Competitions Guide 2018
EDITOR’S NOTE
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COMPETITIONS TIMETABLE
KING & WOOD MALLESONS MOOTING • Meet the Director: Zachary Shunmugam • Advice from the Experts: Lorenzo McMiken, Adam Brett & Christopher Allen • Meet a Judge: Tracey Mylecharane • Mooting 101 • Sample Written Submissions
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COMPETITIONS LAUNCH – WEEK 2
CLAYTON UTZ NEGOTIATION • Meet the Director: Melly Zhao • Advice from the Experts: Emma Rogerson & Zoe Vlahogiannis • Meet a Judge: Alice Scamps-Goodman • Negotiation 101
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ASHURST CLIENT INTERVIEW • Meet the Director: Sophia Xian • Advice from the Experts: Danica Smith & Crystal Holt • Meet a Judge: Helen Rodríguez • Client Interview 101
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WITNESS EXAMINATION • Meet the Director: Kunal Vankadara • Advice from the Expert: Cameron Richards • Meet a Judge: Michael Eburn • Witness Examination 101
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EXTERNAL COMPETITIONS • Meet the Director: Prisca Ochan • Student Testimonials
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WORKSHOPS – WEEK 3 PRELIMINARY ROUNDS – WEEK 4-6 • Negotiation – Monday • Mooting – Tuesday • Witness Examination – Wednesday • Client Interview – Thursday KNOCKOUT ROUNDS AND GRAND FINAL – WEEK 7-10
AUSTRALIAN LAW STUDENTS’ ASSOCIATION (ALSA) CONFERENCE • Student Testimonials
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WORKSHOP NOTES
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Please note that competitors must be available to compete during the preliminary rounds and knockout rounds.
2018 Australian National University Law Students’ Society Competitions Guide
Contents & Competitions Timetable
Published by ANU Law Students’ Society’s exclusive printing partner
All images included are royalty free or are produced with permission from the author.
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Victoria Hoon Dear ANU Law Students, Welcome to the 2018 Clayton Utz Competitions Guide! Let this be your step-by-step guide to the exciting world of law competitions here at the ANU.
Getting started may be a daunting prospect at first, however this year we have introduced ‘Competition 101’ guides and ‘Meet a Judge’ sections to help you in your competitions journey.
I would firstly like to thank everyone who has contributed to the guide this year. Without their hard work and contributions, this Competitions Guide would not have been possible. I would also like to express our appreciation to our sponsors for their ongoing support and to Clayton Utz who partnered with us for this year’s Competitions Guide.
I would like to thank the Competitions Directors: Zachary Shunmugam, Melly Zhao, Sophia Xian, Kunal Vankadara and Prisca Ochan, who contribute their time every week to ensure the smooth running of our competitions, our judges, who kindly volunteer their time to judge and our President, Suchara Fernando, for her constant support this year. I would also like to thank our Publications and IT Director, Conor Tarpey, for helping to create and edit this Competitions Guide.
Many of you who are new to competitions may be thinking, well, what are competitions and what are the benefits of participating? These are valid questions and we are excited to provide you with answers.
I have really enjoyed being a competitor, judge and coordinator of legal competitions and I hope your experiences are just as rewarding as mine. Competitions open many doors and I look forward to hearing about all of your competition successes!
Legal competitions are an amazing law school experience as they provide students with a practical way to apply and develop their legal knowledge and skills. Students learn and hone their advocacy, communication, team-work, research, time management and creativity skills throughout the competitions. It also provides them with the opportunity to meet and compete against peers and other like-minded law students both within ANU and other universities. The skills gained from participating in such competitions are highly sought-after and applicable both in the workplace and at law school.
If you have any competitions-related queries or concerns, please do not hesitate to contact me at lsscompetitions@anu.edu.au.
There are many different internal and external competitions in which students can participate which include mooting, negotiation, client interview and witness examination. These competitions run at both Senior and Novice levels, so everyone should feel welcome to participate. Students are also given the opportunity to participate in a variety of external intervarsity competitions which cover topics ranging from contracts to animal law. Senior Competitions are held in semester one and Novice Competitions in semester two. There are many opportunities to compete throughout the year, so keep an eye out on our LSS Facebook page for regular updates.
Victoria Hoon Vice President (Competitions) ANU Law Students’ Society
2018 Australian National University Law Students’ Society Competitions Guide
Editor’s Note & Welcome
Victoria Hoon recently graduated from her Bachelor of Laws (Hons) degree at the Australian National University. She has competed in and judged multiple internal and external mooting competitions and is the current Vice-President (Competitions) of the ANU Law Students’ Society.
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2018 Australian National University Law Students’ Society Compeitions Guide
King & Wood Mallesons Mooting Mooting is a mock court case where the case goes to appeal. As an appeal case, agreed facts are given to both parties at the beginning of the competition. Similar to problem question assignments at law school, the teams must research the relevant areas of law to make submissions to the court on what the law is and how it applies to their particular circumstances. Competitors are also required to answer any questions raised by the bench during the moot. Mooting tests one’s knowledge of the law, as well as advocacy skills. Each team has two or three members, consisting of a senior counsel, junior counsel and an optional instructing solicitor. Each round, teams are assigned to represent either the Appellant or the Respondent. The question and draw are released one week prior to the round and the competition typically runs for approximately one and a half hours. Team size: 2-3 Time commitment: High
Meet the Director Zachary Shunmugam Zach is currently studying Law/Commerce (Finance) and his favourite subject to date would probably have to be Corporations Law (totally not influenced by the commerce side of his degree). In his first year, Zach participated in the novice moot competition. Despite winning his first two moots, Zach’s team had to forfeit the third moot as their mid-semester exam coincided with that round. Thus, Zach was motivated to become Competitions Director so his journey with competitions at the ANU would not end on such a note!
What made you get involved in competitions? Having participated in competitions last year, I wanted to get involved for multiple reasons. I wanted to get more involved with student life on campus and meet other like-minded folk, to challenge myself by learning essential life skills that I definitely didn’t have before (which you learn and need to have whilst carrying out the job). I also more generally wanted to be involved with competitions because I relish the challenges that come with participating in competitions. I also wanted to see what it would be like to be on the other side of the coin in organising rather than just participating.
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What is your favourite thing about mooting? My favourite thing about competitions is interacting with the ridiculously cool participants and judges. It’s not always fun hanging around from 5-10pm on a Thursday evening but the people make it worth it! I also enjoy knowing that when I do my job well, it makes competitors’ experiences smoother and leaves a positive impact. Tips? Definitely participate in competitions whilst you’re at University! It’s the best time to do it and you really do learn essential life skills whilst participating.
Lorenzo McMiken, Adam Brett & Christopher Allen Champions, 2018 King & Wood Mallesons Senior Mooting Competition When a duck swims across a pond, it appears to glide effortlessly and without a care in the world. Yet under the water its feet are paddling furiously. When you moot for the first time it can sometimes feel like you’ve been thrown in the deep end. The judge will ask tough questions and you may be scrambling to finish your submissions. But just like a duck it is important to be calm, you want to convey the sense that you’re in control and have sound legal arguments. 1. Preparation and Time Commitment Mooting is an incredibly enjoyable and rewarding experience, but it requires time and effort to research the law. The experience of crafting creative legal arguments and developing advocacy skills is well worth the effort though. Further, the problem stays the same throughout the competition (you’ll just switch sides), so once you’ve prepared for it once most of the work is done. 2. Written Submissions Written submissions are the first opportunity to communicate your arguments to the judge and your opponent. Whilst it is tempting to act strategically and blindside your opponents with vague submissions, it’s more important to have a clear and concise outline of your argument. The judge will find it easier to follow what you’re saying and it will help you understand your case. 3. Know the Facts of the Problem and the Cases you use When you deliver oral submissions, you should know the facts of the problem inside out. Often a judge will drag you on a line of questioning that can be concisely resolved as long as you’re familiar with these facts. Judges also ask for the facts of the cases you’re using. Be sure to familiarise yourself with these to avoid being caught out! Creating a document which summarises all the cases you’re using and bringing this to the lectern with you is a good idea.
Adam Brett at this year’s Senior Grand Final
4. Oral Submissions Oral submissions are the most important part of a moot as it will typically take up the lion’s share of scoring. It’s important to keep in mind that this is not an opportunity to deliver a speech you’ve preprepared. It’s a conversation with the bench, where the goal is convincing them of your arguments. It can be frustrating if a judge misses an obvious point, chases a frivolous argument, or misunderstands your case. However, every question is really an opportunity to demonstrate your in-depth knowledge of the law and convincing answers will accrue many points for your team. When answering questions, you’ll often be sidetracked from your planned speech. Be prepared to skip some submissions if you have answered a judge’s question on a certain topic. Also remember that you are in control. If you feel like time is better spent on another aspect of your submissions, have the confidence to tell the judge that you cannot argue the point any higher. 5. Understand that there will be weak points of your case In a moot you’ll always have to make some weak arguments. Don’t try to hide these weak points, a judge will often be provided with preparation notes on where the appellant and respondent will struggle. The key thing here is to calmly argue the point to the best of your ability. The judge is testing how you act under pressure and these points can often decide the outcome of a close moot.
Lorenzo McMiken at this year’s Senior Grand Final
2018 Australian National University Law Students’ Society Competitions Guide
Advice from the Experts
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2018 Australian National University Law Students’ Society Compeitions Guide
Meet a Judge Tracey Mylecharane I am a lecturer at the ANU College of Law. Prior to joining ANU in 2014, I enjoyed a successful 12-year career as a litigation lawyer in private practice in Canberra. What are the judges looking for? Participants who are prepared, and who possess a thorough understanding of the matter – the entire matter, including the co-counsel’s argument. If there is a co-counsel, it does not reflect well to respond to a judge’s question by simply saying ‘my co-counsel dealt with that part of the matter’ without being able to engage at all with the question. There is no substitute for being prepared. It shows (whether you think so or not!). As part of the preparation, competitors should practice submissions – out loud. You will be surprised what a difference this will make to the ultimate delivery in the competition.
