it was ” , “this is” and “these are ” evidence should follow this statement below, evident in a) and b)

all footnotes should be compliant with the AGLC4 referencing guidelines

while it varies per competition it is ideal for novice and foundations competitions to divide submissions evenly between speakers. this may take the form of one main submission per speaker

minimise the amount of quotes used in your submissions unless they foregound the entirety of your arguments it will be more beneficial to discuss legal principles in your written submission and support these with quotes in your oral submissions

if your submissions follow a specific test, it is important to outline the elements of the test in your written submissions

ensure to also provide your answers to the test so it is clear for the bench

if you are referring to a specific principle from a case, it is important explain the provisions of the principle so the court is aware of how you plan to apply it

NOVICE MOOT

The Novice Moot is for students in their second year or above who have never mooted before The questions for the Novice Moot will either be based on contract or criminal law. The structure of the Novice Moot is exactly the same as any other mooting competition, and it’s a great way to gain experience mooting as a law student, all whilst enhancing your research and communication skills.

ELLEN SHAI-HEE - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

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Dedicating enough time to extensive research and ensuring the information we were relying on was up to date. I also found it most important watching videos of big moot competitions online to observe experienced mooters’ advocacy skills and court etiquette, to give me a sense of the level of professionalism expected Learning court etiquette through prior work experiences gave myself & my partner an edge in the competition, as the Novice Moot is for beginners, just so not everyone was familiar with this, including myself to an extent. Allocating my time is what I found most difficult. I had to WFH on the days submissions were due. Tara and I both work in the city and so we would meet after work at the library a few nights before submissions were due to go through our arguments and make sure we were on the same page

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

This was difficult for me personally, so moving forward I would consider taking a half day of work or the day off completely. I was working full-time and had to work on my submissions during lunch breaks. Also, having had the competitions in the evenings makes you tired the next day. Preparing for a moot takes longer than you might think, so allocating more time to this in the future is something I will prioritise

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

Confidence is key in moot competitions, it is important to believe in your ability to argue your case effectively, as well as being resilient to the critiques in your arguments. Knowing and applying this was an unexpectedly more important aspect to the competition than I had thought. Not everything will go according to plan, so be prepared to adapt and think on your feet. Staying composed in these moments was not easy as a first time mooter

BE PREPARED TO ADAPT AND THINK ON YOUR FEET

AS SOMEONE INTERESTED IN LITIGATION AND DISPUTE RESOLUTION, THE COMPETITION GAVE ME INSIGHT INTO WHAT IT MIGHT BE LIKE TO BE A PROFESSIONAL WORKING IN THIS FIELD

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

Mooting is not only about winning, but about learning experiences that hone your legal skills and prepare you for real-world advocacy. As someone interested in litigation and dispute resolution, the competition gave me insight into what it might be like to be a professional working in this field in the future. Further, the competition helped me personally in beginning to get over my fear of public speaking. This was part of my motivation for participating in the competition, and I was proud of myself for continuing to push my limits and grow.

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

That preparing for questions is just as important as preparing the submissions themselves. This includes questions that could undermine your argument. I wish I knew to practice staying calm and composed when answering questions, even if they questions are challenging. I also wish I better kept track of my research resources and bringing them along to have in front of me. Sometimes when a judge asks you about an authority you have relied upon, having the relevant sections on hand and knowing the facts of the case can be the difference between winning and losing

INTERNATIONAL HUMANITARIAN LAW MOOT

The International Humanitarian Law Moot (IHL) is hosted to allow mooters to get a taste for advocacy in international law. Most students will compete in this moot after completing their International Law unit, though any students can participate provided they have competed in the Foundations or Novice Moots.

This competition is a perfect way to build upon the knowledge gained in LAWS2000 and practice researching fundamental treaties, customs or general principles of international law. Questions can delve into a range of multifaceted international legal issues, including war crimes, crimes against humanity or conduct during armed conflict

Teams of two to four people will be assigned to either the prosecution or defence side of a matter before a fictitious Tribunal or the International Criminal Court. Generally, the prosecution will be tasked with establishing that a violation of the relevant law has occurred and that the accused is criminally responsible for this conduct. Conversely, the defence will raise doubt regarding the aforementioned conduct in favour of their client, the accused. This competition acts as a precursor for larger international law competitions including the Phillip C. Jessup International Law Moot

JACQUELINE STARK - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

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At the beginning of the competition, our team spent time making sure we were across the general legal and procedural principles that are unique to international criminal law, as well as researching and drafting our written and oral submissions. The most important thing we spent time on was practicing as a team, running our submissions and asking each other questions, to make sure our arguments were considered and persuasive.

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

We did the bulk of our research when the question was released early in the semester, so we only had to do targeted reading and make small adjustments as the competition progressed and we became more familiar with the case Mooting became a good break from work and uni, and was something I looked forward to

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

Researching international criminal law can be challenging at first, because international criminal law has specific rules and procedures, and the research process is different to what most students who have just taken domestic law subjects will be used to That being said, international criminal law is not completely foreign, and if you spend time getting on top of the foundational principles early on, you will pick everything else up quickly! There are a lot of great resources that can help you (Lexsitus and the ICC Legal Tools Database are good starting points).

INTERNATIONAL CRIMINAL LAW HAS SPECIFIC RULES AND PROCEDURES, AND THE RESEARCH PROCESS IS DIFFERENT TO WHAT MOST STUDENTS WHO HAVE JUST TAKEN DOMESTIC LAW SUBJECTS WILL BE USED TO

THERE ARE LOTS OF VIDEOS ON YOUTUBE OF GENERAL MOOTING COMPETITIONS THAT YOU CAN WATCH TO GET A BETTER SENSE OF THE FORMALITIES

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

The skills competing taught me, from researching and advocacy, to working with teams and within set deadlines, helped a lot through my degree, and has carried through to my early career. It has made me a more effective lawyer, and I am a better communicator and advocate because of mooting

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

As a first-time competitor, I think it’s important to familiarise yourself with how moots run before you walk into your first round. There are lots of videos on YouTube of general mooting competitions that you can watch to get a better sense of the formalities, how you should structure your oral submissions, and how to respond to judges’ questions. For competitors in this moot specifically, there are videos of the final rounds of global international criminal law moots, like the ICC Moot or the Nuremberg Moot, which are good to give you a sense of this law in this field especially

CONTRACT LAW MOOT

The Contract Law Moot is one of MULS’s subject based moots which, similar to the next couple of moots in this guide, derive their question and principles from the knowledge learnt in a specific unit. The unit which corresponds to the Contract Law Moot is LAWS1200 (Contracts) or LAWS8030 (The Law of Obligations I - Contracts) and will focus on a commercial or personal contract dispute. It is ideal for students to have prior mooting experience before competing in these subject based moots.

LEO CHANG - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

As a team, we met up a few times to discuss the case and the relevant laws We broke down the case into its constituent parts and identified any legal issues that stood in the way for the respondent and appellant. The three of us each took a legal issue and explained it through the eyes of both parties, arguing our case with relevant precedent and finding ways to gloss over the bits that hurt our case. We spent a few hours a week meeting up, writing up our written submissions, and preparing and practicing our oral submissions.

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

Although balancing classes, work, and competitions is a difficult endeavour, the team format of moots mean that you have someone to lean on I'd recommend teaming up with people who are taking the same classes as you, as you can work on the competition and catch up on your common classes at the same time. If you set aside a few chunks of time to work on the written segments alone, groupwork becomes far more collaborative and exciting.

IF YOU SET ASIDE A FEW CHUNKS OF TIME TO WORK ON THE WRITTEN SEGMENTS ALONE, GROUPWORK BECOMES FAR MORE COLLABORATIVE AND EXCITING

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

The judges in a moot will try to throw you off-kilter by asking inconvenient and prying questions. Of course they will; that's their job. Know your case law insideout; bring exact quotes and pinpoints Rattling off the jurisdiction, the year of the case, and the name of the judge might not seem like big things, but when they're combined with a slick explanation of the case law's relevance or lack thereof, you'll look like you know what you're doing.

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

I've learnt how to work in a team and I've grown more comfortable with speaking, legally speaking. It was a pleasure to work alongside Arnav and Massimo, and working with them helped me understand the dynamics of teams and presentation There really is no substitute for experience, and your mates will help you cover anything that you're not too sure of I suppose that this also translates into some level of professional proficiency

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

Strike a balance between prepared and improvisational. You don't want to be reading a crime novel to the bench, but you also want to have case law to back up your claims. The judges will break your flow of speech; they will also listen attentively. Once you're up there, you'll be alone. It's your right and your responsibility to argue your case. It's terrifying, but also exhilarating. I think I'm contractually obliged to say: 'Have fun!'

MASSIMO ORLANDO - WINNER 2023

THE JUDGES WILL BREAK YOUR FLOW OF SPEECH; THEY WILL ALSO LISTEN ATTENTIVELY... IT'S YOUR RIGHT AND YOUR RESPONSIBILITY TO ARGUE YOUR CASE

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

The best way to prepare for a moot is to organise a suitable time to meet up with your teammates and devise a plan of action. To kick things off, you should break down the facts to identify the legal issues that lie within. Once this has been completed, find as much precedent as you can to include in your written and oral submissions - the more the merrier. It will also be worthwhile to find ways to rebut your opponent’s arguments based on their submissions; judges love this.

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

To be honest, you just have to put your head down and plough through all of your commitments, whether it be assignments, exams, work, or your missus that can’t go two days without you. Participating in these competitions with people taking the same classes as you would be beneficial, this will allow you to simultaneously work on the moot and tackle shared coursework.

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

For some reason, judges love to throw you off your game by asking questions (that they probably know) are not within the grounds of appeal. This may cause internal panic/confusion and you may find yourself signalling to your team for some last-ditch assistance The best advice that we were given was to remain calm and to state the obvious, remind their honours of the grounds of appeal and say that you would be happy to assist the court on that matter if time permits Remember, each speaker only gets 15-20 minutes to present their arguments.

