ANU LSS Competitions Guide 2020 by ANU Law Students' Society

COMPETITIONS GUIDE 2020

THE AUSTRALIAN NATIONAL UNIVERSITY LAW STUDENTS' SOCIETY

SEMESTER 2 TIMETABLE WEEK 2 WEEK 3 WEEK 4-6 WEEK 8 WEEK 10

NOVICE COMPETITION SIGNUPS OPEN WORKSHOPS PRELIMINARY ROUNDS SEMI FINALS GRAND FINAL

02 04

MOOTING NEGOTIATIONS CLIENT INTERVIEW WITNESS EXAMINATION

EDITORâ&#x20AC;&#x2122;S NOTE THE COMPETITIONS PORTFOLIO

05 06 07 09 12 15

MOOTING

NEGOTIATION MONDAY TUESDAY WEDNESDAY FRIDAY

CONTENTS

CLIENT INTERVIEW

WITNESS EXAMINATION

EXTERNAL COMPETITIONS

FIRM SPONSORS

16 17 19 20 22

WHAT IS MOOTING? MEET THE DIRECTOR: MEL HOPMAN ADVICE FROM THE EXPERTS MEET A JUDGE: LAKSSHINI SUNDARAMOORTHY MOOTING 101 SAMPLE WRITTEN SUBMISSIONS

WHAT ARE NEGOTIATIONS? MEET THE DIRECTOR: SASHA DANIEL ADVICE FROM THE EXPERTS MEET A JUDGE: ALICE SCAMPS-GOODMAN NEGOTIATION 101: THE SECRET TO COMING SECOND

25 26 28 30 32

WHAT IS CLIENT INTERVIEW? MEET THE DIRECTOR: JESSICA THOO ADVICE FROM THE EXPERTS MEET A JUDGE: CRAIG COLLINS CLIENT INTERVIEW 101

34 35 37 39 41

WHAT IS WITNESS EXAMINATION? MEET THE DIRECTOR: SARA WARNER ADVICE FROM THE EXPERTS MEET A JUDGE: PRISCA OCHAN WITNESS EXAMINATION 101 44 REFLECTIONS OF A WITNESS

46 MEET THE DIRECTOR: OLIVIA CALLAGHAN 47 OPPORTUNITIES 49 ALSA CONFERENCE 53 PREMIER SPONSORS 53 CLAYTON UTZ 55 HERBERT SMITH FREEHILLS 57 KING & WOOD MALLESONS ASHURST 59 61 MAJOR SPONSORS 61 COLLEGE OF LAW 62 CORRS CHAMBERS WESTGARTH 63 GILBERT + TOBIN 64 JONES DAY 65 LEO CUSSEN 66 MINTER ELLISON

FROM THE EDITOR

PRESENTING... Welcome to the 2020 Competitions Guide – your one-stop shop to all things competitions at ANU! Whether you’re a seasoned competitions veteran or a curious impressionable young mind just starting out – you have come to the right place!

Before I proceed further, I would like to thank everyone who has been involved in contributing to the Competitions Guide this year. We simply would not have been able to provide the breadth and depth of information for you to move into the fascinating world of legal competitions without everyone’s valued contribution. Legal competitions offer a unique opportunity for law students to hone their legal skills beyond the lecture theatre and tutorial rooms. Competitors are able to enhance oral communication and teamwork capabilities alongside a range of other soft-skills fundamental to pursuing a legal career. Notwithstanding the incredible value which competitions add to a law students’ degree and skillset, for many students it is a memorable experience which enriches and complements the courses studied at a theoretical level to be applied in a practical competition setting. Competitions are also a forum to meet other like-minded law students as well as a way to meet professionals in the field who give up their time to judge in our competitions.

THE 2020 ANU LSS COMPETITIONS GUIDE Novice and Senior levels, with the former tailored to students who have no prior experience in a particular competition before. Senior Competitions are held in semester one and Novice Competitions in semester two. Don’t forget to always keep an eye out on our LSS Facebook page for updates on new opportunities and ways you can get involved in competitions.

Finally, I would like to thank the Competitions Team: Mel Hopman, Sasha Daniel, Jessica Thoo, Sara Warner and Liv Callaghan. Their commitment every week, especially in transitioning to online competitions during the COVID-19 period, has been crucial in ensuring our competitions continue to run like clockwork. I also extend my thanks to the judges who generously volunteer their time to judge and support competitors, as well as Naushaan Ahmad for her invaluable assistance in creating this Guide. Please do not hesitate to contact me should you have any questions, queries or concerns relating to competitions at: lsscompetitions@anu.edu.au. I wish you all the best in your competition endeavours – and remember, when in doubt, give it a crack!