How is mooting helpful in the workplace? Participating in mooting competitions really does assist in developing clear and effective communication skills. Confidence is also developed and it really is a good way to indicate that you have ‘guts’ – because it really does take ‘guts’ to get involved in a competition like this. As a former employer, it was viewed very favourably to see mooting competitions on CVs.
Mooting 101 Laksshini Sundaramoorthy 1. It’s not a debate Too frequently, beginner mooters confuse mooting with debating. Resist the urge to attack your opponent as this is not very professional. Avoid aggressive rhetoric and instead, maintain your composure when you are presenting your argument. Remember, you don’t really have time for extensive rebuttals. When you’re preparing for your moot, figure out what arguments your opponent might bring up. Confirm this later when you receive their written submission, then prepare a response and integrate this into your speech. 2. Formalilites Remember, a moot is supposed to simulate a real court. You need to act the part. A) Titles The judges should always be addressed as “your Honour” and your team mate should be referred to as “my learned colleague.” Likewise, your opponent should be referred to as “opposing counsel” or “learned friend.”
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What makes competitors stand out? Confidence (and this will be significantly improved with adequate preparation!). Competitors who are relaxed, who speak in a slow, calm and measured manner, and who can engage with the judge/s as required (particularly responding to questions from the judge/s) really do stand out in all the right ways.
B) Opening Submissions Launching into your speech might initially appear to be a daunting task. You can begin by stating; “May it please the court, my name is ______ and I appear with my learned colleague ______. I appear today on behalf of ______ in the matter of ______.” C) Formal Citations For the first case that you refer to in your oral submissions, you need to cite the entire case name, including the pinpoint reference. Then, request the judge that you dispense with formal citations. The judge will almost always say yes. In the very unlikely event that the judge refuses to do so, you will need to cite the full case name every time you refer to an authority. Also, remember that when you are citing a case, the ‘v’ is pronounced as “and”. D) Think vs Submit Avoid saying “we think” or using other colloquial terms. If you have a point to make, you need to say “we submit that …”
“Our submission will proceed as follows: First, we submit that ______. Here, I will discuss a) ______, b) ______ and c) ______. Second, I will demonstrate how ______. Third, my junior associate will consider ______. “ 4. Respond to the Judge A large proportion of marks are allocated to how competitors respond to questions. Be prepared to speak about another issue if the judge insists. For example, judges frequently try to throw you off track – when you are talking about topic X, they might ask you a question relating to topic Y. This is always a tricky situation because you don’t want to lose your structure. If the judge asks you a question about a topic that you will get to later in your submission, avoid asking the judge to simply wait till your further through your speech. Instead, you could: i) directly answer the question, ii) note that you will elaborate further when you reach submission ___, iii) ask the judge if it’s okay for you to revert back to the point you were originally discussing. It’s not about simply reciting a speech. A moot is about engagement and responding to the questions asked. When a judge asks you a question about something your team mate will discuss, don’t be afraid to say, “your honour, unfortunately I’m unable to answer your question but my junior associate will discuss ….” Ideally, however, you should be across all of the issues.
King & Wood Mallesons Senior Mooting judges
If you don’t know the answer, don’t bluff. Ask the judge to clarify/repeat the question – this gives you vital thinking time and might clear up any other ambiguities. If you still don’t know, just apologise and say that you will need to discuss the matter with counsel. If you’re unclear about what the judge is asking, ALWAYS ask for clarification. It might also be useful for you to restate the question in your own words, and double check that this is what the judge is asking. Finally, it is very impressive if you can signpost within your response. That is, clearly state two or three reasons as to why the judge’s assertion may be incorrect. 5. Follow HIRAC When structuring your oral submission, follow the basic contours of HIRAC. This will give your analysis structure. 6. Ensure that your Authorities are ‘Legit’ It isn’t really worth your time spending hours on LexisNexis finding a random case from the 1600’s that no-one knows about. Despite popular belief, this isn’t a wild card. Ensure that your cases are not outdated, have not been appealed and were not decided in an obscure jurisdiction. Also, be cautious about referring to cases that have regard to a particular statute. 7. Case lists There is no point in citing 5000 cases. You do not get rewarded for how extensive your case list is. For every case in your list of authorities, you should be prepared to briefly outline the facts. The judge/s will probably quiz you on it.
2018 Australian National University Law Students’ Society Competitions Guide
3. Always Signpost Signposting is crucial! Immediately after you introduce yourself and your client, make sure to provide a brief outline of how your submission will proceed. Don’t be afraid to use letters and numbers as this will make it easier for the judge to follow. Your signpost might look like:
8. Written Submissions in Oral Submissions Try and use your written submission to guide the judge. For example, you might say “your honour, if you refer to submission 1.2.1, ______”.
King & Wood Mallesons Senior Mooting Winners, Runner-Ups and judges
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2018 Australian National University Law Students’ Society Compeitions Guide
Sample Written Submission IN THE NEW SOUTH WALES SUPREME COURT BETWEEN
TEAM X
HESTON PRESTON (Appellant) and BENNY MARTIN (Respondent) RESPONDENT’S OUTLINE OF SUBMISSIONS (A) SUMMARY OF FACTS 1. The Appellant, an executive chef at ‘The Fat Drake’, was approached by the Respondent, a celebrity chef, to feature on his television show. The Respondent would arrive on October 29. 2. The Appellant was aware of the Respondent’s use of physical and verbal intimidation for the purposes of the show. … etc… (B) RESPONDENT’S SUBMISSIONS 1. The respondent’s holding of a plate above his head created reasonable grounds for imminent fear of battery and the respondent had requisite intention. 2. Trial judge was incorrect in finding no battery occurred as the harm was direct and intentional. … etc… Submission One 1. The respondent’s holding of a plate above his head created reasonable grounds for imminent fear of battery and the respondent had requisite intention. 1.1 The respondent intended, through his aggressive conduct, aimed to place in the appellant’s mind fear of battery. Rixon v Star City Pty Ltd [2001] NSWCA 265 at [58] per Sheller JA.
1.2 To constitute assault, the apprehension of imminent harm in the victim’s mind must be objectively reasonable. Though the appellant had a particular predisposition to being fearful in the circumstances. The conduct of the respondent was such that any reasonable person would have had apprehension of imminent harm. Barton v Armstrong [1969] 2 NSWR 451 at [455] per Taylor J. … etc… [Subsequent Submissions will follow the same format as Submission One] Respondent’s List of Authorities A Articles/Books/Reports B Cases C Legislation Submitted on behalf of the Counsel for the Respondent. Dated this [x] day of [Month] [Year] Senior Counsel, Junior Counsel and Solicitor Counsel for the Respondent
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STAY TRUE.
I am a daughter of Vietnamese migrants who came to Australia in the late eighties in search of a better future. My parents have always struggled with the English language so it’s really been my role to help them navigate their way through filling in forms dealing with Government departments and various legal issues. From a very young age this experience made me realise that it was likely there were many more people in a similar position to my parents. I wanted to help those people the same way I’d helped my parents and that’s when it clicked that becoming a lawyer was the thing for me. I am now a full time pro bono lawyer at Clayton Utz. This means that I help to implement the firms pro bono strategy by co-ordinating pro bono matters for our lawyers supervising our pro bono files and working on pro bono cases myself. A large part of my role in the pro bono team is to help our lawyers manage challenges… To listen to Hai-Van’s full story, go to: claytonutz.com/graduates Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.
As a junior lawyer, your enthusiasm is in overdrive. Everything is interesting. You have a million questions for everyone. You want to be the best. And for me, I wanted to be the best lawyer and leader I could be. Right now I’m a corporate and tax lawyer, buying and selling companies, structuring investments and having the occasional battle with the ATO.
STAY TRUE.
So, a little while after I started at Clayton Utz, I joined the social committee. A powerful assembly fuelled by lunchtime pizzawielding lawyers making important decisions like choosing the Christmas party theme. They knew I liked pizza, but had no idea I was gay. You see, I wasn’t out at work yet and this became a genuine source of anxiety for a good two years. But In May 2015 this all changed... To listen to Luke’s full story, go to: claytonutz.com/graduates Academic brilliance certainly counts, but graduates who thrive here have something extra – a natural passion for connecting with people and a strong sense of self. That’s what staying true is all about. If you have these qualities, Clayton Utz is for you.
Negotiation is the bread and butter of a lawyer’s work. The majority of legal disputes are resolved at the negotiation stage, which usually occurs before litigation. Teams are assigned to represent different parties to a legal dispute and are given a common set of facts, as well as specific confidential information about their client. Competitors strive to achieve an outcome that satisfies the best interests of their respective party. In determining the winning team, the judge will examine team work, strategy and the ultimate outcome of the negotiation. Teams consist of two students acting as solicitors. New scenarios/questions are released every week. The negotiation sessions last for 40 minutes, after which teams will have a short reflective period where they can chat and take questions from the judge. This reflection period is also assessed. Team size: 2 Time commitment: Moderate – Low
Meet the Director Melly Zhao Melly is a second year Law and Commerce student. In her first year, she competed in Novice Negotiation. Her favourite subject so far is Australian Public Law. Her role as the Negotiation Competition Director is to organise the competition and liaise between student participants, judges and the LSS committee.
What made you get involved in competitions? I decided to get involved in competitions because I felt like it was a great way to gain some practical legal experience and meet like-minded people. What is your favourite thing about negotiation? My favourite part about negotiation is to watch teams develop better teamwork skills and learn to work together to achieve a win-win situation for both parties.
2018 Australian National University Law Students’ Society Competitions Guide
Clayton Utz Negotiation
Tips? I think it is important to keep in mind that the facts in front of you are just a statement from your client’s perspective. Thus, you should really try to understand your client’s real interest and anticipate the other team’s potential positions in to maximise the chance of reaching a satisfactory resolution for both teams.