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

IT IS IMPORTANT THAT ONCE YOU COMMIT TO SOMETHING, YOU STAY COMMITTED

This competition has allowed me to improve my ability to work with others and be a team player. It is important that once you commit to something, you stay committed; don’t pull out midway through because you aren’t bothered. You just have to push through it and you will reap the rewards at the end of the competition. This competition also allowed me to refine my legal speaking, writing and research skills.

ARNAV GANDHI - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

Prior to receiving the question, there really isn't much you can do. My team used this period to understand our unique skills and preferred work styles. Once the question was released, it was all hands on deck to ensure we drafted polished written and oral submissions before the first round. There really isn't any secret to allocating time. We simply chose a time period after our classes when we were free and got cracking. I highly recommend working together in person to prepare for your moot, at least initially Doing this earlier in the semester means you can make minor edits to your submissions as the rounds progress

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

Law students are a busy bunch and our team was no exception. We had to balance lectures, tutorials, assignments, hobbies, work commitments and (hopefully) a social life throughout the competition. Our strategy was cliched but tested. We prepared a schedule and stuck to it This allowed us to prepare quality submissions early and ensured we were not swamped during exam period

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

Competition judges will reiterate again and again that a moot isn't a speech competition. It's more akin to an intellectual discussion with the Bench. The fact that this is a well known aspect of mooting does not make it any less difficult. Judges will ask nuanced, pointed questions on specific areas of law. You will be then expected to provide precise and legally rigorous answers. There are no shortcuts to success. You simply need to know your argument and the relevant law inside out.

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

Mooting will strengthen a host of hard and soft skills. From a technical perspective, I had to research and peruse applicable case law using databases like Westlaw and LexisNexis. Our team then had to translate this research into coherent and fully referenced written submissions. Strict page limits forced us to write in a lucid and concise style. Moreover, the whole process of balancing competition obligations along with work and study commitments developed my work ethic and time management skills.

THERE ARE NO SHORTCUTS TO SUCCESS. YOU SIMPLY NEED TO KNOW YOUR ARGUMENT AND THE RELEVANT LAW INSIDE OUT

CRIMINAL LAW MOOT

If you enjoyed the units LAWS1300 (Criminal Justice) or LAWS8002 (Criminal Justice and Public Policy) we recommend you compete in the MULS Criminal Law Moot. With questions ranging from assault to murder to public order offences, this moot takes students through the motions of being a Criminal Law barrister or a Crown Prosecutor. Depending on the party you are allocated to represent, competitors will be tasked with denying or proving the crime occurred beyond reasonable doubt.

NICOLE APAP - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

Prior to the competition our team would have Zoom meetings where we discussed strategies to tackle the problem question and allocated different roles After these meetings we would complete our allocated tasks, such as research and drafting the submissions, whilst checking in with each other to ensure we were on the same page. I allocated about half an hour each weeknight prior to the competition to work on the moot progressively. However, the weekend before our competition I spent additional time in Zoom meetings with our group practising our orals.

PRIOR TO THE COMPETITION OUR TEAM WOULD HAVE ZOOM MEETINGS WHERE WE DISCUSSED STRATEGIES TO TACKLE THE PROBLEM QUESTION AND ALLOCATED DIFFERENT ROLES

I ALSO

IMPLEMENTED DEADLINES TO ENSURE MY TASKS WERE COMPLETED ON TIME, AND COMMUNICATED WITH MY TEAM WHEN I HAD OTHER COMMITMENTS

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

I essentially treated the competition schedule as another university assignment, which made it easier to fit the work required into my schedule. I also implemented deadlines to ensure my tasks were completed on time, and communicated with my team when I had other commitments which limited my capacity to assist This enabled me to keep up with my work, social and other university commitments, whilst also preparing for the competition

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

Unfortunately for me, the semi-final round of the competition fell in a week where I had four heavily weighted assignments due. This made it difficult to prioritise preparations for the moot, however I did not want to let the team down and not assist in preparation. Whilst admittedly there were a few long nights that week ensuring I met the deadlines for my assignments whilst also assisting in research and submissions, the hard work paid off and I was happy with my work on both fronts

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

The competition was beneficial in numerous ways, both personally and professionally. Personally, competing enhanced my public speaking capabilities, enabled me to refine my research skills and further developed my teamwork skills. Professionally, the competition was an excellent way to network with the broader MULS community including peers, alumni and staff who were judging the competitions. I’ve also found the competition to be a great talking point in job interviews and other professional settings, since competing is so well regarded in the legal industry

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

As cliché as it sounds, I wish I knew to expect the unexpected. Inevitably, there were a few hiccups throughout our competition which were challenging to navigate, but our team were able to adapt and handle them well. On the other hand, being a first-time competitor I did not expect to make it past the first round let alone progress all the way to the end, which was a wonderful feat. Being able to adapt to changes and challenges was essential for this competition, which was a skill I developed throughout

[COMPETITIONS ARE] A GREAT TALKING POINT IN JOB INTERVIEWS AND OTHER PROFESSIONAL SETTINGS, SINCE COMPETING IS SO WELL REGARDED IN THE LEGAL INDUSTRY.

SIMEON LEVINE - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

Prior to the competition our team would have Zoom meetings where we discussed strategies to tackle the problem question and allocated different roles. After these meetings we would complete our allocated tasks, such as research and drafting the submissions, whilst checking in with each other to ensure we were on the same page. I allocated about half an hour each weeknight prior to the competition to work on the moot progressively. However, the weekend before our competition I spent additional time in Zoom meetings with our group practising our orals.

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

I made sure to assign specific time each day to working on preparing for the moot, and cleared my schedule in the days leading up to the submission of written memorials. This allowed me a few days prior to the submission to finish the drafting process, and comply with the other requirements of written submissions such as references and format.

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

The most difficult aspect was the first moot as it was the first time i had ever given an oral presentation for a mooting competition. This was challenging as I hadn't seen a moot properly before, so I was going into it somewhat blind. This made it challenging as I wasn't familiar with the formalities of mooting, including the language I should use, and how I should structure my points However, this uncomfortable first moot provided me with valuable feedback that I applied to the next preliminary round, which I continued to work on up until the grand final

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

The competition was incredibly helpful in my professional and personal development as it allowed me to apply my legal skills in a setting which simulates real-life practise. Law school often fails to provide those practical links between theory and practice, and that is why I love mooting. The competition allowed me to further my research skills, communication, teamwork, and oral presentation to an extent that no other part of law school could achieve

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

Mooting is so much about confidence! Even if you don't know everything off the top of your day, there's an element of fake it until you make it. Judges are looking for advocates who can present clearly, maintain a strong manner, and entertain the questions of the bench. The best way to do this, if you're not 100% over the law, is to know the facts like the back of your hand Every moot comes down to the facts, and the team that knows them best, will more than likely win the competition

THE COMPETITION WAS INCREDIBLY HELPFUL IN MY PROFESSIONAL AND PERSONAL DEVELOPMENT AS IT ALLOWED ME TO APPLY MY LEGAL SKILLS IN A SETTING WHICH SIMULATES REAL-LIFE PRACTISE.

DIVERSITY & PRIDE MOOT

Historically, Macquarie University Law School have been avid proponents of LGBTQIA+ advocacy. The Diversity & Pride Moot allows students to engage with pertinent social issues facing the LGBTQIA+ community. The competition is open to all students with mooting experience, so we encourage any prospective mooters to take part. Where this competition differes from others is the diversity of legal fields your problem question can be drawn from. As diversity and pride related issues can fall within many facets of the law, competitors may be asked to respond to questions regarding workplace discrimination, marriage disputes or crime.

TIME COMMITMENT

SIMONE ALEXANDER - PARTICIPANT 2022

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

EXPERIENCE REQUIRED PREREQUESITES

• PRIOR MOOTING EXPERIENCE

• TEAMS OF 2-4 PEOPLE

Like with any other moot, the first and most vital step in preparation is detailed legal research Usually with subject-specific moots, there is a list of cases that offer an initial starting point for your legal research and will aid in the construction of your submissions.

Furthermore, moot questions can be complex and dense so having a clear plan on who will be responsible for which issue can streamline the research process and determine which teammate will be taking which speaking role Beyond legal research, it is critical to practice oral presentation and delivery of your submissions. Whilst each team will have different approaches on how to best allocate their time, like most tasks the more time you allocate to it the more likely you'll have a positive result.

HAVING A CLEAR PLAN ON WHO WILL BE RESPONSIBLE FOR WHICH ISSUE CAN STREAMLINE THE RESEARCH PROCESS AND DETERMINE WHICH TEAMMATE WILL BE TAKING WHICH SPEAKING ROLE

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

I approach moots like an assignment which means that planning is vital to making sure that I am not overwhelmed and can maintain all my responsibilities. Having a schedule with key dates such as submission times, practice rounds, and team meetings helps to provide a visual representation of how I need to manage my time I also put time indicators against different tasks to help keep me on track

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

This specific moot was centred around family law which I previously had not investigated. Grappling with the core theories and principles were initially a little daunting but helped me to discover a new area of law and the different issues which lie in them.

HAVING A SCHEDULE WITH KEY DATES SUCH AS SUBMISSION TIMES,

PRACTICE ROUNDS, AND TEAM MEETINGS HELPS TO PROVIDE A VISUAL REPRESENTATION OF HOW I NEED TO MANAGE MY TIME.

PRACTICING HOW TO EXPRESS IDEAS AND CONCEPTS IN A CLEAR AND PRECISE MANNER IS ESSENTIAL TO BOTH PERSONAL AND PROFESSIONAL DEVELOPMENT.

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

This completion helped build on key skills such as legal research, critical thinking and oral advocacy which are highly transferable to actual legal practice. Practicing how to express ideas and concepts in a clear and precise manner is essential to both personal and professional development. Whilst I do not envision myself practicing in family law I now have a foundational understanding of those ideas which I can rely upon.

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

It’s not as daunting as you originally think Grab a group of friends and make it a bonding experience and learn something new with each round!