If these small glimpses into the world of legal competitions isn’t tempting enough, many of our fellow students who excel in competitions get to represent ANU by travelling nationally or internationally to compete – for example, in the national ALSA rounds or the HSFNLU Negotiations Competition held in New Delhi. I know at this point the dizzying array of opportunities on offer can be overwhelming but rest assured that the Competitions Guide will provide you with all the ins and outs of navigating and excelling in these competitions. Our internal competitions consist of: mooting, negotiations, client interview and witness examination. We offer both

TIGER LIN | VICE PRESIDENT (COMPETITIONS) ANU LAW STUDENTS’ SOCIETY

Tiger Lin is currently a fourth year Law/PPE student. He has been fortunate to have had a wide range of competitions experience, with highlights including winning the DPP Plate Mock Trial and finishing runner-up in the Senior Witness Examination competition last year. Please contact Tiger if you wish to apply to read the raw, uncensored version of this Note, which recent controversies have rendered unpublishable. Tiger also does not wear glasses.

THE COMPETITIONS PORTFOLIO WHO ARE WE?

The competitions portfolio is the largest (YES!) team in the LSS consisting of: one Vice-President (Competitions), four Competitions Directors and one External Competitions Director. If you have any general inquiries about competitions, please direct them to the Vice-President (Competitions). Once you are involved in a specific competition, any questions or concerns arising in that competition is best directed to the relevant director. Our contact details can be found below: VICE PRESIDENT (COMPETITIONS)

TIGER LIN

lsscompetitions@anu.edu.au

MOOTING DIRECTOR

MELANIE HOPMAN

u6402871@anu.edu.au

NEGOTIATIONS DIRECTOR

SASHA DANIEL

u6957423@anu.edu.au

CLIENT INTERVIEWS DIRECTOR

JESSICA THOO

u6077248@anu.edu.au

WITNESS EXAMINATION DIRECTOR

SARA WARNER

u6671150@anu.edu.au

EXTERNAL COMPETITIONS DIRECTOR

OLIVIA CALLAGHAN

lssexternalcompetitions@anu.edu.au

WHAT DO WE DO?

Our role is to provide law students at ANU an opportunity to expand their interests in the law beyond the tutorial rooms and lecture theatres into, what some might call, the practical sides of law. We seek to facilitate a smooth-running competition that spans five weeks including three preliminary rounds, a semi-final and grand final round. We are here to assist you in your competition endeavours. If you are ever hesitant in getting involved or looking for some guidance, please feel free to send us an email and we can point you on the right path.

HOW CAN YOU GET INVOLVED? If you have a keen interest in competitions, we strongly encourage you to run for a position in the competitionâ&#x20AC;&#x2122;s portfolio through annual elections held in October. Joining the LSS and Competitions provides you an opportunity to meets some fantastic judges and practitioners in the field of law as well as an avenue to meet likeminded law students at ANU.

Caught mid-phrase in a College of Law marketing video! | L-R: Tiger, Mel, Jessica, Sasha, Liv

MEET THE DIRECTOR

MEL HOPMAN

INTRODUCTION

My name is Mel Hopman and I am the Competitions Director for Mooting. I am currently studying Law and Psychology. Last year, I participated in Novice Mooting, which prompted me to get more involved as a director this year.

WHY DID YOU GET INVOLVED WITH COMPETITIONS?

MOOTING

I initially got involved in competitions as I wanted to develop various legal skills, as well as push myself outside my comfort zone. I am also passionate about providing students with the opportunity to participate in the engaging and challenging competitions facilitated by the LSS. Additionally, getting involved in competitions has given me the opportunity to meet and interact with so many lovely people!

WHAT IS MOOTING?

Mooting involves a mock court case where the case goes to appeal. As an appeal case, agreed facts are given to both parties at the beginning of the competition. Similar to problem question assignments at law school, the teams must research the relevant areas of law to make submissions to the court on what the law is and how it applies to their particular circumstances. Competitors are also required to answer any questions raised by the bench during moots. Mooting tests oneâ&#x20AC;&#x2122;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. Novice Mooting questions are limited to the topics of torts or contracts. Teams will be only be arguing the one case for all rounds, alternating randomly between presenting as the appellant or respondent. The question and draw are released a week prior to the first round and the competition typically runs for approximately one and a half hours. Teams of: 2 or 3 Time commitment: High

WHAT SKILLS WILL YOU DEVELOP THROUGH MOOTING?