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2018 Australian National University Law Students’ Society Compeitions Guide
Advice from the Experts Emma Rogerson & Zoe Vlahogiannis Champions, 2018 Clayton Utz Senior Negotiation Competition 1. Prepare Before you begin the negotiation you must carefully read the facts and know them thoroughly. From this, figure out your client’s priorities and areas in which you can compromise. Make an agenda that represents how you want the negotiation to flow in a way that details the key points of discussion and the interests of your client. 2. Relationships It is important to come to the negotiation with a positive attitude and not purely see it as adversarial. It is crucial that you have a positive relationship with the opponent as this often leads to a better outcome and a strong relationship is an important factor in judging. It is also important to establish a clear and equal relationship with your partner. While you may have different roles, both partners should understand all the issues and be able to propose solutions.
4. Solutions You need to enter the negotiation with as many solutions to the different problems as possible. These solutions need to be flexible and outside the box. You should also consider which solution is best for your client and where they are willing to concede. Additionally, you need to listen to the other party and recognise good solutions they propose, building upon these solutions with the other team so they fit both clients’ interests. 5. Reflection Reflection time with the judge is just as important as the negotiation. Think about your strengths and weaknesses in the negotiation and how such weaknesses could be improved upon. Acknowledge what the other team did well and how you could implement that in the future.
3. Listen To achieve the best outcome for your client, you need to understand what the parties want and what the conflict boils down to. The best way to achieve this and potentially exploit the other party’s interests is to listen and clarify. Knowing what is important to each side means you can more easily reach a mutually beneficial arrangement and will not be distracted by issues that are easily solved or agreed upon.
Meet a Judge
Alice Scamps-Goodman My name is Alice Scamps-Goodman. I am in my fifth year of a Bachelor of International Relations/ Bachelor of Laws (Hons). The area of law which I am most interested in is international law and international dispute resolution. My partner and I won the Novice Negotiation Competition in 2016 and since then I have judged both the Novice and Senior competitions, as well as judging the Clayton Utz Intervarsity Negotiation Competition UTS in 2018. I have just completed the study of Advanced Negotiation and Mediation at the London School of Economics and Political Sciences.
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1. What are Judges looking for? Judges look for a range of different things during a negotiation, including: Time Management Teams should be wary of not getting bogged down in minor or unnecessary details, otherwise there is not a lot of time left to negotiate a settlement which means teams may agree to a settlement which is to their client’s detriment in the interest of reaching an agreement in the last few minutes.
Reasonableness Sometimes it will be necessary to negotiate competitively, however, in most instances, a negotiation will proceed more smoothly and achieve a better result overall if teams are reasonable with and amicable to each other. Beginning a negotiation in this way can help save time and effort because mutual understanding of facts and overall interests can be more readily established. Achievement of Client’s Interests There are a number of ways which a team may achieve the interests of their client and some may be more creative than others. However, team must remember that the core of the discussions and the settlement needs to achieve the basic needs and interests of their client. 2. What Makes Competitors Stand Out? A number of factors will help competitors to stand out: Time Management and Discussion of Relevant Issues A competitor will stand out if they direct the discussion towards issues relevant to settlement, rather than aiming to discuss every minor detail or irrelevant information. Remember, these negotiations are not for very long, so taking a broad and holistic approach shows that a competitor is aware of the limitations in which they are operating.
Adaptability A key skill which makes a competitor stand out is their ability to adapt their negotiation strategy in response to new information. This is a difficult skill and it comes with experience, but competitors should always consider whether the strategy they came into the negotiation with will work if they are presented with new information. Flexibility Sometimes a team will be very stubborn and if the responding competitors are equally stubborn, there will be an impasse which the teams cannot get around. In this instance, the competitor who demonstrates a desire and ability to be flexible in order to achieve some of the interests of their client will be marked higher than a team who is merely stubborn in an attempt to achieve their client’s interests. 3. How is Negotiation Helpful in the Workplace? The negotiation skills that competitors develop in this competition are useful in the legal profession because most legal disputes are resolved through negotiation, not by trial. A person who participates in this competition will have a head start in the legal profession because they will have established rudimentary skills of negotiation which will be in constant use. I see negotiation used the firm I work for constantly, for example, in regard to negotiating terms of commercial leases. However, the skills learned in negotiation are helpful in any workplace. Skills such as public speaking, time management and preparation are skills required in the workplace in general. Furthermore, negotiations of disputes arise outside of the legal profession – disputes arise every day at workplaces, and negotiation is often the simplest and quickest way to resolve a workplace dispute.
2018 Australian National University Law Students’ Society Competitions Guide
Preparation It is obvious to a judge when a team has prepared and when a team has not prepared. Teams should have a firm grasp of the facts they have been given, have a strategy prepared which is capable of adaptation in response to new information, and should have an idea of what information they want to try to draw out from the other side. Having an agenda prepared which highlights the relevant issues is a good sign that a team is prepared.
Control A competitor will stand out if they have control of the discussion. This does not mean that the competitor does not listen to the other side, as this is integral in order to reach a settlement. However, a competitor who has control of the direction of the negotiation will stand out as a confident and prepared negotiator and will likely achieve the interests and needs of their client
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2018 Australian National University Law Students’ Society Compeitions Guide
Negotiation 101
Craig Collins - Senior Lecturer, ANU School of Legal Practice
1. What is Negotiation? Negotiation is a process. The word itself evolves from a business and commercial setting, evoking notions of trafficking and exchange. The Latin root suggests hard work by combining neg - “not” with otium - “ease, leisure”. Since the 1590s, “negotiation” has carried the meaning, “to communicate in search of agreement”. Negotiation is a relational activity - between people or groups of people, from small business or community entities to nation states. It might last minutes or years. It may or may not yield agreement - often the wisest outcome will be no agreement. 2. Who Negotiates? In one sense, we all negotiate all of the time - even if we might not characterise what we are doing as negotiation. How else do we resolve family or other interpersonal spats and conflicts? How else do we obtain or achieve our needs and wants? Legal, diplomatic, political and commercial spheres are all saturated with negotiation. Rising to the top in any of these spheres requires exceptional proficiency in the art of negotiation. Whatever else they might do, lawyers are specialist negotiators. They are paid professionals representing clients lacking those capabilities. This might occur in the context of dispute resolution, transactional activity or law reform. As a rule of thumb, for every 100 disputes filed in court, about 98 will be resolved before determination by a judge at trial. The vast majority of those 100 disputes are resolved by negotiation between lawyers. 3. Why develop your legal Negotiation skills? Law students are introduced to negotiation at law school to some extent. I would say to an insufficient extent. That said, I am always impressed by the efforts of law students’ societies across Australia to bridge this gap. Student negotiation competitions are often the first point of exposure for law students, especially if their Litigation and Dispute Management course is taken at the back-end of their degree.
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You can improve dramatically from a low base just by competing. This is especially evident amongst students who progress from the ‘novice’ round of competitions through to ‘senior’ competitions the following year. The Australian Law Students’ Association (ALSA) also holds annual competitions, drawing teams from most Australian law schools, as well as from New Zealand, Hong Kong and Singapore. As a recruiter of law graduates, I always gave weight to students who could show in their CV participation in student negotiation and related competitions. Quite apart from basic skill development, this showed initiative towards self-improvement beyond the bare requirements of the law school curriculum. So this is one way, besides course grades, that you can stand out in making the cut for a job interview. Beyond job opportunities, you will develop confidence and conscious awareness of negotiation strategies and tactics. It is empowering to build your proficiency for bringing people together towards reaching agreement. upon. 4. How do we Negotiate for Dispute Resolution? Your competition rules and marking criteria provide the framework for your preparation and performance. A. Preparing In preparing, you should try to crystallise what a satisfactory outcome looks like for your client. Try to reduce this to figures and specific obligations. The question and acronym you might hear from judges is ‘what’s your BATNA’? (Best Alternative To A Negotiated Agreement). This helps to draw the line below which your client is better off walking away from negotiation. You are not there to settle at any cost. If you are acting for a prospective plaintiff, your client’s ‘best alternative’ is often taking the dispute to court and winning. But since the costs and delays of court action cannot be fully recovered, the BATNA will often be something less than the initial demand.
Much of your preparation should be spent examining the facts from the perspective of the other side. That said, it is a common mistake to assume that the other side has no weaknesses, especially since your own client’s weakness will be revealed in gory detail in your ‘confidential facts’. Try to see past the obvious and look to the underlying interests of both sides. The ingredients for resolution reside there. B. Performing In performing, you should think of the negotiation as having a beginning, a middle and an end. There is sometimes confusion as to which side should speak first. As a general rule, the prospective plaintiff should briefly state their claim, allowing for a brief response (e.g. that the claim is denied). An agenda is often used to help frame the ‘middle’ part of the negotiation.
One consequence of the above is that too much time is often consumed without reaching the vital stage of generating creative solutions. So don’t leave that stage too late. The other main mistake is talking too much. You do not win a negotiation by filling the available time with your own words, thereby depriving the other side of any oxygen. The best negotiators listen more than they speak. The best technique for showing this is ‘reflecting back’ - paraphrasing what it is that you have heard the other side say. Finally, how you carry yourself through the negotiation counts for a lot. A professional and courteous disposition and moderate and reasonable tone, combined with a composed and unruffled approach, is what you will observe from the best lawyer-negotiators. Fundamental to law and lawyering is the capacity to disagree politely - even if no resolution is reached at the end of the day.
A common mistake is to get bogged down in contentious detail and attributing blame. It is good to spend some time on what facts can be agreed (beyond the common facts) but this is only so that both teams might reach a common understanding of the parameters of the dispute. Once that is distilled, it is ok to ‘agree to disagree’ on some key points. You will not be able to bludgeon the other side into admitting they were wrong on all counts. That said, it is ok to concede things, especially if they do not go to the heart of your claim.
Emma Rogerson & Zoe Vlahogiannis at this year’s Senior Grand Final
2018 Australian National University Law Students’ Society Competitions Guide
You should anticipate reaching a point in the negotiation where there is an apparently unbridgeable gap. Strive to be creative by adopting the mindset: what can we give away cheaply which is of high value to them? And vice-versa.