PRIVATE LAW MOOT

Previously known as the Tort Law Mooting Competition, MULS has recently revamped this competition into the Private Law Moot to align with a growing trend of student interest in private law areas such as Corporations Law and Equity and Trusts. Students will be given appeal cases with a strong commercial focus that will foreground potential careers in commercial litigation. This competition is suited for students in the later years of their degree who have studied subjects such as Business Organisations, Foundations of Commercial Law and Equity and Trusts.

DANIEL BOWTELL - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

To prepare, our team primarily worked towards each deadline as they arose Initially, we acclimatised ourselves to the facts, frequently re-reading them. Then, we identified the prominent submissions to research and write on. From there, we prepared for orals by familiarising ourselves with our arguments and supporting cases. Between each round, we would build onto our written and oral submissions based on the feedback we received from the judges and did practice moots by quizzing each other.

BETWEEN EACH ROUND,

WE WOULD

BUILD ONTO OUR WRITTEN AND ORAL SUBMISSIONS BASED ON THE FEEDBACK WE RECEIVED FROM THE JUDGES AND DID PRACTICE MOOTS BY QUIZZING EACH OTHER

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

I found it useful to spread the workload across all four team members to lessen the burden. While you can moot in smaller teams, having more people to aid in researching, writing submissions, and preparing orals will make balancing university, work and other commitments easier. Although this moot ran fortnightly and the facts do not change between rounds, preparation can be more laborious than professional skills competitions. Nonetheless, you can still easily balance this competition and other competitions offered by MULS

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

The uncertainty of what difficult questions the judge would ask in the first moot. However, we overcame this as we grew more confident with the facts and the law after a few moots before judges. Having solicitors write down the questions enabled us to reflect and research them afterwards, greatly assisting in navigating similar questions later.

HAVING SOLICITORS WRITE DOWN THE QUESTIONS ENABLED US TO REFLECT AND RESEARCH THEM AFTERWARDS,

GREATLY

ASSISTING IN NAVIGATING SIMILAR QUESTIONS LATER.

WHEN RESPONDING TO QUESTIONS FROM JUDGES, IT IS MOST EFFECTIVE TO BEGIN ANSWERING BY DIRECTLY STATING YOUR STANCE AND THEN ELABORATING.

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

The Private Law Moot enhanced my legal research skills, which are essential for most careers in the law. Whether you desire to have a legal professional career in advisory, transactional or litigious areas, effectively navigating legal databases and finding contemporary cases is quintessential

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

When responding to questions from judges, it is most effective to begin answering by directly stating your stance and then elaborating. This can be as simple as starting your answer with a ‘yes’ or ‘no’. This approach clarifies your position to the judge and allows them to follow your subsequent arguments with ease.

CHAMPIONSHIP MOOT

The Championship Moot is our all-star competition where students who have demonstrated success in previous moots can compete to elevate their skills with other successful competitors. Competitors can be asked to enagage with a range of legal disciplines during this moot inclduin, but not limited to: contract law, criminal law, tort law and consitutional law. As this competition is aimed at experienced mooters, expect questions to be more complex and multifaceted. Read some of the below advice from our Director of Competitions on how to participate in this prestigious competiton. TIME COMMITMENT EXPERIENCE REQUIRED

DIRECTOR’S ADVICE - SUJAL CHADHA

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The Championship Moot is an advanced mooting competition that allows veteran competitors to further improve their skills by competing with and against people of similar mooting experience. As the championship moot is catered towards more experienced competitors, the questions are of an increased difficulty and the difficulty reflects the time commitment For students doing the Championship Moot for the first time, being able to manage your time would be the biggest concern, however having open communication with your team members about your availabilities and starting research on the question earlier will be beneficial to everyone. People will appreciate the transparency and can step in if you are not available and you can meet the strict deadlines. Students can develop important skills such as good communication and teamwork skills which greatly benefit their personal and professional development.

OPEN COMMUNICATION WITH YOUR TEAM MEMBERS ABOUT YOUR AVAILABILITIES AND STARTING RESEARCH ON THE QUESTION EARLIER WILL BE BENEFICIAL TO EVERYONE

WITNESS EXAMINATION

WHAT IS IT?

The Witness Examination Competition, or WitEx as it is commonly referred to, is a competition which allows students to step into the shoes of a barrister in a civil or criminal trial. WitEx is a shortened version of a real trial involving: opening statements, examination in chief, cross-examination, and closing arguments This competition will test a students ability to improvise and be malleable with their use of the law

Similar to a moot, competitors are randomly assigned to either the prosecution or defence. However, in contrast to a moot the competitor will also receive a witness that has been briefed with a witness statement prior to the commencement of the round. It is the competitors duty to prepare the witness prior to the competition and maintain the credibility of the witness while revealing inconsistencies in the opposing counsel’s witness statement.

JUDGING CRITERIA

Judges will mark competitors on a variety of metrics including:

The quality of their opening and closing statements

• COMPLETED LAWS3400/LAWS8014 (ENCOURAGED)

• COMPETE INDIVIDUALLY

Whether their examination-in-chief and cross-examination yielded persuasive results and was relevant to the matter at hand

Their ability to develop a case theory throughout their examination

The manner and expression of their argument (whether their terminology was correct and their exmination was confident and well-spoken)

Their knowledge and application of Evidence Law

COMPETITION STRUCTURE

PRE-TRIAL PREPARATION

Competitors are issued the scenario 3 HOURS before the competition during preliminary rounds and 90 MINUTES before grand final rounds Due to this short time constraint, competitors are encouraged to practice delivering their examination and have potential case law ready prior to receiving the scenario. All remaining time should then be used to formulate a case for trial and brief the witness.

DEVELOPING A CASE

WitEx is centered around the narrative that both witnesses hold regarding a shared event. It is imperative that competitors analyse the statements of both witnesses to formalise what we call a CASE THEORY - your narrative or version of events you are proposing to the Court. Case theory should be established in your opening arguments and should extract rigid facts from your witnesses statement to create a compelling version of events

FEATURES OF EVIDENCE LAW

In order to ask questions during the examination, students must be aware of what is permissable to ask a witness in a civil or criminal court case, how to object to the opposing counsel’s line of questioning and what answers may be fatal to their case. It is important to remember the prosecution is responsible for introducing the charge, relevant legislation and elements to be satisfied for conviction. Ensure to revise the fundamentals of Evidence Law and procedure prior to the competiton

PREPARING THE WITNESS

A necesary step of the competition is to meet with and prepare your witness directly prior to competing This is typically half an hour prior to the competition. While competitors are encouraged to practice questions, revise the facts of the scenario and advise the witness of their obligations to the court, it is not a time to ‘coach’ the witness. Actions such as providing scripted answers or requesting they ommit or lie about certain facts are considered coaching and are prohibited.

KEY RULES OF EVIDENCE

OTHER GROUNDS FOR OBJECTION

General, vague or non-specific questions

Unintelligable or confusing questions

Duplicitous questions

Questions that assume facts not established in evidence

Questions that are argumentative, oppressive or irrelevant

INTRODUCTORY TERMINOLOGY

Appearances

At the start of the round, it is necessary for both parties to introduce themselves to the Court. Use the phrase:

“May it please the Court, my name is [FULL NAME] representing the [PROSECUTION/DEFENCE] in the case of [CASE NAME].“

Examination-in-Chief

To begin your examination after opening statements or cross-examination, use the phrase:

“I call [WITNESS NAME] to the stand.”

BRADLEY CAGAUAN - RUNNER UP 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

As you only get the witness statements on the day of the competition, I allocated some of my free time (at least a few hours) preparing by studying evidence law and practicing writing up opening and closing addresses and lines of questioning for practice witness statements Studying the uniform evidence act is super important in understanding what type of questions your opponent is likely to object to, thus allowing you to come up with a rebuttal ahead of time.

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

While the witness examination competition can feel quite intense in the moment, the competition is quite low commitment. This is in contrast with the mooting competitions which require you to write up extensive written submissions. If you're interested in advocacy but don't have a lot of time, try this one!

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

Time management, especially for witness examination! Preparing a case in three hours (or 90 minutes in final rounds) is not enough time to prepare a case and that's the point of the competition! It's there to test the absolute fundamentals of trial advocacy in a high-pressure environment. Time management is especially difficult if you have an opponent ready to object to every question you ask your witness but this is something you will need to account for in your preparation.

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

This competition has affirmed for me that my primary interest is in criminal law and my experience in the competition has helped me land work in the field. It has also been a huge help in my study of evidence law as the competition helps make material abstract concepts.

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

One tip is to limit the amount of paper you bring into the courtroom This is not a real trial, this is a competition where the hearing takes less than two hours. As such, printing out copious amounts of notes containing relevant law, lines of questions and sample opening and closing addresses is more likely to cause you to stumble and waste time. Trust your memory and trust your own abilities.

1. Competitions of this kind includes: Client Interview, Negotiations, Alternative Dispute Resolution and Paper Presentation

Competitions aimed at equipping students with skills that solicitors use on a daily basis. The majority of lawyers never appear before a judge, so it is imperative students build these common skills

2. “They have excelled in the workplace because they practiced Professional Skills in

PROFESSIONAL SKILLS.

CLIENT INTERVIEW

WHAT IS IT?

The skills learnt in the Client Interview competition are some of the most practical and transferable skills a student can again before entering private practice. Most, if not all, sole practitioners and lawyers working within civil and criminal law will be required to meet with and consult clients regularly Client Interview competition mimics an initial consultation and trains students on how to approach clients with difficult legal dilemmas, how to manage client expectations and how to ascertain whether they will be able to assist the client at all.

During the competition, a team of two will hold an interview with a new client and create a plan for their hypothetical legal issue.

JUDGING CRITERIA

Judges will mark competitors on a variety of metrics including:

Your ability to establish a good rapport with the client

Your ability to identify the clients problem

Your ability to navigate moral and ethical issues raised during the clients testimony

Your ability to maintain a cohesive line of questioning with your teammate

Your ability to guide the client towards courses of action they percieve as lessfavourable

Your ability to provide alternative courses of action

Your ability to cooperate with your teammate throughout the duration of the competition

WHAT IS INVOLVED?