Mooting allows you to develop a range of legal skills. Specifically, mooting requires skills in legal research, reasoning, and writing. Mooting also provides students with the opportunity to be creative and uniquely engage with problem questions. Personally, the most valuable skill I learnt through mooting was how to develop and present legal arguments under pressure. The skills developed in mooting are transferable both to law school and to any career you may be thinking about pursuing. I highly recommend participating!

ADVICE FROM THE EXPERTS BENJAMIN DURKIN, THOMAS GILBERT AND ISOBEL KUO (WINNERS, KING & WOOD MALLESONS SENIOR MOOTING COMPETITION 2020)

Mooting can be a lot of hard work. You will be presented with a tricky fact scenario, and have lots of complicated case law, legislation and academic articles to read over. You’re bound to have a few late nights preparing your team’s written submissions and oral presentations. It is impossible to cover all this legal material just by yourself. Make sure you grab a couple of friends and divide the work evenly for your moot. Working co-operatively is the key ingredient to any successful moot.

READ, READ, READ Forming a solid legal argument requires a comprehensive understanding of the relevant law. This means your team will need to do a lot of reading. As a starting point, every member of your team should know the fact scenario inside and out. Reading case judgments and legislation in full (and not just case summaries) is also really important, as many moots turn on specific and technical areas of particular judgments. Reading academic articles can also provide handy insights into tricky pieces of law, so make sure you get your hands on as many different academic commentaries and essays as possible.

MAKE YOUR WRITTEN SUBMISSIONS EASY TO UNDERSTAND

After you’ve conducted your preliminary research, it’s time to start putting your moot together. The written submissions are an important component of your legal argument. These submissions will be read by your judge the day before the actual moot itself. Think of a written submission as a chance to make a good first impression with a judge. They should be clear, easy-to-read, and provide a concise overview of your team’s legal arguments. It’s important to clearly signpost your written submissions with headings, and to provide relevant, pinpointed (and AGLC compliant) cases to support your arguments. Try to avoid large blocks of text and lengthy sentences. Most judges are only looking for a taste of what your main arguments will entail.

SPEAK CLEARLY AND SLOWLY

After you’ve prepared your written submissions, it will be time to present your oral arguments. Oral submissions are the most important aspects of any moot. Here, you’ll be arguing your case before one (or two) judges. After weeks of preparation, you’ll have lots of strong arguments, interesting authorities and persuasive case law to present to your judge. However, try to avoid rushing and speaking quickly during your oral presentations. Instead, the best mooters speak clearly and slowly, methodically working through their legal arguments. Judges often appreciate clear signposting (‘turning to submission one’, ‘moving now to submission two’ etc), to help guide them through the relevant submissions.

1 5

“

ENGAGE WITH THE BENCH

Some first-time mooters can think that mooting is similar to high school debating, where speakers read from a pre-prepared script. This couldn’t be further from the truth! In a moot, judges will often interject your oral submissions, asking questions, challenging your legal argument, and querying your choice of case law. The best mooters will take this questioning in their stride, and engage in a dialogue with the Bench. When questioned, try to give a thoughtful and insightful answer to your judge, even if this means going slightly off script. It’s really important to understand the relevant law well, so that you can respond to those curly questions in a simple, direct and straightforward manner.

KEEP CALM AND CARRY ON

Not everything in a moot will go to plan. The other team may make a strong argument. A judge may put a tricky question to you. You may simply get flustered and lose your place. That’s completely fine – it happens to everyone! Even when things aren’t going perfectly, it’s important to continue speaking confidently, and to move forward with your argument. If you get a difficult question from a judge, there’s nothing wrong with saying ‘I apologise, your Honour, but we cannot assist the Bench on that matter’. Maintaining your composure, even in the face of tricky questions, is the key to a good moot.

PRACTICE MAKES PERFECT

Your first ever moot can be quite overwhelming. You need to learn technical terminology and grasp complex legal problems, all whilst receiving tricky questions from the Bench. There’s only one way to get better. Practice as much as you can! Before your first moot, work with your teammates to practice your oral arguments – have them throw tricky questions at you, and work at keeping your response under the time limit (hint, 15 minutes is not much time). With a couple of practice runs under your belt, you’ll be in a great position to have an excellent oral argument.

SO, GRAB YOUR MATES, DUST OFF THOSE TEXTBOOKS, LOAD UP LEXISNEXIS, AND BEST OF LUCK WITH YOUR NEXT MOOT!