Clayton Utz Senior Negotiation Winners, Runner-Ups, judges, Melly, Victoria and Suchara
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A dAY iN the life of… derek, Seasonal Clerk Studied: Bachelor of Business Administration / Bachelor of laws (llB (hons)), Australian National University, Canberra
No single day is ever the same when you are a seasonal clerk! You may find yourself doing a single urgent task for the majority of your day, or a series of small tasks broken up by catch-ups with mentors, client meetings and wellbeing sessions. Below is an example of what you may expect as a clerk at Ashurst: 08:30: When i arrive at my desk, i check my emails and familiarise myself with upcoming tasks for the day. Soon after, i get coffee with my supervising lawyer. this is useful for seeking feedback and mentorship on tasks i have recently completed. 09:15: i attend a morning meeting with my team to discuss the matters that we are working on and our current levels of capacity. After i am allocated some work that i expressed interest getting involved in, i present an expertise item to the team. this highlights a development that is relevant to my team’s practice and fosters discussion about what this will mean for future advice we provide to clients.
12:00: At the hearing, i observe and take notes. Reading the suite of documents before the hearing was useful as it identified the most relevant points of discussion, allowing me to take logical notes. After the hearing, i debrief with the lawyer to completely understand the purpose and implications of the hearing before drafting a report for the client’s file. 15:00: i attend a business development (Bd) team meeting with the other clerks. Bd is the principal way in which commercial law firms develop networks and enrich relationships with clients. the clerks are responsible for drafting an expression of interest (eoi) and presenting a pitch for an upcoming tender that the firm is positioning itself to secure. our work will feed into the Partners’ eoi and pitch that they will use to secure the work.
09:45: i conduct some research on a Pro Bono project which my fellow clerks and i are working on. the clerks are responsible for the entirety of the project. We are currently assisting a community legal centre to prepare a submission to the government regarding law reform with respect to women escaping domestic violence.
16:30: i seek instruction from my Partner and i begin work on a research task that takes me up to the end of the day. i am given a lot of responsibility on the task, but i am always able to collaborate with other lawyers in the team, especially my buddy.
11:30: i receive an email from a lawyer in my team inviting me to come along to a hearing. i read the documents in the client’s file located in our document management system to become familiar with the matter before meeting with the lawyer.
17:15: With the day coming to an end, i conduct a final check of emails, post my time for the day and write a short to-do list for tomorrow. With that finished, i meet some colleagues downstairs for some drinks and snacks to end the day!
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2018 Australian National University Law Students’ Society Compeitions Guide
Ashurst Client Interview Client Interview is extremely important in real life legal practice and the skills acquired from this competition are highly transferable to interviews in any field. When representing a client, it is vital to ensure that you have all the relevant details and build a professional lawyer/client relationship. Acting as solicitors, teams will receive a brief summary of the facts and must aim to extract as much information as possible from the client. This is done by asking relevant and precise questions. This competition requires less preparation and less legal analysis than others, however it requires excellent teamwork skills, oral communication and an ability to think quickly on one’s feet. Teams consist of two students acting as solicitors. A new question/legal brief will be sent to students every week. Following the client interview, competitors must summarise the gathered information, give advice and come to a conclusion. At the end of the interview, there will be a reflection period for the teams and client. Each round lasts 45 minutes per team. What do I need to know before the client interview?
Remember to introduce yourselves to the client at the start of the interview and remind them that at your firm the first consultation is free. Keep your questions clear and concise to ensure that the client does not get confused. Finally, always ask the client about their ideal outcome – your first and foremost responsibility is to act in the best interests of the client. Team size: 2 Time commitment: Low Clients:
Clients are provided by the LSS, however, if you are interested in acting as a client and you’re not a competitor, please email lsscompetitions@anu.edu.au to volunteer!
Meet the Director Sophia Xian Sophia is in her third year of a Law/Arts degree. She’s participated in mooting and negotiations competitions. Though an unpopular opinion, she continues to insist her favourite subject is torts.
What made you get involved in competitions? Sometimes in law school we get so caught up in essays and problem questions that we forget about the practical application of law and practical legal skills. The competitions are one of the best ways to enhance these legal skills and get a taste of what it’s like to practise law. I realised these benefits after participating in mooting in my first year, and ever since, I’ve loved the competitions and wanted to get involved.
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What is your favourite thing about client interview? The array of client scenarios and personalities each round means that teams are able to get a real sense of what client interviews are like in real life. It’s fascinating to see the different approaches each team have to the same client. Tips? Try to get a sense of what your client wants and determine the most relevant legal matters to be dealt with in that particular meeting. Then you can develop a clear structure which is vital for such a short meeting. Finally, make sure your client walks away knowing what their next step should be.
Danica Smith & Crystal Holt Champions, 2018 Ashurst Senior Client Interview Competition Client Interview competitions are a great way to apply everything you are learning in your classes at law school and they are good practice for almost any path you may take in your legal career. The competitions allow you to develop skills in thinking on the spot, communicating within a client-centric context, and teamwork as you are required to solicit all relevant information from your client to allow you to deliver technically accurate advice – all while under significant time pressure! Each team should develop strategies that work best for them but there are some tried-and-true methods that will get you results. Be Conversational The best teams are the ones who are able to build a strong rapport with their client. Almost always, your client is coming to you because they don’t have a strong understanding of the law. This means that you should keep your legal jargon to a minimum and try to hold a casual, albeit professional, and naturally flowing conversation with your client. One of the main purposes of the interview is to build a working relationship with your client and to make them feel comfortable with whatever legal issue they may have. The more comfortable your client feels, the more information they will be willing to give you and the better you will be at providing them with the legal expertise that they need.
Work with your Partner In every team there will be strengths and weaknesses between partners. It is very important to identify these early on so that you can supplement each other’s weaknesses and play to your team’s particular strengths. You should be aiming to share the workload with your partner equally so that you are both contributing towards the interview. The most impressive teams are the ones who are able to bounce ideas off of each other and work seamlessly in anticipation of what the other will say next. For some teams this may come naturally, for others it may require a bit of practice, but the end result is a well-polished presentation that will help you in the long-run. Be Prepared It is impossible to predict what will happen in any client interview. You could encounter anything from clients who are highly knowledgeable and know what they want to achieve from the meeting to clients who have extremely negative perceptions of the law. You should always go into a client interview with some kind of plan in place. Doing research prior to your interview is a way to set yourself apart from others and gives your client (and the judge) the impression that you know what you are talking about. The best teams are those who have built enough flexibility into their plan that they can easily accommodate their particular client’s needs. After all, meeting your client’s needs is what it’s all about!
Meet a Judge
2018 Australian National University Law Students’ Society Competitions Guide
Advice from the Experts
Helen Rodriguez
I am currently a Lecturer with the ANU School of Legal Practice in the Graduate Diploma of Legal Practice. I teach the property component; I also convene the Professional Practice Core and Legal Practice Experience components of our program. I started working in law firms many moons ago in various support roles. I did not start my law degree until I was older and had many years of work experience in law firms; yes, it took me a long time to decide to be “the lawyer” in the room! What are Judges looking for? Judges are looking for a cohesive team and approach to client interviewing. It comes down to your ability to establish rapport with your client so that you can tease out why the client has come to see you and getting those all-important facts. Not all clients are garrulous! You need to be able to identify the legal issue(s) and provide the advice a client needs so that the client can make an informed decision about how to proceed to resolve or deal with the issue they came in to see you about.
What makes Competitors Stand Out? Competitors stand out for many different reasons. Being calm under pressure and unexpected twists and turns is one of them. The ability to fact find while building rapport and not using legalese is another. Managing the client’s expectations is also a factor. Something that is important to me is whether competitors come across as being their genuine selves. How is Client Interview helpful in the Workplace? Meeting with clients, talking to them, obtaining facts and working with them to resolve a legal matter is an essential skill every lawyer needs to have. Every client is different, so you also have to be able to adapt to the person or people in front of you. There is no magic “interview technique.”
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2018 Australian National University Law Students’ Society Compeitions Guide
Client Interview 101 Gabriella Imperial & Samantha Woodforde
Competitors may conduct the interview as they wish. We suggest a standardised format of: 1. Greeting • Meet them at the door, welcome them in and introduce yourselves • Make the client feel at ease 2. Confidentiality • Brief statement confidentiality
outlining
8. Legal Information • Outline the key issues in their case • Offer brief information about the options they may pursue, and what your firm can help them with • If applicable, mention Alternative Dispute Resolution: advise mediation/negotiation as a more timely and cost effective solution to litigation
lawyer-client
3. Conflict of Interest • Make sure client knows you will do a conflict check following the interview 4. Payment • First interview is free 5. Open Questions • Try to gain an understanding as to why the client is there: who, what, where, when, why and how • Make sure you know what the client seeks to get out of the interview 6. Closed Questions • Probe deeper, ask questions about things you are unsure of • Make sure the story is clear: how many drinks had they consumed? Were there any witnesses? Have they sought psychological/ medical advice since?
9. Conclusion • Answer any questions they have • Give them their paperwork: retainer (explain briefly what this is, and that it outlines the fees of $200 an hour), plus any information/contact details about psychologists/doctors/business consultants applicable to their case • Show them out, and tell them to contact you for any further information Don’t stress about remembering everything, or even getting everything right. Novice Competitions are a fun, low pressure way of learning these new skills. Your judges will give you advice following every round, and this is invaluable in building confidence and working out what the best method is for you. Just enjoy it, and follow your gut!
7. Summary • Reiterate facts, clarify what you are unsure of • Make sure there is a clear timeline • Ask if there is anything to add
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Client, Elizabeth Harris’ reflection with the judges at the Senior Grand Finals
Ashurst Senior Client Interview Winners, Runner-Ups and judges
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Witness Examination is a mock criminal trial where each competitor examines their own witness and cross-examines their opponent’s witness, trying to adduce facts that are favourable to their case from examination-in-chief and cross-examination. Problems are either based in tort law or criminal law. The judge assesses a competitor’s ability to adduce and handle evidence and their witnesses. Familiarity with the rules of evidence is recommended. Ethical considerations and rules of evidence must be kept in mind at all times when speaking to a witness before and during the round; if your witness lies, or shows obvious signs of collusion, you may be excluded from the competition. Although an individual competition, witnesses are extremely important in the competition. Competitors will be given a factual scenario one hour before the trial begins, thirty minutes later, they will be able to consult their witness. During this hour, competitors can also think of relevant questions and issues. Each round, competitors are assigned to represent either the Prosecution or the Defence and will last 90 minutes. Team size: 1 + 1 Witness Time commitment: Low Witnesses:
Witnesses are provided by the competitors and need not be ANU law students. However, if competitors have problems providing their own witness, the LSS can provide witnesses upon request. If you are interested in acting as a witness and you’re not a competitor, please email lsscompetitions@ anu.edu.au to volunteer!