1

Competitors are issued the Office Memorandum prior to the competition This document briefly described the client’s problem and foregrounds what type of matter competitors should prepare for.

PETER TURNER - WINNER 2023

2

Teams should conduct mock-client interviews with their teammate in preparation for the competition. They should also familiarise themselves with the area of law which the Memorandum is concerned with and consider common pathways for these types of matters

3

At the start of the competition, competitors will be seated with their client and are expected to introduce themselves and get to know their client on a more personal level. It is common to ask the client small-talk type questions such as how their week was or how their journey to the office was

4

The client will then delve into their legal problem. It is the responsibility of the competitors to extract key information that the client may be withholding. Remember: the client is not obligated to freely express all the information on their script, some information they are only obligated to admit once asked about

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

The main preparation that was undertaken was analysing the problem given while also watching various videos to gain a better understanding of how the client interview process was conducted My partner and I focused much of our time on watching these videos but also did a little bit of research into the problem. For example, if it was an issue to do with a minor we would research as to how the minor is required under the law.

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

The Client Interview Competition is very different to other competitions such as mooting as it does not require as much preparation I would say that my partner and I would do about 1-2 hours of preparation leading up to the round. Due to this, it made it very easy to juggle other commitments.

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

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Once you have a cohesive picture of the client’s scenario, remaining time should be used to present solutions to the client and ascertain the scope of assistance you can provide to them.

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At the conclusion of the interview, the client with consult witht the judge and review how they felt the competitors performed They will determine the level of assistance they were provided and whether they were happy with the solutions presented.

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Finally, teams will conduct a post-interview consultation with the judges where they reflect on their overall performance.

Judges will announce the outcome of the round and provide both teams with constructive feedback.

The most difficult aspect of the competition would be not knowing what to expect with each client that you are consulting While you are given a brief as to why they are coming to see you, as a lawyer you don't really know what to expect.

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

Funny enough, soon after my participation in this competition I was asked to be apart of a client interview process at work. I was asked to take file notes for a lawyer This competition significantly helped with this as I was able to determine what notes need to be written and see how an interview process works in practice.

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

One helpful tip that I can give would be to do some preliminary research before you go into each round. Read the brief and find out the general idea of why the client is coming to see you. This will give you a great advantage and can limit the amount of surprises that you may get

KIERAN WAN - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

I first reviewed topics covered in LAWS1100 such as the T Funnel method, confidentiality and conflict of interest. I then worked with my teammate Alex to determine how to explain topics such as confidentiality and conflict of interest concisely and without using legal jargon We then divided the interview into four sections: introduction, questioning, solutions and conclusion We also divided each section into sub-sections. For example, the introduction section was broken down into building rapport, confidentiality and conflict of interest. Finally, we allocated each sub-section between ourselves to ensure we were both responsible for equal amounts of the interview.

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

The client interview draw comes out early in the semester, allowing me to plan my university studies and other commitments before the competition began. Additionally, if you’re participating in client interview for the very first time, I’d recommend you contact your teammate as early as possible so you can work on your script early on in the semester before all the assignments are due However, client interview has significantly less time commitment than other competitions such as mooting, so if you’re looking for a competition that isn’t the most time consuming then I’d recommend client interview.

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

The most difficult part is trying to prepare for an interview when the memo provides minimal detail, so it’s difficult to get a basic understanding of the corresponding law

Obviously, you don’t need to be an expert in that area of law but a quick google search can be extremely helpful during the interview Ultimately, client interviews are unexpected by nature as you don’t know how the client will respond, they may be calm during the start of the interview but burst into tears mid-interview (or vice versa). However, in my view this is actually the most valuable part of the competition.

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

Building on from part 3, the competition provided me with significant experience on how to respond to distressed clients Additionally, the competition allowed me to experiment with different methods to respond to mock traumatic situations Consequently, when I have volunteered for community legal centres in real life and interviewed distressed clients experiencing (or have experienced) traumatic situations such as domestic violence, financial abuse and armed conflict, I have applied my experiences from the competition to better assist these clients.

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

Making mistakes is ok! At the end of the day, it’s only a mock interview, and having made those mistakes in the competition, you’ll be better prepared to respond to similar situations in real life, especially if the client is distressed (see part 4). Additionally, make sure you identify your mistakes (and how you would respond to a similar situation in the future) in the post-interview reflection Don’t try and pretend it didn’t happen (especially if it’s a major mistake), as the judges won’t fall for it Finally, enjoy the competition, make new friends and develop your skills in a competition which does not require a huge time commitment!

SAMPLE INTERVIEW: 30 MINUTE CLIENT INTERVIEW

5 MINS

Introduction and Formalities

Include:

Your name and your teammates name

Your role (e.g Solicitor)

Small talk / Ice-breaking

Aims for the meeting

“Hello, it’s great to meet you. My name is John and I’m joined by my partner, Alex. We’re both solicitors at JA & Associates. Was your commute pleasant this morning?”

Reassurance that information given during the meeting will remain confidential

11 MINS

Identify the Issue

Include:

Open ended questions to ascertain how the client needs help

Active listening; while this competition tests your ability to speak it also tests your ability to listen and consider all information given to you

Follow-up and targeted question to clarify areas the client is explaining vaguely

Summarisation of the clients testimony to ensure you are on the same page

11 MINS

Information Gathering and Providing Solutions

Include:

Gathering information that is required to proceed with your planned solution This could be facts of the case, names of parties or prior litigation

A feasible solution for the client that will progress the matter This may include both legal and non-legal avenues

3 MINS

Conclusion

Confirm all the information and solutions that were discussed during the interview

Clarify any uncertainties or ambiguous areas

Confirm the actions that will take place before the next meeting, and structure a progression plan for meeting with the client again

Thank the client for their time

“Can you tell me more about the what caused the initial altercation?”

“We believe it may be suitable for you to seek an injunction which will prevent ”

“Before we meet again, my associate and I will begin to process your injunction. In the meantime you should refrain from...

NEGOTIATIONS

WHAT IS IT?

Despite what legal TV shows may have you believe, most matters never reach the courtroom. Instead, cases can be negotiated or settled between parties before a judge hears it. This can often be more beneficial as it secures a reasonable outcome for both parties, and avoids wasting court resources

The Negotiations competition mimics a typical negotiation discussion between two opposing parties. Teams consisting of two students are assigned a client and must achieve a tentative or binding agreement that suits their clients interests and, ideally, appeases both parties. Each round is 50 minutes and features a unique scenario. Prior to competing, both teams are privileged to a common document of facts and confidential document with client-sensitive information.

JUDGING CRITERIA

Judges will mark competitors on a variety of metrics including:

Your ability to demonstrate an understanding of the case and frame your client’s position

Your ability to adapt to new information

The outcome reached and how closely it aligns to your clients aims

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The creativity of options presented

Your understanding of ethical and moral obligations

Teamwork demonstrated

WHAT MAKES A GOOD DEAL?

Closely aligns with your clients short and long term objectives

Balances the interests of both parties

Maximises benefits and minimises the costs to both parties

Is a well-considered and robust agreement

Is achieved through a fair process

HOW SHOULD YOU PREPARE?

1

Try to memorise the facts of the case and carefully note the boundaries of your client’s interests. Being aware of all the facts will prevent confusion between parties, or correction by the other team.

MIKAELA MARIANOPARTICIPANT 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

The preparation my partner and I undertook involved reading "Getting to Yes" by Roger Fisher and William Ury, a book recommended to us by one of our alumni We found this resource incredibly helpful and gleaned valuable insights to refine our negotiation skills Additionally, we watched several ALSA negotiations competition videos to observe negotiation tactics in live action!

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

In managing this competition, I approached it with a clear understanding of what I was signing up for! Upon registering, I recognised that negotiations would not require the same level of intensity or time commitment as moot competitions. This awareness made it manageable for me, as I understood that preparation for negotiations is inherently limited due to the unpredictable nature of the opposing party's stance.

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

2

Create diagrams to demonstrate how the parties interact and where each parties’ interests lie You can use these diagrams to keep track of different decisions made during the negotiation process

3

Develop a negotiation strategy with your teammate that is versatile and plans for multiple possibilities. The strategy should prioritise issues that are more important to overcome. Your strategy should anticipate how the other team will position themselves and account for their rebuttal

4

Conduct practice negotiations with your teammate where you act for your own and the opposing side. The more your argument is spoken, the better is will be to recite on the day.

The toughest part of the competition was not knowing how the other party would respond We had shared and confidential information, but couldn't share our confidential details unless asked. This made negotiation tricky, as we had to organise our strategy based on limited information, unsure if the other party would agree or have a different plan.

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

This competition has honed my ability to think quickly on my feet when presented with unexpected facts, enabling me to navigate through them effectively. Further, it has enhanced my capacity for empathy and perceptiveness, enabling me to discern not only what the other party is saying verbally but also what may be concealed, and strategise accordingly.

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

Know your interests thoroughly and strive to understand the perspective of the other party. Identify potential interests for both sides as early as possible, along with various options and solutions that could benefit both parties Remember, the goal is to find a solution that offers advantages to both sides, aiming for a win-win outcome.

INTEREST-BASED NEGOTIATIONS

An interest-based negotiation (IBN) is a agreementseeking procedure where the aim is to arrive at a mutually acceptable outcome that meets the interests of both parties. This type of logical negotiation should be applied to your negotiation strategy as it is far more constructive and mutually beneficial than considering just your own clients interests

1

Define your Interests

As the aim of IBN is to arrive at a mutually accepted outcome, it is important that both parties clearly express what their clients needs are and how that need can be achieved It is far more efficient to idntify interests initially, as there may be more congruent interests between the two parties than would have been expected.

3 Building the Relationship

It is imperative to build a constructive but professional relationship with your opponent in the short span of time you are given. You should see your opponent as your partner, not your enemy. You are working with them on a mutually shared issue.