Meet the Director
2018 Australian National University Law Students’ Society Competitions Guide
Witness Examination
Kunal Vankadara Kunal is a 4th year Law and Economics student. In his first year he competed in mooting, witness examination and negotiation. His favourite subject is Commonwealth Constitutional Law.
What made you get involved in competitions? I really enjoyed mooting in high school so I thought why not give it a go at university. Competitions are also one of the best ways to see how what you do in the class room will actually be practiced in the real world. If you ask me, everyone should give a competition a go at least once in their degree. What is your favourite thing about Witness Examination? I love witness examination because it is what you will experience as a newly minted advocate straight out of university. It is a large part of any trial or hearing but it isn’t replicated in more mainstream competitions like mooting.
Witness Examination is also really exciting because it requires you to think on your feet and respond to the behaviour of the witness in a short period of time. Tips? The biggest tip I have for anyone wanting to get involved in witness examination is to come to the workshops. The workshops are always run by a knowledgeable academic and student who has been through it all before. The advice they give is always insightful for anyone competing or wanting to compete in witness examination. If you have any friends who have competed in the competition before, have a chat to them as well.
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2018 Australian National University Law Students’ Society Compeitions Guide
Advice from the Expert Cameron Richards Champion, 2018 Senior Witness Examination Competition In your career there will be many times that you may need to look at a witness and work out their strengths and weaknesses and how to take advantage of each. This competition is a fantastic opportunity to develop this skill before commencing at a professional practice. The competition mainly focuses on criminal law but the questions give you the legal framework needed to prove your case, so if you’re like me and you hadn’t studied criminal law, you still have every opportunity to win. In the competition, there are three key aspects to putting together a good case: Case Theory Your ‘case theory’ is what your side believes has occurred. When constructing your case theory, go beyond the text of the submissions and infer people’s motivations and emotions and their effect on their actions. Keep your case theory consistent. This makes the flow of your submissions easy for the judge to follow, however if a witness gives evidence that opens a new possibility, then you should add this to your original case theory for your closing submissions.
Cameron Richards at this year’s Senior Grand Final
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Examination-In-Chief Your role in this section is to get the witness’ statement heard before the court. Ask frequent questions and make them a logical progression from the previous answer. This will make your examination-in-chief seem natural and stop evidence getting lost in a monologue. If there’s something in your witness’ statement that reflects badly on them, it’s better to question them about it yourself and ask the witness to elaborate. This gives them an opportunity to reduce the damage to your case, otherwise the other barrister will pick it up in their crossexamination. Tell your witness that they can go off script to elaborate but not to contradict themselves. Cross-Examination Cross-examination is the hardest part of the competition but there are a few ways to make it easier: • Read over the witness’ submissions and identify inconsistencies or anything that makes them look bad. • Keep the witness to short answers. Ideally ask them leading questions to pressure them into answering either yes or no. • If they say something that raises an inconsistency, point this out and ask them why the evidence has been inconsistent. • Most importantly, keep calm and don’t argue with the witness. If they say something ridiculous or refuse to acknowledge something obvious, move on and raise this in your closing.
Runner-up, Prisca Ocan briefing her witness at this year’s Senior Grand Final
Michael Eburn My name is Michael Eburn and I regularly sit as a judge on these competitions. I have been a full time academic since 1994 but before that I was a solicitor and then barrister and I have remained in parttime practice whilst working first at the University of New England and then at the Australian National University. What are Judges looking for? When sitting as a judge, I’m looking for evidence that the advocates have seriously thought about the case and what evidence that they need – not that they are simply asking questions to get the witness to say everything that is in the statement. Some of the material is irrelevant, some is inadmissible and some isn’t necessary. What is your case and what evidence do you need to support your final submission and are you asking questions to get that evidence? Make sure you have, and understand, your own ‘theory of the case’. What is the theory or explanation that shows why the case you’re presenting provides the best explanation of all the evidence whether called by you or your opponent? What makes Competitors Stand Out? Excelling in examination-in-chief is difficult as the witnesses tend to read the statement regardless of the questions asked. It then makes it hard to say whether or not the questions are well formed or relevant.
Ask your witness to imagine that they are the character – they need to act the part – and then answer the questions you ask. If you can get all the relevant evidence out, that will demonstrate your skills in examination-in-chief. In cross-examination the witnesses don’t have the ‘back story’ so they have difficulty answering questions that go off script but that shouldn’t stop you putting to the witness your client’s version of events and asking questions to get evidence that supports your case or weakens theirs. If they can’t answer a question that a person who had really lived the event could answer, you can use that in your submission. How is Witness Examination helpful in the Workplace? I’m sure the competition is useful both in the workplace and in your studies. Nothing helps focus the mind like having to get on your feet and think quickly and with focus. You are presenting a case – you need to understand the case and the relevant law. When you’re on your feet there’s nowhere to hide so being able to distil the case to its essential legal issues and identify the evidence that supports your case, and deal with the evidence against you is relevant in all areas of legal practice. Doing it here is excellent practice.
2018 Australian National University Law Students’ Society Competitions Guide
Meet a Judge
Witness Examination 101 Many thanks to Kellin Kristofferson who supplied the helpful materials from which this guide was compiled and to Associate Professor Michael Eburn from the ANU School of Legal Practice, for his review.
Opening Statement A good opening statement for Prosecution or Defence begins by reminding the court of who is charged, and with what. Before starting the case, you need to have a theory. Your theory explains all the strengths and weakness of your case and why the version that you expect to present is the best explanation of what happened. It includes a theory as to why the other side’s version should not be preferred. Are the other witnesses that don’t support your case mistaken, influenced by other factors or, least likely of all, liars?
Use your opening statement to introduce your theory. It’s okay to tell a story, but don’t waste time elaborating on moral issues that your evidence cannot substantiate. After you have done this, outline the charge, and break it down into its elements. If you are the Prosecution, state for the court how you intend to prove each of these elements – “Your honour will hear from 1 (or 2 or 3) witnesses. I anticipate that Mr(s) will tell you that ….” Don’t take too long and don’t overstate it. It’s better for a witness to say more than you anticipate than to say ‘they will tell you x and y’ but find that in the trial they only mention ‘x’.
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2018 Australian National University Law Students’ Society Compeitions Guide
If you are the Defence, outline all of the elements, but then also highlight for the court which ones you intend to address. You may want to attack one or more elements of the Prosecution’s case, or may address all elements, focusing more on some than on others. If there is any element you have to concede, state that so that the judge understands your reason for not asking questions about that matter. Examination-In-Chief A sizeable chunk of your marks in Witness Examination come from your examination in chief. This is the time you use to get your witness’ side of the story out into the open. During this time, your opponent may object on the grounds that your questions are leading ones, as this makes your witness’ job easier. There are other grounds of objection in the competition rules. You should think about what evidence is admissible. The issue in the competition is complex. On the one hand, you need to get your witness to repeat the statement as given as that gives your opponent the chance to object and show their (and your) understanding of the relevant law. On the other hand, as counsel, your task is to lead only admissible and relevant evidence. You demonstrate expertise in examination in chief if you ask questions designed to illicit evidence that supports your case. If your witness goes further, the other side may object (see below). You need to be prepared to respond to objections to demonstrate your understanding of the law (or the abridged version of the law in the competition manual). If the answer is objectionable, concede that. You should not knowingly ask an objectionable question so if the objection is to the question, rather than the answer, you should have an idea as to why the court should allow the question in its current form. A) Questioning Tips Keep your questions open-ended during examination in chief. Questions like, ‘What did you do on the date in question?’ are good starting points. If the witness doesn’t manage to produce all of the facts in reply to a question, follow-up questions should be asked. For instance, ‘What did you do after that? Did you meet anybody else? Did the policeman say anything to you?’. Leading questions are not allowed (s37). B) The Rule in Browne v Dunn Browne v Dunn is the only exception to the rule that Witness Examination is to be done exclusively by reference to legislation. It also contains a valuable rule in itself.
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The rule in Browne v Dunn is that a party is barred from making statements that contradict another party’s witness if they have not first put to that witness during cross-examination. This means that, if you are the Defence and second speaker in Witness Examination, you need to think more carefully about statements on which you intend to rely when those statements directly conflict with the Prosecution witness’ statements. If the Crown’s witness says ‘x’ and your witness says ‘y’ you can’t, in closing, ask the court to find that ‘y’ is true if you didn’t ‘put’ to the Crown witness that ‘y’ is true Cross-Examination Cross-examination is your opportunity to question your opponent’s witness immediately after your opponent’s examination in chief. You should use this time to pick out any holes in your opponent’s evidence as led through their witness, draw their witness into semantic traps, and generally make their evidence appear less reliable. You should focus most on attacking the evidence they have led which goes to the points of your own argument. Leading questions are permitted in crossexamination (s42). Only ask questions that are important to your theory of the case. Do not waste time asking questions where you don’t disagree with the what the witness has said or asking them for their own sake. Have a theory as to why they are giving evidence that is not in accord with your instructions. It’s easy to ‘put’ your client’s case to the other side and then accuse them of lying but most people don’t come to court to lie. They may believe their version but why? Did they have a clear view of the scene? Are they filling in gaps in their own perception to create a story that suits them? Is there a particular loyalty to one party – “of course she’d say that, she’s his mother…” etc. Simply accusing the other side of lying isn’t persuasive but it is appropriate if that is your explanation of why the evidence should not be accepted. A) Questioning Tips Watch Irving Younger’s ’10 Commandments of Cross Examination’ https://www.youtube. com/watch?v=dBP2if0l-a8 (or for a shorter 10 minute version, https://www.youtube.com/ watch?v=bGK8g-H5-P8). Cross-examination is the best time to ask closed (yes or no) questions, both because leading questions are allowed, and because this is the best way to trap a witness. By forcing the witness to admit a string of facts, you can pressure the court court to draw a conclusion that favours your own case.