4

Generate a Variety of Options

Brainstorm a variety of options that balance the intersts of both parties. A lack of options may create inherent friction between parties, as it reduces the scope of movement - a reductive solution will force parties to fight more aggressively for their given interest. To avoid this, do not just consider the best option, consider options which concede areas that are not integral to your clients case A common way to achieve this is through a package of linked bargaining where interests are strategically conceded: “I’m prepared to move on X if you are willing to concede on Y“ .

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Preparation Undertaken

The best way to calibrate your interests is to have clear preparation prior negotiating. Preparation should include:

Potential interests of the other party Issues to be discussed in preferred order

Ranked potential concessions

Possible settlement options

Team strategy

BATNAS’s and WATNA’s for all parties

WHAT IS A BATNA/WATNA

2

Attack the Problem not the Person

It is important to remember that contention surrounds the problem at hand, not the relationship between you and your competitor. In many cases, you may have just met your competitor that day! When you express disagreement, direct your disagreement towards their clients position or the problem itself, rather than directing it at the opponent. This leads to far more constructive, and less emotional, discourse

BATNA and WATNA stand for Best and Worst Alternative To a Negotiated Agreement and are essentially the boundaries of your negotiation strategy. You can use these boundaries to ascertain how favourable the agreement is to your client.

A prepared team will be the most flexible team during a negotiation, as you can freely move between solutions and keep track of where your client’s interests lie.

SAMPLE NEGOTIATION: 50 MINUTE NEGOTIATION

2 MINS

Introduction

Introduce the names of your team and client. It is polite to also shake hands.

6 MINS

Preliminary Details and Introducing Agendas

Address formalities such as confidentiality, good faith, without prejudice and binding agreement

Both teams are given the opportunity to express their client’s optimal outcome and meeting goals.

15 MINS

Exploration of Interests

Both teams will discuss the facts at hand and possible resolution where their clients interests lie. Ideally, this is done without revealing key information which may render your client vulnerable.

15 MINS

Generating Options

This is where both parties present their proposed resolution for the matter Inherently, solutions given by either side will favour their client so it is up to the parties to negotiate the outcome The latter half of this discussion will be the time to pick and choose aspects of the agreement which the teams are happy to uphold or concede - it is a strength to know which aspects your client can or can’t compromise.

5 MINS

Finalising Solutions

Try to identify any underlying interest and attempt to determine the terms of the agreement.

5 MINS

Confirmation of the Agreement

Outline the terms of the agreement. If you cannot come to an agreement it is ideal to say something such as: “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 clients position. Should we reconvene next week?”

2 MINS

Signing and Handshake

End of the negotiation.

PAPER PRESENTATION

WHAT IS IT?

The Paper Presentation is a competition which requires students to submit and present an academic paper to a panel of judges. This is an individual competition which tests both your oral and written ability and is suitable for students who prefer heavy preparation as opposed to the improvisation found in mooting and negotiations competitions

HOW IS IT STRUCTURED?

The competition is divided into two sections which are worth equal marks. Each section will be judged by different judges who specialise in either the written or oral component.

Written Submissions (40 marks)

Oral Submissions (40 marks)

PREREQUESITES

• NO EXPERIENCE IN

• OPEN TO ALL YEARS

• NO TOPIC

Competitors must submit a paper between 2500 - 5000 words (including explanatory or substantive footnotes) which focusses on one relevant or contemporary legal issue. This will be marked by a judge responsible for the written side of the competition. Note: the written submission must be AGLC4 compliant.

Competitors will then present the findings of their paper to a panel of judges for a maximum of 15 minutes, During this time students should maintain strong oral communication and deliver insightful commentary. Following their oral presentation, competitors will be asked questions about their research during a 10 minute question period Their responses will also form part of their final mark.

JUDGING CRITERIA

Oral

Judges will mark competitors on a variety of metrics including:

The structuring and clarity of arguments

The relevance and complexity of the subject matter

Critical evaluation of primary and secondary sources

The extent of independant, original and insightful discourse

Adherence to AGLC4 referencing guidelines

Written Judges will mark competitors on a variety of metrics including:

Clear, confident and organised flow of argument

Effective use of visual aids

Effective use of vocal technique including pace, tone and register

Enagement with the judging panel and audience

Clear answers to questions that demonstrate a depth of knowledge in the subject area

HOW SHOULD YOU PREPARE?

1

Pick a topic that you are passionate about and already have foundational knowledge about It will be a more enjoyable process if you are able to research areas that interest you.

MIKAELA MARIANORUNNER-UP 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

Initially, I pursued a topic I found highly intriguing true crime podcasts and their intersection with the administration of justice, inspired by my fascination with 'The Teacher's Pet.' My preparation involved extensive research into similar podcasts, alongside scholarly articles from platforms like Google Scholar and Law Society journals. I followed a methodology akin to crafting a critical law essay: initially broadening my research and then refining it to the most pertinent and credible sources, ultimately aiding in the drafting process

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

2

Use headings and subheadings to create a clear structure and clear progression of arguments. This will also assist you with the oral component, as it will be easier to demonstrate a clear separation of topics as you speak

3

Allocate time to drawing out key insights from your paper and structure them in a similar order to your written submission. Practice presenting these insights out loud until you are able to link the ideas cohesively to create a holistic presentation - rather than a chain of separate thoughts Ensure that while you do so, you practice where to emphasise certain points and either raise or lower your voice to maintain audience interest.

Juggling multiple competitions, my role as publications director, extracurriculars, and full-time university studies was quite the balancing act. To handle it, I learned to be efficient. Some days were all about diving deep into competition prep, while others focused on catching up with university work Maintaining this variety helped me stay updated and engaged across all my commitments, ensuring I didn't burn out while managing everything I was passionate about.

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

Surprisingly, facing the judges' questions within a brief ten-minute window turned out to be the most demanding part They threw curveballs related to my chosen topic, demanding an in-depth understanding To brace myself, I sought the help of a friend who reviewed my presentation materials and grilled me with questions. This practice significantly improved my ability to respond thoughtfully and think swiftly under pressure.

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

This competition has been a game-changer for me in various aspects. It taught me the art of diving deep into a subject under strict deadlines, helping me refine my ability to research and explore topics that truly resonate with me This experience unveiled how I operate effectively in time-sensitive environments, a skill that applies not just in personal life but also in handling multiple priorities within a professional setting. Moreover, it sparked a newfound appreciation for the topic itself True Crime Podcasts opening doors to thoughtprovoking discussions, especially on unresolved cases. Exploring these podcasts like 'Phoebe's Fall' and 'Trace' introduced me to intriguing narratives that were previously unknown to me, enriching my intellectual horizon!

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

Looking back, I wish I understood the sheer amount of time required for both essay preparation and speech development. I've learned that meticulous planning, allowing generous time for review and practice, would have immensely benefited me in navigating the demands of this competition It's all about the balance between exploration and preparation

HELPFUL TIPS

1

Model your paper off of a successful essy you have written in the past. While modelling your work off of other writers’ work may assist your writing process, using your own work as a reference is far more effective as you can reintegrate a writing style you are familiar with

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Practice your oral submissions in front of family or friends to get more comfortable with the contents of the speech.

Use simple language. This will convey your message more effectively and avoid the risk of ideas becoming lost in needless jargon it will also be far easier to extract key insights if the expression is clear

4

Time your oral submissions to ensure that you are meeting the time constraints. Keep in mind that people often speak faster during the real competition!

ALTERNATIVE DISPUTE RESOLUTION (ADR)

WHAT IS IT?

The ADR competition is a multi-disciplinary competition which includes four key sections that draw from other professional skills competition. This complex competition comprises of: a client interview, a negotiation, a letter of advice and a final presentation - providing a holistic experience of the ADR process lawyers are frequently involved with

Students with extensive knowledge and experience with professional skills are encouraged to partake in this competition, as ADR is the ultimate test of professional skills and shapes well-rounded competitors.

WHAT TO KEEP IN MIND

1

As you have less time than you would in a regular client interview competition, it is important to identify your clients’ needs early on and use this to inform your line of questioning.

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3

Time management can make or break your competition. Set clear time goals prior to the competition and adhere to these strictly during the competition

2

Having a negotiation strategy prior to entering the competition will give you more structure when you are formulating your resolution options after the client interview.

4

ADR is a marathon not a sprint. While it may be easy to become wrapped-up in the fast pace environment, ensure to take time to return back to your initial goals and ensure you are maintaining a consistent argument and have not gone off-track.

JUDGING CRITERIA

Client Interview

Judges will mark competitors on a variety of metrics including:

Ability to identify legal issues and formulate methods of dispute resolution with the client

Ability to determine and extract key pieces of information

Teamwork demonstrated

Self-analysis of strengths and weaknesses

Negotiation

Judges will mark competitors on a variety of metrics including:

Ability to strategise under pressure with their teammate

The creativity of the options considered

Flexibility with new information

Ability to apply new information to a given situation and adapt their strategy accordingly

Letter of Advice

Judges will mark competitors on a variety of metrics including:

Ability to summarise information and provide meaningful advice

Preliminary application of the law

Extent of ADR options and their feasibility

Use of plain English

Presentation

Judges will mark competitors on a variety of metrics including:

Ability to concisely summarise their client’s position and the progression of the ADR process

Comprehensiveness of the potential outcomes

Ability to interpret and accurately answer questions

ALEX LI - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

We did not have that much time for significant planning as we were both faced with assignments during that period. However we were able to gain scope of each other's strengths and weaknesses in terms of past mooting experiences.

On the day of the competition, Bradely and I had a google doc open so that we were able to keep each other posted regarding the timing throughout the process. As the competition was a full day event, we ensured that we kept a steady pace without tiring ourselves out

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

For me, I tried ensuring that the weeks leading up to the comp would be focussed on my assignments. The couple days before the comp, they would be cleared out for communication and just general discussion with Brad about how we were going to tackle the comp

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

It was the first time for me to take part in a negotiations' moot. Going into it, I was unaware of the environment or challenges that it would present however needless to say it was a great experience learning first hand.

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

In terms of development, it was great to put the theoretical into practical. I have always enjoyed being able to learn through practical application and this comp was a great way for me to do that. Its given greater awareness of the scope that legal practitioners participate in on a daily basis.

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

That it wasn't going to be so stressful I thought it was going to be really intense but it was actually really enjoyable

25 MINS

Client Interview

Teams are tasked with conducting a 20-minute client interview to determine their client’s needs and legal issues while outlining a recommended course of action Competitors will then engage in a 5-minute self-analysis review whereby teams will reflect on their performance and answer any questions raised by the judge.

60 MINS

Negotiation

Reduce the amount of time spent on formalities to allow you more time to fully explore your client’s needs!

From the client interview, teams will then enter a 50-minute negotiation with the opposing counsel in an attempt to reach an agreement that aligns with their client’s interests. The extent of information you know about your clients position is dependant on the results yielded during the client interview, so it is imperative for the negotiation that you have a clear picture of what your client hopes to achieve. A 10-minute reflective period will follow the negotiation. This period is used to discuss the outcome and performance with the judge.

60 MINS

Letter of Advice

With the information gathered from the client interview and the outcome of the negotiation, teams will then be given 60 minutes to draft a letter of advice to their client with summarises the options available to them This letter should include a preliminary application of the law and employ all relevant legal formalities.

15 MINS

Presentation

To finalise the competition, competitors will give a 10-minute presentation which summarises their clients case, the ADR which took place throughout the day, and whether future litigation is required. Judges are afforded 5 minutes of question time following the presentation to clarify any outstanding questions.

The more you extracted from the client interview, the easier the negotiation will be!

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2.

Advocacy and Professional Skills competitions which are competed in by teams from two or more universities

Competitors will often need extensive prior experience to compete in these competitions

“We’re going to be representing Macquarie University at the intervarsity moot against the University of Sydney”

INTERVARSITY COMPETITIONS.

PHILIP C. JESSUP INTERNATIONAL MOOT COURT COMPETITION

The Philip C. Jessup International Moot Court Competition or Jessup is the oldest and largest mooting competition globally and attracts over 700 law schools worldwide each year. The competition has been running for 64 years and was named after Philip Caryl Jessup, a former Judge of the International Court of Justice As of February 2024, the Macquarie University team has won back-to-back championships of the National Jessup Rounds and placed in the top 32 teams worldwide during the 2023 international rounds TIME COMMITMENT EXPERIENCE REQUIRED

KYLE MCINDOE & TAYLOR MCCOY - 2023 TEAM

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• EXTENSIVE MOOTING

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What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process? Our competition was broken down into three phases: submitting the memorials in January, the Australian Rounds in February, and the World Rounds in April. Throughout it all, we did everything we could to learn the law and facts relevant to our case, and public international law generally Initially, this was primarily to develop written arguments, then it was to further our understanding and ability to communicate with the Bench. Given how long Jessup is it’s impossible to summarise how we allocated our time, but we made sure we were regularly communicating and prioritising.

THROUGHOUT IT ALL, WE DID EVERYTHING WE COULD TO LEARN THE LAW AND FACTS RELEVANT TO OUR CASE, AND PUBLIC INTERNATIONAL LAW GENERALLY.

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

The most difficult thing about Jessup is that the problem question was released in September and our competition finished in April –so it covered most of Session 2, all of our summer break, and half of Session 1! We both had other commitments during this time –including needing to work full-time to pay rent – but after work, our top priority was Jessup. Our families and friends certainly felt somewhat neglected, but they all understood what we were working towards.

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

How much time you spend with everyone and how closely you need to work together to get results For seven months, we spent almost every non-working minute together, and very much became our own form of family The memorials are approximately 15,000 words on each side, and we all had different strengths and approaches we wanted to undertake. Similarly, during the practice for the oral rounds, we were constantly bouncing ideas off of and criticising each other to ensure we were at our best.

DURING THE PRACTICE FOR THE ORAL ROUNDS, WE WERE CONSTANTLY BOUNCING IDEAS OFF OF AND CRITICISING EACH OTHER TO ENSURE WE WERE AT OUR BEST.

EVERYONE ON OUR TEAM HAS BROKEN THEIR OWN GLASS CEILINGS POST JESSUP.

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

Jessup improved our understanding of international law and advocacy, and our research, written and oral communication skills beyond compare. It personally taught us a lot about ourselves and how to work within a team Everyone on our team has broken their own glass ceilings post Jessup, and it’s largely due to the fact that we were the only four students in the country last year who could say they ‘appeared’ in the High Court before the Chief Justice – and won!

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

We wish we knew from the beginning just how great of an experience Jessup would be. It’s such a long competition that it is difficult to appreciate it each and every day – especially when you’re up all night arguing about which arguments should stay and which should be removed – but it’s such a unique experience and it’s so important to enjoy the process We both genuinely loved the complexity of the law and the issues that we had to deal with, and enjoying it really was the key to our success.

MULS ENVIRONMENTAL LAW MOOT

The Environmental Law Moot is an intervarsity competiton run independently by MULS. Each year this competition attracts competitors from universities across NSW and highlights relevant environmental legal issues. The competition is often judged by Chief Justice of the Land & Environment Court, and Macquarie University alumnus, the Honorable Brian J Preston FRSN SC

TIME COMMITMENT

COORDINATOR’S ADVICE - HEIDI HUGGETT

Taking place in Semester 2, the flagship MULS Environmental Law Mooting Competition invites students from all 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.

•

PREREQUESITES

• PRIOR MOOTING EXPERIENCE

The competition will consist of three preliminary rounds, followed by a quarter-finals, semi-finals and ultimately culminating in a grand final round 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, previous experience would be beneficial.

AS THIS IS AN INTERVARSITY MOOT, THE LEVEL OF COMPETITION BETWEEN TEAMS IS QUITE HIGH

MARGARET CUNNEEN SC WITNESS EXAMINATION COMPETITION

The Margaret Cunneen SC Witness Examination Competition is a WitEx competition run as a collaboration between MULS and UTS LSS. The competition is named after, and frequently judged by, Margaret Cunneen SC - a notable barrister and Crown Prosecutor involved in many high-profile Australian cases This competition is suitable for experienced WitEx competitors

CHRIS RICHARD - WINNER 2023

TIME COMMITMENT

EXPERIENCE REQUIRED

PREREQUESITES

• DEMONSTRATED SUCCESS IN PRIOR WITNESS EXAMINATION COMPETITIONS

• COMPETE INDIVIDUALLY

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

I skimmed over the recorded ALSA rounds to watch how they presented opening and closing statements. I then took the key parts of my evidence notes, put them in a specific Word document and added notes after reviewing the key sections of the Act

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

I invited friends to come watch me practice to simultaneously maintain friendships.

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

This year the competition didn't allow the use of electronic devices so not being able to do research during preparation time. Additionally, the question had a stronger emphasis on the admissibility of evidence and specific rules of evidence than the quality of cross-examination which was different to the MULS competition

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

I had a really great chat with one of the judges about how the bar exams and course works which was super useful.

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

Take up debating if you want to build your confidence and skills for legal competitions It provides huge numbers of opportunities to practice and get rigorous feedback

SIR JOHN PEDEN CONTRACT LAW MOOT

The Sir John Peden Contract Law Moot is a single round intensive competition organised by SULS in partnership with MULS. This bilateral moot requires strong expertise in contract law and an experienced mooting team. Due to the prestigious nature of this competition, it has attracted involvement from notable legal figures including The Honourable Chief Justice French and The Honourable Justice Peden

COORDINATOR’S ADVICE - HEIDI HUGGETT

This highly competitive annual moot is held between MULS and SULS (Sydney University Law Society) and concerns a question of contract law. The question is written by the Honourable Justice Elisabeth Peden of the Supreme Court of NSW who will preside as Chief Judge on a Bench of three for the official moot.

This is a single round intensive competition taking place on the 14th of May at the Supreme Court of NSW. Given the high-calibre of competition, students in their second year or later who have completed Contract Law and have previous mooting experience are encouraged to apply. Registrations open soon so keep an eye out!

THE QUESTION IS WRITTEN BY THE HONOURABLE JUSTICE ELISABETH PEDEN OF THE SUPREME COURT OF NSW.

MICHAEL KIRBY CONTRACT LAW MOOT

The Annual Michael Kirby Contract Law Moot is a prestigious moot competition hosted by Victoria Law School or Victoria University. The competition spans over four days and attracts teams a range of teams from across Australia. Established in 2011, this competition has become one of the largest Australian mooting competitions and maintains a high calibre of competition Macquarie University typically sends one to two teams to compete each year

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

In preparation for the competition, we read the hypothetical question multiple times to understand both the factual events and the issues that would need to be addressed in our submissions. We worked together to research contract law principles and read key cases to build our written submissions. Towards the latter part of our preparation, we organised practice moots to improve our oral presentation and adjust our responses to the judges’ questions

RABIA RASUL - QUARTER FINALIST 2023

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

I managed other commitments alongside the competition schedule by prioritising tasks and planning ahead. By doing this, it made it easier to balance the competition with work and university as I knew when I could spend more time focusing on writing submissions or working on my orals. Furthermore, the competition this year was held just after the mid-semester break which gave me time to work on my oral presentation without needing to attend university classes in between.

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

The most difficult aspect was understanding how to frame the arguments in a manner that was both legally correct and easy to understand. Unlike most other moot competitions where participants are presenting to a court, in Kirby, you are presenting to a Tribunal and address the judges as ‘Tribunal Members’ rather than ‘Your Honour’. Not only did this alter the terminology that we used but it changed the way you presented arguments because Tribunal Members aren’t necessarily lawyers, they may be experts in other professional areas meaning that to effectively present your case you had to simplify the argument

I MANAGED OTHER COMMITMENTS ALONGSIDE THE COMPETITION SCHEDULE BY PRIORITISING TASKS AND PLANNING AHEAD.