The witness will not normally be pleased with you for doing this, and may attempt to object. You are allowed to talk over the top of them and carry on with your line of questioning. If you remain calm and rational while doing this, the protesting witness may appear less rational. Objections Objections may be raised at any stage during examination in chief and cross-examination. An objection is always raised in relation to a particular question or line of questioning. A lawyer making an objection must stand up and say, ‘Objection!’ They will then be prompted or given the opportunity by the judge to explain the grounds of their objection. This should be done as briefly as possible. 1. Relevance Evidence must be relevant. It is relevant if it could rationally affect the assessment of a fact in issue – s 55(1). Evidence is not irrelevant just because it goes to credibility, inadmissibility of other evidence or a failure to adduce evidence – s 55(2). In criminal proceedings, evidence is inadmissible if its probative value is outweighed by the danger of undue prejudice to the defendant – s 137. The court has a general discretion to exclude or limit the use of evidence if its probative value is substantially outweighed by its being unfairly prejudicial, misleading or confusing or wasteful of time – ss 135 and 136.
3. Opinion Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed (s 76). Exceptions for other relevance (s 77), lay opinion (s 78), expert opinion (s 78) and character of and expert opinion about accused persons (ss 110 and 111). An expert must establish their special knowledge based on training, study or experience (s 79(1)). 4. Improper Questions Misleading or confusing, unduly annoying or harassing, unduly belittling tone, racist, sexist and stereotypical questions are inadmissible and must be disallowed. Court to take into account age, gender, disability, etc. (s 41). 5. Tendency and Coincidence Evidence of general tendency is inadmissible unless the party adducing has given notice and the court is convinced of probative value (s 97). Evidence that two or more events occurred is not admissible to prove that a person did a particular act or had a certain state of mind unless reasonable notice is given and the court is convinced of probative value (s 98). Tendency and coincidence evidence in a criminal case must have probative value substantively outweighing its effect on defendant, but this does not apply to prosecution evidence adduced to explain or contradict tendency evidence of defendant – s 101 Closing Statement A good closing statement will draw together the evidence you collected in examination in chief and cross-examination, and then apply that evidence to the elements of the offence or tort. You should relate everything back to your case theory in order to make your arguments clear in the judge’s mind and persuade the judge that your explanation of all the material is to be preferred.
2018 Australian National University Law Students’ Society Competitions Guide
Don’t be afraid to be more aggressive in crossexamination. You are permitted to adopt any level of strictness that does not amount to undue harassment. This is a very high threshold. When asking a closed question, if the witness attempts to explain their answer, you can cut them off. Reiterating the fact that you only want a yes or a no is a good way of doing this. Thank the witness for their information, and then move on before they can protest.
2. Hearsay Hearsay is evidence of a previous representation of a person asserting a fact which can reasonably be supposed to have been intended by its maker, adduced to prove the stated fact. It is generally not admissible – s 59(1) Exceptions: When used for other purpose (Subramaniam v Public Prosecutor), for nonhearsay purpose (s 60), competency (s 61), firsthand hearsay [first-hand hearsay in civil trial (ss 63 and 64), first-hand hearsay in criminal trial (ss 65 and 66), contemporaneous statements about a person’s health, etc. (s 66A), notice of hearsay evidence (s 67), objection to tender in civil proceedings (s 68)], business records (s 69), contents of labels and tags (s 70), electronic communications (s 71), Indigenous laws and customs (s 72), reputation as to relationships and age (s 73), interlocutory proceedings (s 75), unfair prejudice (s135-139)
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GRADUATE CAREERS IN LAW Join our outstanding graduate program with a law degree and potential to succeed, and experience real responsibility, a flexible career path and an innovative, collaborative environment to help you thrive. Join us as a Herbert Smith Freehills graduate with your degree behind you, but a world of opportunity in front of you. Don't just experience it, be a part of everything. SEARCH HSF GRADUATES AUSTRALIA FOR MORE
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BE A PART OF EVERYTHING Join us as a Herbert Smith Freehills Vacation Clerk and you’ll do more than just experience life at a leading law firm, you’ll be a part of everything we have to offer.
Everything about us
With 27 offices around the world, we can show you exactly what a world class law firm has to offer, giving you the chance to work as part of an international team, on high-profile matters, for some of the most significant organisations in the market. Our focus is on the future: the future needs of existing and new clients, the future of the legal profession and investing in our future lawyers. That’s why we aim to attract the best talent from a broad range of backgrounds, ensuring we are optimising our position as a progressive, forward thinking professional services business. At Herbert Smith Freehills, you’ll be given the opportunity to develop the skills you need to help solve our clients’ most complex challenges in thoughtful and innovative ways.
What we look for
We recruit people with the desire and ability to be exceptional, commercial lawyers. This means that we look for more than just a great academic record and strong technical aptitude. We seek people who are curious, empathetic and understand the importance of building relationships with clients and colleagues. We also look for an international mind-set and a desire to work within our global network, not just one office. Complex cross-border deals. A market-leading Disputes division. Worldwide reach. If you’re ready to be a part of it all, we’re looking forward to hearing from you.
HERBERTSMITHFREEHILLS.COM
Clerkship program
There’s nothing more important than finding a role and an organisation that’s right for you and there’s no better way to really get to know our profession than gaining practical, hands-on experience. Our vacation clerkships will immerse you in our business, networks and the international world of law. We encourage students to participate in our vacation clerkship program and we fill the majority of our graduate positions through this program. As a vacation clerk, you will be given extensive training on all aspects of the firm, drafting and research skills. Current lawyers and partners will speak to you about what they do and the nature of work in each part of the firm. You’ll attend workshops and presentations that will give you an insight into the depth and breadth of our practice areas and international reach. You’ll be invited to a range of events giving you the opportunity to network with partners, associates and graduates, as well as with your fellow vacation clerks.
Joining us
We offer a range of summer and winter clerkships across our Australian offices. If you have queries about graduate or vacation clerk positions, please visit our website: careers.herbertsmithfreehills.com/au/grads/ vacation-clerkships or contact one of our graduate recruitment team.
Key dates and deadlines SYDNEY Approximate number of positions
25-30
Clerkship programs
summer
Applications for all 2018/19 programs open
18 June 2018
Applications for all 2018/19 programs close
15 July 2018
Offers made
26 September 2018
Please note: An application should only be submitted to the office where you intend to start your career as a graduate. Multiple applications will not be considered.
Our global practice groups • Alternative Legal Services (ALT) • Competition, Regulation and Trade • Corporate • Dispute Resolution • Employment, Industrial Relations and Safety • Finance • Projects and Infrastructure • Real Estate
Contacts James Keane Graduate Recruitment Consultant T +61 2 9322 4313 james.keane@hsf.com
© Herbert Smith Freehills 2018 NOF176854_v6_advertorial_A4_Sydney /160318
2018 Australian National University Law Students’ Society Compeitions Guide
External Competitions External Competitions allow students to travel, socialise, and compete with like-minded peers from other universities whilst being judged by high-profile industry experts. They are a great way to meet people from different universities who share the same interests and passion in competitions and are also extremely rewarding for competitors to learn and be exposed to different competitor and judging styles. As a result, the ANU Law Students’ Society encourages student participation in external competitions. In semester two of 2018, the LSS will be supporting student teams in the following competitions: AAT Moot The Administrative Appeals Tribunal (AAT) Moot is a national competition comprising five rounds at the state or territory level, and then one round at the national level. It focuses on merits review, so it is aimed at those who have completed and enjoyed Administrative Law. It takes place at the ACT Administrative Appeals Tribunal, and the first round is on 31 July. Animal Law Moot The Australia New Zealand Intervarsity Moot on Animal Law will take place at Griffith University on 22-23 September this year. This competition is hosted by the Animal Law Institute. As it is the only moot which focuses on animal law in Australia or New Zealand, it is great for students who are passionate about this subject area. Castan Centre Human Rights Moot The Castan Centre Human Rights Moot is the only moot which focuses on human rights law in Australia, allowing interested students to hone their knowledge of human rights law. It is based on the Victorian Charter of Human Rights and Responsibilities Act 2006. It will take place at Monash University. The preliminary rounds are on 25 September. Baker McKenzie National Women’s Moot The Baker McKenzie National Women’s Moot is an intervarsity competition for women law students which was established in 2011 by the Sydney University Law Society alongside the NSW Young Lawyers Special Committee of Law Students’ Societies. It came about to address equity issues for women at the bar. In order to compete in this moot, you must identify as a woman. This year the moot will take place from 24-27 September. The moots will be held at the Sydney University Camperdown Campus. Sir Harry Gibbs Constitutional Law Moot The Sir Harry Gibbs Constitutional Law Moot is hosted by Melbourne University Law Students’ Society in conjunction with the Australian Association of Constitutional Law and the Australian Government Solicitor. This moot attracts the country’s best constitutional mooters. The moot comprises a four round robin structure followed by three knock out rounds. There will be a $1,500 prize for the winning team, and a $500 prize for the second placed team. All the rounds will be on 22-24 September and will take place at Melbourne Law School and the grand final will be held at the High Court in Melbourne. The Annual Michael Kirby Contract Law Moot The Annual Michael Kirby Contract Law Moot Competition is hosted by Victoria Law School in the College of Law and Justice at Victoria University. The competition has been running since 2011 and takes place at Victoria University from 24-27 September. UTS LSS LexisNexis Legal Technology Moot The UTS LSS LexisNexis Legal Technology Moot is held by the University of Technology Sydney Law Students’ Society. The dates are to be confirmed, but it has been advised that it will take place on the weekend of 15 September. The moot focuses on legal technology. Legal technology is an ever-evolving and exciting field of law and competitors will engage with established principles of law and the inherent uncertainty within the modern technological landscape. The moot will take place at the University of Technology Sydney.
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Prisca Ochan Prisca is in her third year of a Law and Political Science degree here at the ANU. She has competed in mooting, negotiation and witness examination. This year, Prisca was runner-up in the Senior Witness Examination competition. Prisca has also competed in the AAT (Administrative Appeals Tribunal Moot) and the DPP (Director of Public Prosecutions) Plate Mock Trial Competition. As External Competitions Director, Prisca facilitates the ANU LSS’ involvement in selected intervarsity legal competitions. She advertises the competitions, develops the application forms and helps in selecting teams that will represent ANU at these competitions. Her favourite subjects are Legal Theory and Criminal Law.
What made you get involved in competitions? My mooting journey began in year 11 when I competed in the QUT High School Mooting Competition as Senior Counsel and made it to the semi-finals of that competition. Ever since, I’ve been an avid mooter. I’ve always loved public speaking and advocacy (or maybe I just really like the sound of my own voice!) so I decided to continue to be involved in competitions because I wanted to engage in activities that would enable me to do public speaking and oral advocacy. Additionally, my ultimate goal is to be a barrister, so I think that now is as good a time as ever to hone my advocacy and public speaking skills. Also, for me anyway, I think that legal competitions are a lot of fun!
What is your favourite thing about client interview? My favourite thing about external competitions is the fact that you get to meet and network with law students from other universities across the country, industry experts and legal practitioners. For example, at the DPP Plate Mock Trial, we presented our arguments in front of His Honour, Justice Mossop! I also think that having an external competition on your CV looks so good! Tips? 1. Build up experience and confidence in participating in competitions by taking part in internal competitions at both novice and senior levels. 2. Apply! Even if you don’t think you’re good enough, just go for it! 3. Read and familiarise yourself with the External Competitions Policy.
Student Testimonials
2018 Australian National University Law Students’ Society Competitions Guide
Meet the Director
External Competitions
Administrative Appeals Tribunal (AAT) Moot Ashish Nagesh I decided to try something new and apply to do the Administrative Appeals Tribunal Moot. I had not studied the subject, but merits review was an interest of mine. Having done internal competitions already (junior and senior mooting), I decided to broaden my scope and participate in competitions outside of university. By doing so, I was able to compete with other university students and be exposed to a mooting environment outside my comfort zone.
However, with consultation and practise moots, we were able to produce a sound written submission and had a solid understanding of the relevant law by the end of our journey. The competition led me to obtain a job working at the Tribunal, where I experience firsthand that which I had learnt. I would highly recommend external competitions to everyone and my experience of and friendships formed through the competition are still with me today.
I can’t wait to try out other external competitions the Law Society has to offer. My experience in the AAT moot involved talking to well-known names in Administrative Law such as Leighton McDonald and Daniel Stewart. I had the opportunity to meet Member James Popple and Deputy President Gary Humphries. The competition involved weeks of preparation and getting our head around a topic the team was largely unfamiliar with.
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2018 Australian National University Law Students’ Society Compeitions Guide
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Baker McKenzie National Women’s Moot - Janice See My decision to apply for an external mooting competition was primarily motivated by a need to challenge myself beyond the classroom, as well as to gain exposure in aspects of litigation practice. Having only participated in ANU internal competitions, I decided to apply for the 2017 Baker McKenzie National Women’s Moot as it focused on an area of law with which I was familiar and I found the Moot’s aim of increasing accessibility for women in the legal profession encouraging.
The Annual Michael Kirby Contract Law Moot - Laksshini Sundaramoorthy I applied for an external mooting competition as it provided an opportunity to hone my practical legal skills. The Kirby Contracts moot was particularly appealing as it was the largest moot court competition in Australia. Furthermore, having thoroughly enjoyed Contract Law, I was convinced that this was the moot for me!
Being my first external mooting competition, the experience was eye-opening. Having the opportunity to compete alongside talented individuals from across Australia not only allowed me to witness a variety of mooting styles, I was also able to hone my advocacy and public speaking skills through each competition round. The experience has increased my confidence in mooting and has since spurred me to embark on subsequent mooting competitions.
The experience was beneficial as it required me to ‘think beyond the textbook.’ In our moot for example, we were asked to apply standard contract law in the framework of smart contracts, an evolving technological phenomenon. In this respect, the moot showcased how theory could operationalise in different and unfamiliar contexts.
Great change is here.
Are you ready? At Allens, we’re focused on advancing our industry through equipping our people with the skills and experience they need to be the lawyers of the future. We’re ready to define tomorrow. Are you? With us, you’ll be more than a lawyer. Our people are technical experts, but they’re also trusted business advisers who think bigger, more broadly and more strategically. Together, we solve complex legal challenges, and collaborate across practice areas and disciplines to guide our clients. We work across borders too, thanks to our alliance with Linklaters. This strategic partnership opens up worlds of opportunity for our business and our people, including rotations in Linklaters London, Hong Kong and Singapore for our graduate lawyers. In a rapidly changing world, we seek opportunities to innovate, embracing creative thinking, new approaches and emerging technology. And we don’t just use them to benefit ourselves and our clients. We believe strongly in driving positive change to do right by our community too. Our teams are open, inclusive and encouraging, giving you the chance to learn and grow, but your development will be down to you. You’ll have the flexibility to drive your career, and we’ll recognise your achievements and hard work as you progress through the firm. Are you ready to begin?
Clerkship program
Will you make great change happen?
A clerkship with Allens is the first step in a rewarding legal career. The program will give you invaluable insight into our work and culture. With support from a buddy and development supervisor, you’ll work on real matters for real clients and be involved in projects.
> Programs run from three to ten weeks
Graduate program
> Ongoing support and buddy system
Clerkship > Available at our Brisbane, Melbourne, Perth and Sydney offices
Comprising two 12-month placements in different practices, our graduate program offers exposure to stimulating legal challenges. In each rotation, you’ll gain a depth of experience that comes from seeing matters through. However, at Allens we don’t work in silos so you won’t be limited to working with one partner or by your practice areas. Working with different teams and leading organisations, you’ll grow a solid skills base and develop the agility needed to thrive in our ever-changing world.
> Exposure to one or two practice groups
Early careers at Allens provide highly tailored training through the Allens Academy. Developed in partnership with the Australian National University, our Graduate Diploma in Legal Practice will help you transition from law graduate to legal expert and trusted business adviser.
> A 12-month legal seminar series (Cornerstone Program)
Allens is an independent partnership operating in alliance with Linklaters LLP.
Graduate program > Two 12-month rotations in your areas of interest > Secondment options in London or Asia via our alliance with Linklaters > Ongoing supervision, coaching and mentoring > Graduate Diploma in Legal Practice (via Allens Academy)
Find out more at allens.com.au/yourcareer 16774D
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Graduates who join MinterEllison have the opportunity to change the game when it comes to their future and career. graduates.minterellison.com MinterEllison minterellisongraduates minterellison
Key Dates Applications open 18 June 2018 Applications close 15 July 2018 Offers made 26 September 2018
Lines of Business 1. Capital Markets & Corporate 2. Risk, Regulatory, Insurance & Controversy 3. Infrastructure, Construction & Property 4. Consulting Solutions
Clerkship launch program For details on our clerkship dates and durations: graduates.minterellison.com
You should consider a career at MinterEllison if: Your passion for excellence leads you
to winning solutions Building relationships excites you – you see yourself partnering with clients to truly understand their needs You’re looking for a firm with a clear strategy You want to feel empowered and be part of a high performing team Collaboration and inclusiveness are principles you value You’re a game changer – you think outside the box and embrace new ideas
About the MinterEllison clerkship launch program
What makes MinterEllison a Game Changer?
The MinterEllison clerkship launch program is critical to our firm for three reasons. First, the market has changed, companies don’t recognise borders the same way they used to, neither should your career. Secondly we know that graduates entering the job market today have unique career expectations – and we have listened. Lastly the future of legal practice is moving very quickly and we need to be agile to ensure we continue grow as a firm and that our talented people are able to future proof their career.
At MinterEllison our aspiration is to be our clients’ best partner. Last year, MinterEllison introduced a new internal structure whereby the firm operates under four Lines of Business. This unique and market facing structure provides opportunity for greater collaboration across the firm and ensures that we are able to seamlessly service clients with our solutions-based approach.
Prior to the launch program we will work closely with you to identify areas of the law that you are passionate about. Throughout the launch program we will ensure you gain experience in practice areas, within our Lines of Business, that match your interests and that fit with your career goals. Successful candidates get the opportunity for real life work experience, a supervising partner, career mentor, and a buddy. Our launch program is filled with challenging and exciting work, support and mentorship, as well as professional and personal growth – all the while having the opportunity to develop new networks and friendships. Candidates who complete a launch program often take on the opportunity to continue with MinterEllison in a flexible role throughout their final year of study. Following the launch program, MinterEllison graduates are able to fast-track their full time career in a Line of Business that aligns with their career objectives. MinterEllison’s agile program also provides the flexibility for graduates to move between practice areas and Lines of Business while they are looking for the area of law that they wish to pursue.
This operating model also encourages a broad career path for our people, with increased opportunities to work across multiple practice areas our lawyers have the opportunity to develop a breadth of skills that will future proof their career. MinterEllison lives and breathes the mantra of Innovate, Collaborate, and Inspire; we think beyond the law and apply a commercial approach and creative thinking to some of the region’s most high-profile transactions, projects and disputes.
Your contact Gill Morphett gill.morphett@minterellison.com Level 3, 25 National Circuit Forrest Canberra 2603
2018 Australian National University Law Students’ Society Compeitions Guide
Australian Law Students’ Association (ALSA) Conference The Australian Law Students’ Association (ALSA) is a national not-for-profit association comprising many Law Students’ Societies and Law Students’ Associations. Every year, the ALSA Conference consists of a week of competitions, educational events, council meetings and social events. Winners of the senior internal mooting, negotiation, client interview and witness examination competitions (held in semester one) represent ANU at the Conference every year. It is an extremely rewarding experience as teams compete against universities from around Australia, New Zealand and the Pacific. In 2017, the ANU Client Interview team successfully made the quarterfinals of the competition. This year, our Championship mooting team broke into the quarterfinals as well. Participating in Novice Competitions gives you the relevant skills and experience to compete in the Senior Internal Competitions which puts you in the running to become an ANU ALSA competitor and representative.