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

ADAPTING MY STYLE OF SPEAKING AND BEING STRATEGIC ABOUT WHICH ARGUMENTS

I PUT FORWARD ALLOWED ME TO UNDERSTAND HOW

THE LAW WORKS IN PRACTICE

Taking part in the Kirby competition has aided me both personally and professionally by developing my research and communication skills. Adapting my style of speaking and being strategic about which arguments I put forward allowed me to understand how the law works in practice. Furthermore, by simplifying complex contract law concepts to clear and coherent arguments it gave me an insight as to how I could explain complex legal principles to a client in the future

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

I wish I had known more about the structure of the competition and about how to adapt the style of the advocacy. Oralists were not bound by their written submissions which meant that there was greater flexibility in which arguments we put forward and how we presented them. Unlike other moots where judges give equal weight to the application of substantive legal principles and the presentation of the argument, in Kirby there was more on how speaking techniques were used to persuade the judges of a particular outcome even if those outcomes went beyond the scope of contract law

UTS LSS NEGOTIATIONS COMPETITON

The UTS LSS Negotiations Competition is an annual intervarsity competition where competitors can face off head-to-head and test their skills against our neighbouring universities. Following a strong year for professional skills in 2023, the MULS Negotiations team secured first place in the championship Read below for some insightful advice from our 2023 winners, Jasmine and Daniel

TIME COMMITMENT

EXPERIENCE REQUIRED

JASMINE SALUJA - WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

In this competition, each fact scenario was provided either one or two days prior to the commencement of a round. Evidently, this means not much preparation can be done before this Our preparation sessions focused on ascertaining our client’s position, the other party’s position, considering any mutually beneficial agreements that both sides would be willing to make and identifying any hidden issues that could impact the negotiation. Given the short time frame, my teammate and I would set aside at least 2 -3 hours in the lead up to the round.

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

PREREQUESITES

• DEMONSTRATED PRIOR SUCCESS IN NEGOTIATIONS

• TEAMS OF 2 PEOPLE

Organisation was critical to managing the competition with my other commitments, Given this competition ran across two consecutive days with several rounds, it was important that my teammate and I allocated time for our other commitments in the days before the competition We also communicated with each other if there was a conflict in our schedules.

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

For me, being able to effectively respond to information gained in the course of the negotiation was a significant challenge. A large portion of the marking criteria is focused on how competitors are adaptive in their strategy to meet the demands of both parties. It required me to come to terms with the fact that it is simply impossible to prepare for every situation.

To navigate this, I recommend analysing your client’s position once again. Having a clear understanding of your client’s BATNA and WATNA will help you figure out where compromises can be made.

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

Participating in the UTS LSS Intervarsity Negotiation Competition has contributed positively to my interpersonal, collaborative and problem solving skills. My experience has helped me recognise achieving a mutually beneficial agreement requires building rapport and effective communication with your opponent. These are transferrable skills which are relevant to any career. Additionally, the competition has allowed me to test my skills in an environment that emulates real scenarios I will likely come across in professional practice.

[THE MARKING CRITERIA] REQUIRED ME TO COME TO TERMS WITH THE FACT THAT IT IS SIMPLY IMPOSSIBLE TO PREPARE FOR EVERY SITUATION.

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

Figuratively, paint a picture of your client’s interests! Spend the time drawing out your client’s circumstances to rationalise their position on certain issues. Equally, you should be asking focused questions to understand the scope of the opposition’s interests This strategy lays the groundwork for more creative compromises

SPEND THE TIME DRAWING OUT YOUR CLIENT’S CIRCUMSTANCES TO RATIONALISE THEIR POSITION ON CERTAIN ISSUES.

DANIEL BOWTELL- WINNER 2023

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

We prepared by discussing the facts and strategising approaches from both clients’ sides to immerse ourselves in the factual scenario. This included understanding the context and interests of the clients. Then, we identified key areas of discussion and different interests or mutual benefits we could leverage to improve the outcome for our client Next, we converted our strategy into easily digestible notes to use during the negotiation. Depending on the complexity of the problem, the preparation took around 3 to 5 hours for each factual scenario. We allocated this time from the date we received the facts to a couple of days later when the competition commenced.

DIFFERENT TEAMS WILL APPROACH THE NEGOTIATION UNIQUELY, WITH COLLABORATIVE, ASSERTIVE, OR AGGRESSIVE STYLES BEING USED.

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

The workload in this intervarsity negotiation competition was relatively manageable as it ran over one weekend in August. Although, it is important to set aside some time in the lead-up to the competition as the facts are released only a couple of days before the competition and require a reasonable amount of time to prepare and strategise

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

Adapting to other teams’ communication styles between each round was challenging. Regardless of the factual scenario and each client’s interests, different teams will approach the negotiation uniquely, with collaborative, assertive, or aggressive styles being used. To navigate this, we strategised that one of us take a collaborative approach and the other an assertive one. This assisted in progressing the discussions, getting practical outcomes and scoring more points

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

This competition has substantially improved my client-centered thinking. Negotiation competitions generally encourage you to think from a client’s viewpoint when negotiating a practical outcome for them. This is analogous to professional legal practice, where you are representing a client’s interests. This enhanced perspective will be invaluable when starting a graduate role to adapt from law school to professional practice easily.

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

Do not over-prepare, but do not under-prepare. The negotiation is time-limited, therefore, over-preparing and consequently overthinking the problem will cause you to develop a too detailed strategy which may orient you to be inflexible or you could overwhelm the other team with new ideas and potential issues. However, you should not prepare too little. You need to precisely consider each party’s interests and deeply explore the possibilities for mutual gain This will assist you in leveraging your client’s position closer to their best alternative to a negotiated agreement (‘BATNA’)

NEGOTIATION COMPETITIONS GENERALLY ENCOURAGE YOU TO THINK FROM A CLIENT’S VIEWPOINT WHEN NEGOTIATING A PRACTICAL OUTCOME FOR THEM.

SULS CLIENT INTERVIEWING MULTILATERAL COMPETITION

The SULS Client Interviewing Multilateral Competition is an intervarsity client interview competition competed in by teams from Australia’s top universities. The competition, established in 2020, comprises of preliminary, semi final and grand final rounds and requires participation by two competitors and judge for each team In the past, this competition has typically taken place in semester 2

CLAIRE COTTRELL-DORMER - WINNER 2023

What preparation did you undertake prior to the commencement of the competition? How did you allocate your time during this process?

Heidi and I undertook lots of preparation before the commencement of the competition by researching relevant legislation and precedent This better prepared us for our competition as we knew what to expect and could offer the appropriate legal solutions. In the days leading up to the competition, we allocated more time each day to familiarise ourselves with the legislation and develop specific questions to ask the client.

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

To manage my other commitments efficiently, I planned and estimated how much time I would need to complete my tasks. This enabled me to become more efficient with my time and helped me to prioritise.

IN THE DAYS LEADING UP TO THE COMPETITION, WE ALLOCATED MORE TIME EACH DAY TO FAMILIARISE OURSELVES WITH THE LEGISLATION

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

The most challenging part was adapting our advice to the client's circumstances For instance, if the client informed us that they have attempted to resolve the situation but were unsuccessful, we would need to consider other alternatives to assist them. Another challenge was that we needed to think quickly on our feet as there was a limited time frame.

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

This competition aided my professional development as it enabled me to develop my legal research skills, interpersonal skills and ability to provide the best solution for clients. To successfully represent the client, we needed to demonstrate that we understood the client’s needs, be able to extract all necessary information and be aware of any ethical issues

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

It is necessary to research legislation and precedent to gain a better understanding of the topic and help our clients achieve the best possible outcome.

HEIDI HUGGETT - WINNER 2023

THIS COMPETITION AIDED MY PROFESSIONAL DEVELOPMENT AS IT ENABLED ME TO DEVELOP MY LEGAL RESEARCH SKILLS

What preparation did you undertake before the commencement of the competition? How did you allocate your time during this process?

Most of the preparation is done on the day, there is no preparation that you can undertake before the commencement of this competition. Client memos are very brief and only given to competitors a few hours in advance. Instead, I focused on making sure I understood the duties that lawyers have towards their clients and ethical concerns On the weekend of the competition, I made sure the competition was my only source of focus by completing other uni tasks during the week

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

The SULS Multilateral is an intensive competition held over one weekend. Thus, there is not as much time management required in comparison to the MULS Internal Competition which happens over a semester. Instead, general time management is required by completing my uni work and other competition requirements in advance.

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

As it is a weekend intensive, everything goes so quickly! Once you finish a round, there isn't much time to rest and reset as you've got another round in an hour or so to prepare for This was a change of pace from other competitions I have competed in

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

This competition helped me to think on my feet and prepare for meetings with clients in a very short amount of time. It also deepened my skills in working with the client to fully understand the legal complexities of any situation.

MULS X SULS ADR COMPETITION

MULS x SULS ADR Competition is a bilateral competition which is hosted by Macquarie University annually and sees both universities go head-to-head in two rounds of client interview and a subsequent negotiation MULS nominates two teams of two students for this competition, allowing for more opportunities for ADR specialists to hone their skills If you enjoy competing under high pressure in a relatively short space of time - this competition is for you!

SIMONE ALEXANDER - COMPETITOR 2020

TIME COMMITMENT

EXPERIENCE REQUIRED

PREREQUESITES

• DEMONSTRATED SUCCESS IN WITNESS EXMINATION COMPETITIONS

• TEAMS OF 2 PEOPLE

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 in this competition.

What did the preparation process consist of and how did 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 Ensure to set aside time on different days leading up to the competition to address each element of the competition. This prevented fatigue and ensured that each time we engaged with the competition we had new perspectives and ideas.

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 it's imperative that you understand how to tackle each section individually before diving into this competition. I found that my experiences in internal professional skills greatly impacted how 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.