ANU ALSA Team 2018
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ALSA
Damon Taylor ANU Negotiation Representative at ALSA 2018 In July of 2018, around 60 law students from Australia, New Zealand and Singapore converged on Adelaide’s three universities for the annual ALSA competitions. Sarah Monkhouse and I were there, among other reasons, to negotiate. The practice of competitive negotiation seems a little counterintuitive: good practice in the real world is to ensure that a mutually beneficial agreement is reached. After all, people don’t bargain in a vacuum and as lawyers it’s easy to lose sight of the fact that people aren’t instinctively adversarial. Negotiations, then, is not a test of how thoroughly you can mislead the opposition. Rather it is a test of your emotional intelligence. To perform well, you must be able to identify what really motivates the opposing team’s clients – to answer the question, ‘what do they really want?’ Likewise, you should be able to precisely articulate what it is your clients really wants; where they can be encouraged to compromise and where a position is absolute. Attention to detail, clarity of expression, and capacity to think creatively are all examined in the course of a negotiation. I hope it goes without saying how valuable these skills are to your future as lawyers.
Attempt every style of competition you feel you can, as early as you can, with as much zeal as you can muster. There’s nothing quite as important as taking all that theory and finding excuses to put it into practice. Madhav Fisher Champion, 2017 King & Wood Mallesons Senior Mooting Competition ANU Championship Mooting Representative at ALSA 2017 Ambrose Bierce championed the devil’s viewpoint in language and I like to champion Ambrose’s viewpoint. So when asked to write about ANU Senior Mooting, I thought I would turn to the Devil’s Dictionary before providing advice. “Advice, n. The smallest current coin.” Emboldened, I proceed. Why did I apply for Senior Mooting? There are a number of benefits to mooting. I was convinced to sign up to the ANU Senior Moot, and the competitions have subsequently helped me at work and at university.
To that end, representing the ANU at ALSA was a crash course in working a room. Events were often organised around opportunities to socialise and interact with other law students from across the region. The opportunity to interact with students from different cities – let alone different countries and cultures – is wrought with material benefit. I recall fondly sharing a drink with the negotiators from Griffith University on the balcony of our accommodation. It was an opportunity to exchange views about the present, the future, and what life might be like as a practicing lawyer.
First, the practical skills mooting builds; the process of researching, problem solving and speaking – these are helpful in whatever career you undertake.
The chance to escape the all-consuming Canberra bubble, surrounded by like-minded students, is perhaps the ultimate benefit of the Conference.
Fourth, if you enjoy the law, mooting provides you with an opportunity to pursue it.
Without wishing to over-egg the socials, let me emphasise the other material benefits I received. Firstly, negotiating at the ALSA level means putting everything I’ve learned so far into practice – from BATNAS to WATNAS to without prejudice except as to costs. Secondly, success turned on our capacity to think creatively and articulate that creative vision. Finally, Sarah and I were pushed into a kind of teamwork I’ve never really exercised before whereby we needed to formulate a shared vision and strategy during the negotiation itself. These are all benefits and skills that I can bring to the table – literally and figuratively – when practicing as a lawyer. Should you be on the fence about entering a competition at the novice level, I can wholeheartedly recommend starting the journey as early as possible.
Second, the connections you make. Networking is certainly a benefit, but the friends you make through mooting are more important.
2018 Australian National University Law Students’ Society Competitions Guide
Student Testimonials
Third, the process of mooting; research, writing submissions and mooting are similar to being a barrister, albeit without the pay.
Senior Mooting and the ALSA Championship Moot Competition Mooting competitions follow a standardised structure. You are given a problem and a period in which you must write two sets of submissions. Once the competition begins you spend your time making your presentations, revising and rewriting. However, this mechanical process takes little time, the majority of your time is spent socialising. You spend time with teammates at their houses, ostensibly talking about the problem, but in reality just enjoying yourselves. During the competition, most of your time is spent meeting and getting to know competitors.
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WHO WE ARE Jones Day is a global powerhouse, with 43 offices and more than 2500 lawyers. The largest law firm in the United States and included among the 10 largest internationally, Jones Day is recognised as one of the world’s most elite law firms, ranking first in the US Law Firm Brand Index 2017 and holding approximately half of the Fortune 500, the Fortune Global 500 and the FT Global 500 as clients.
HOW WE’RE DIFFERENT What separates Jones Day from our competitors is our commitment to client service. This commitment, along with the Firm’s distinctive structure, ensures that lawyers work together collaboratively across offices and jurisdictions to gain the best outcome for the client. Teamwork, respect for and from colleagues, and shared credit are essential and form the Firm’s core values. Every facet of the Firm is structured to promote an environment that’s client-focused and team-oriented.
TRAINING AT JONES DAY Jones Day provides a non-rotational system. You will work with any partner or team across all departments throughout your home office and often assist partners and practice areas across our other Australian offices. Following your first 18–24 months gaining broad legal experience, you will be offered the opportunity to place with a practice of interest. Visit Jones Day’s website to identify the practice areas offered in each office.
You will: •
See deals and matters from beginning to end.
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Experience a range of practice areas.
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Receive more rounded and hands-on training, assisting with all aspects of a matter or transaction.
•
Learn different styles and techniques from a range of partners and associates.
You won’t: •
Worry about the lottery of practice allocations.
•
‘Belong’ to one partner.
•
Drop an interesting case to move to another practice.
We provide full payment of PLT studies and support our lawyers with study leave. Our law graduates undertake a comprehensive learning and development program designed specifically to meet the needs of new lawyers.
THE WASHINGTON NEW LAWYERS ACADEMY Every new law graduate attends the Washington New Lawyers Academy during his or her first year. The New Lawyers Academy offers both training and an opportunity to forge relationships with other new lawyers across the Firm’s global network.
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COUNTRIES
O F FI C E S
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ICES
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AUSTRALIAN OFFICE PRACTICE AREAS
Global Disputes • M&A • Private Equity Antitrust & Competition Law • Intellectual Property Energy • Environment • Labour & Employment Business Restructuring & Reorganisation Banking, Finance & Securities
#1 GLOBALLY FOR M&A
We have been ranked #1 globally for number of deals in the Thomson Reuters and Bloomberg M&A league tables for every single calendar quarter since year-end 2000.
WHITE & CASE LLP (241) SKADDEN ARPS SLATE MEAGHER & FLOM LLP (269) BAKER & McKENZIE LLP (270) CLIFFORD CHANCE LLP (276) HOGAN LOVELLS US LLP (278) ALLEN & OVERY LLP (285) DLA PIPER LLP (406) LATHAM & WATKINS LLP (415) KIRKLAND & ELLIS LLP (465) JONES DAY (570)
#1
IN M&A BY NUMBER OF DEALS IN BLOOMBERG GLOBAL TABLES SINCE 2000
BLOOMBERG — GLOBAL
YEAR-END 2017 BASED ON NUMBER OF DEALS
WE ARE GROWING
Jones Day’s presence in Australia has doubled in size over the last three years, and we are committed to further growth within the Australian market. We continue to attract the industry’s most highly regarded and sought-after partners, whilst maintaining our focus on driving internal talent up through the ranks to partnership.
‘COLLABORATIVE, NOT COMPETITIVE’ CULTURE
Our One Firm Worldwide structure fosters teamwork and discourages competition among offices and lawyers.
Working at Jones Day Sarah Loewy – 2017 Graduate Since starting as a graduate six months ago, I have been really fortunate to work on a large litigation matter with a close-knit team of lawyers. My day generally consists of assisting the team with a variety of tasks, including conducting discovery, assisting in the preparation of witness interviews and affidavits, undertaking legal research, preparing materials for court hearings, and attending team meetings to discuss the progress of the matter. I take time out during the day to have lunch with colleagues in our break room overlooking Sydney Harbour, go to the gym with colleagues, or attend one of our regular New Lawyers Group training sessions. Each day presents new challenges and opportunities to learn, so I always feel engaged. In addition to local training, Jones Day sends all graduates to Washington, D.C., for the New Lawyers Academy to support us in our development and encourage us in building relationships with international partners and our global cohort.
Paddy Clark – 2017 Summer Clerk My clerkship with Jones Day provided me with an incredible opportunity to experience real life inside a global law firm with a rapidly growing presence in Australia. A typical day during my clerkship involved completing legal research, drafting documents, attending meetings with clients and counsel, and accompanying lawyers to court. The lawyers I worked alongside always explained the broader context of the task I was doing, which made the work significantly more interesting for me and confirmed that I was making a meaningful contribution during my time with the Firm. The size of Jones Day’s Sydney Office has provided me with the very best of both worlds: great one-on-one experience with both senior lawyers and partners, plus work on nationally and internationally significant matters, thanks to the standing of the Firm globally. The other clerks and I formed a closeknit group and often shared lunches and drinks together after work, as well as being involved in the many social events included in Jones Day’s Clerkship Program.
FOR FURTHER INFORMATION, PLEASE CONTACT SydneyRecruiting@jonesday.com
Your journey begins with a world-class summer clerkship
Real client work. Invaluable coaching. A tailored development program. A genuine insight into working with our Firm – while building great friendships. Plus, we offer the unique opportunity to build your global knowlege and network – through an International Clerkship. Become a world-class lawyer. Join the firm that was born global.
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Ready to explore our world? Angelique Wanner +61 2 8922 5596 angelique.wanner@bakermckenzie.com
Workshops for Mooting, Negotiation, Client Interview and Witness Examination will be held in Week 3 of Semester 2. The events will be posted on our Facebook page. These workshops are a great opportunity to hear more from experienced competitors and judges.
2018 Australian National University Law Students’ Society Competitions Guide
Workshop Notes
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44 2018 Australian National University Law Students’ Society Compeitions Guide
Acknowledgements Premier Sponsors
Major Sponsors
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