ADC-ICC ASIA PACIFIC COMMERCIAL MEDIATION COMPETITION

The ADC-ICC Asia Pacific Commercial Mediation Competition, or the A-Pac Mediation Competition, is an international negotiation and mediation competition which focusses on a mock commercial dispute. This competition attracts competitors from universities across Australia, Asia and the South Pacific as well as competitors from the Americas and Africa In 2024 the competition will be run online and take place across the 24-26 August 2024

TIME COMMITMENT

DIRECTOR’S ADVICE - SUJAL CHADHA

EXPERIENCE REQUIRED

PREREQUESITES

• DEMONSTRATED SUCCESS IN PROFESSIONAL SKILLS COMPETITIONS

• TEAMS OF 2-4 PEOPLE WITH 2 COACHES

The ADC-ICC Asia Pacific Commercial Mediation Competition is a competition that provides you with a unique opportunity for university students to improve upon their negotiation, active listening and communication skills in a mediation setting As this is an international competition, it requires more preparation than inter-varsity professional skills competitions, however, with open communication and diligent time management, this process can be easily simplified and can help you improve your prioritisation skills. This competition is an excellent initiative that allows students to experience a formal mediation atmosphere as a third-party mediator participates in the rounds. In addition to that students are provided with an opportunity to network amongst their peers and learn from likeminded individuals By competing, you can learn really valuable skills, meet bright and like-minded peers and establish close friendships, all of these things allow for a great competition experience.

THIS COMPETITION IS AN EXCELLENT INITIATIVE THAT ALLOWS STUDENTS TO EXPERIENCE A FORMAL MEDIATION ATMOSPHERE

HEAR FROM THREE OF OUR EXPERIENCED MACQUARIE JUDGES WHO YOU ARE LIKELY TO BE JUDGED BY IN 2024!

FROM THE BENCHTHE JUDGES PERSPECTIVE

WITH CONTRIBUTIONS FROM PROFESSOR LISE BARRY, ANDY DONG AND FAREED QURESHI

PROFESSOR LISE BARRY | DEAN OF MACQUARIE UNIVERSITY LAW SCHOOL

In what way does competing prepare law students for life as a lawyer?

You will learn to think on your feet, work under pressure and operate in a team. These are all highly valued skills in the legal profession that lawyers use every day. Having mooting experience under your belt will provide you with experience that you can use for those tricky interview questions like “tell us about a time when you had to work under pressure and how you managed that”

What is the most common mistake students make when competing?

The most common mistake students make when competing is to be overly adversarial Professional etiquette requires courtesy to others Mooting helps you learn how to overcome your opponents with legal reasoning rather than aggression

What new competitions facilities do students have to look forward to this year?

The Michael Kirby Building is home to Australia’s newest and most beautiful Moot Court. This space is like no other and everyone who has visited it have marvelled at what a great environment it is. In addition, we have two new mooting rooms with a breakout area for small competitions and professional skills. Our mooting facilities are world class and a great opportunity for all students to benefit from state of the art facilities.

What attribute do stand-out contributors all have?

Our best competitors combine critical thinking skills, foundational legal knowledge and emotional intelligence Mooting hones all three of these skills and it is wonderful to watch students develop these over the course of their studies Don’t expect to be an expert from day one. The whole point of mooting is to stretch yourself and try something new. You will learn so much about the law, but also about yourself.

Which competition should students look out for this year?

I am a huge fan of the professional skills competitions – client interview and negotiation. Students may be surprised to know that most lawyers will never set foot in court – but all professionals need to negotiate and learn how to understand their clients’ needs The professional skills competitions help with both of these skills

“PROFESSIONAL ETIQUETTE REQUIRES COURTESY TO OTHERS. MOOTING HELPS YOU LEARN HOW TO OVERCOME YOUR OPPONENTS WITH LEGAL REASONING RATHER THAN AGGRESSION.”

ANDY DONG | ASSOCIATE AT MAKINSON D’APICE

“YOU WILL ALSO MEET SOME TREMENDOUS PEOPLE IN THE COMPETITIONS CIRCUIT THAT WILL BE A GREAT SOURCE OF ADVICE AND FRIENDSHIP IN FUTURE.”

In what way does competing prepare law students for life as a lawyer?

Competitions at university will help you develop great time management, advocacy, research and networking skills. These skills will stay with you well beyond your university days. You will also meet some tremendous people in the competitions circuit that will be a great source of advice and friendship in future.

What is the most common mistake students make when competing?

Not asking for help. MULS have a great range of competitions specific resources (guides and recorded seminars) which have been created and updated over the years by each cohort. There are also a number of senior students who have had serious competitions experience at the internal, domestic and international level. Don’t feel shy to ask for help!

What new competitions facilities do students have to look forward to this year?

MULS has access to great facilities including group study spaces for preparation and, of course, the brand new moot court in the Michael Kirby Law Building.

What attribute do stand-out contributors all have?

Be willing to take on feedback. You will have the benefit of input from a range of judges including academics, practicing lawyers, barristers, experienced students and also actual judges! Always keep an open mind and think about how your feedback can help you improve your competitions journey, and also your course work.

Which competition should students look out for this year?

Mooting competitions, particularly the Foundations Moot, are great for expanding your advocacy and research skills. Client interview is also great to learn soft skills that will be useful for client management in practice.

FAREED QURESHI | SENIOR ASSOCIATE AT KOFFELS

SOLICITORS AND BARRISTERS

In what way has competing prepared you for life as a lawyer?

Competitions have defined my professional life. I attribute all of my research, drafting and advocacy ability to mooting. Likewise, every day when I speak to clients or witnesses, I use the skills I picked up in client interviews and witness examination Moreover, my former judges, teammates and competitors have all now become crucial industry contacts

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.

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 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.

What skills do stand-out contributors all have?

Preparation Competitions are generally won or lost before the competitors even step in the room on matchday, as a good judge will pick the level of preparation each side has put in very quickly

Which competition should students look out for 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, might be the one to bring home an elusive international title.

“COMPETITIONS ARE GENERALLY WON OR LOST BEFORE THE COMPETITORS EVEN STEP IN THE ROOM ON MATCHDAY, AS A GOOD JUDGE WILL PICK THE LEVEL OF PREPARATION EACH SIDE HAS PUT IN VERY QUICKLY.”

SIMONE ALEXANDER | 2023

COMPETITIONS DIRECTOR

In what way does competing prepare law students for life as a lawyer?

Learning to write clear and concise legal arguments is a skill that is essential in any area of the legal profession. Partaking in competitions helps boost these skills by providing an avenue for students to practically apply themselves beyond the theory of the classroom. It's also a fantastic way to explore new areas of law and sample different types of advocacy so students are better equipped to identify their passions within the legal sphere.

What is the most common mistake students make when competing?

Across most competitions, time management is often where students experience the most difficulty. There is a set time in which you can convey your points to the other side and the acting judge. Often students find themselves short of time and unable to explore arguments fatal to their position which can be detrimental to the outcome of a round. Therefore, during the competitions, it is important to assess which points can be conceded quickly so that there is more time discuss issues central to your case.

What attribute do stand-out contributors all have?

All students have the potential to succeed in these competitions but the best students are those who spend time practicing and refining their techniques. Seeking feedback from judges is an excellent place to start in understanding individual strengths and weaknesses and gaining advice on the best ways to improve round after round.

Which competition should students look out for this year?

I think all students should try their hand at negotiations. Similar to mooting, negotiations require careful consideration of the facts before planning arguments to put forward to the opposing counsel. However, unlike mooting negotiations are less time intensive allowing for more flexibility to juggle against other commitments such as university classes and work.

“ALL STUDENTS HAVE THE POTENTIAL TO SUCCEED IN THESE COMPETITIONS BUT THE BEST STUDENTS ARE THOSE WHO SPEND TIME PRACTICING AND REFINING THEIR TECHNIQUES.”

SOPHIE CANT | STUDENT JUDGE; PARALEGAL AT MADDOCKS

In what way does competing prepare law students for life as a lawyer?

Competing in any MULS competition prepares students for the various avenues a lawyer can pursue in their professional career The MULS competitions allow students to learn, grow and make mistakes in a supportive environment that will undoubtedly give you a leg up in your career

What is the most common mistake students make when competing?

Asking questions to ascertain information from their client without an order to the questioningthis often confuses the client and makes it difficult for everyone to follow on Try ask questions in a chronological order; before, during and after the event/incident.

What attribute do stand-out contributors all have?

Have a genuine eagerness to learn and develop your skills Being your genuine, true self always stands out!

Which competition should students look out for this year?

MARIANO | STUDENT JUDGE; PRESIDENT OF MULS

ompetition to a professional career No matter where cting with clients!

In what way does competing prepare law students for life as a lawyer?

Engaging in competitions significantly sharpens transferable skills, refining abilities like active listening, quick thinking in time-sensitive situations, and mastering prioritisation! These skills have seamlessly translated into my daily life, greatly benefiting me when balancing work, extracurricular activities, and personal commitments

What is the most common mistake students make when competing?

Failing to establish deadlines for task completion while preparing for competitions can lead to inefficiency The intensity of each competition varies; for instance, mooting competitions demand more rigorous preparation compared to client interviews and negotiations Setting specific deadlines for various preparation stages is crucial. For instance, annotating facts and brainstorming ideas for written submissions can be done in the first week, followed by drafting written submissions in the second week This structured approach ensures timely progress and optimal preparation for the competition!

What attribute do stand-out contributors all have?

The ability to think on one's feet is paramount While it may sound cliché, this skill truly tests one's understanding of their case As someone who has judged competitions before, it's evident when participants grasp the intricacies of their argument and confidently present their case, distinguishing them from those who do not.

Which competition should students look out for this year?

I would recommend participating in both client interviews and foundations of law moots! These two experiences represent opposite ends of the spectrum. Client interviews are low maintenance and manageable, making them ideal when juggling multiple commitments On the other hand, foundations of law moots are intensive and focus on refining skills in arguing and debating, offering a platform to hone these abilities.

What new competitions facilities do students have to look forward to this year?

The new Moot Court in the Michael Kirby Building! It is such a beautiful space where the setting looks more formal and mimics one of the Courts and I think it is a really good space for competitions, judges and spectators alike!