“

WORK AS A TEAM

Simpler times: Ben with his former team winning the 2019 Senior Mooting Competition at the King & Wood Mallesons Canberra office

MEET A JUDGE

LAKSSHINI SUNDARAMOORTHY

COMPETITORS ARE SCORED ACCORDING TO FIVE CRITERIA. I WILL DISCUSS EACH CRITERION IN TURN.

ORGANISATION OF PRESENTATION Signposting

It’s important to signpost your arguments so that judges can easily follow. But crucially, you shouldn’t just signpost your arguments at the outset. You should refer to your structure/skeleton throughout your submissions. For example, you could say: This submission comprises of three inter-related points (in introduction) First, X Second, Y Third, Z Turning to our first submission, concerning X, the appellants argue that … (and so forth).

DEVELOPMENT OF ARGUMENT Know the Law!

You need to know the law inside out. Ask yourself: What are the key cases? What are the facts of these cases? What are the key statutory provisions? Is the rule well-established or disputed? Note the composition of the High Court in seminal cases and compare it with the current composition. This detail might seem trivial but it can actually massively impact the outcome of a case. To demonstrate this, I’ll use a hypothetical. Suppose in Case 1 (1960), judges A, B, C and D are in the majority while judges E, F and G vehemently dissent. Now suppose that Case 2 (2020), which is factually similar to Case 1, is before the High Court today. Judges A, B, C and D are (let’s say) dead/retired/exposed for their egregious sexual misconduct and fired. But judges E, F and G are still members of the present Court. It’s now unclear if the precedent set in 1960 will be followed in 2020.

Appellant/Plaintiff

Try to pre-empt and rebut the respondent as much as is necessary/possible. But remember, you need to make your own case. Finding the appropriate balance can be a difficult task.

Make sure to respond directly to the appellant’s arguments. Exploit language to demonstrate this. For example, you could say: in direct response to the appellant’s contention about X, the respondent argues ….

QUESTIONS FROM THE BENCH

This submission comprises of three inter-related points:

First,

Try to answer questions as directly, concisely and correctly as possible. If you do not know the answer, do not lie or evade the question. You can say: unfortunately, your Honour, I am unable to assist the Court with that matter. From the perspective of a judge, it’s not a good look when an advocate doesn’t know the answer to a question. But it is certainly less infuriating/problematic than when a mooter lies or deliberately skirts around the question.

Internal Coherence

It’s also important to note how your arguments relate to one another. Are they cumulative or alternative? Do you need to prove all of your points to win or is it sufficient that you prove just one? Ensure that your submissions are logically consistent. It’s a really bad look if you contradict yourself or your learned colleague.

RESPONDENT/DEFENDANT

Second,

Try to structure your answers. This can be difficult and takes practice. When I get a question (as a mooter), my thought process is: do I have multiple answers or one answer, and what evidence do I have to back up my response? If I have multiple points, I will usually signpost and say: your Honour, in response to your question, we make three points. First, …; Second, … and Third, …. I incorporate my evidence into each sub-point. Alternatively, if I have only one response, I use this quick formula to structure my thoughts. FIRST SENTENCE Yes/no, your Honour (a direct response) SECOND AND THIRD SENTENCE Explanation/elaboration FOURTH SENTENCE Authorities (e.g. Support for this propositon can be found at [65] of the Westpac v Lenthall case, decided by this Court in December last year)

“LLBEBEETETSS

R REEA ALL::

Third,

Getting involved in ANU LSS mooting competitions is about the closest you’re going to get to feeling like Harvey Specter this early in your legal career. There is simply nothing more satisfying than wrapping up a 15-minute oral submission or eviscerating your ‘learned colleagues’ with a quick rebuttal. You absolutely must give mooting a crack while you’re studying law – it’s a great way to perfect your legal advocacy and substantially build on your knowledge from a bunch of Priestley 11 courses. For so many of us, mooting has reaffirmed our passion in the law and made us budding courtroom advocates. Here are five tips to excel at mooting:

Invite questions. Remember that the best mooters can have a conversation with the judges!

SPEAKING ABILITY & DELIVERY Let’s face it. Public speaking is difficult. Apart from the general golden rules (project your voice, speak slowly, maintain formalities, eye contract etc), the only bit of additional advice I have is to conclude strongly (even if your submissions were a total train wreck). It makes a huge difference!

WRITTEN SUBMISSIONS

““

Good Luck!

REMEMBER THAT THE BEST MOOTERS CAN HAVE A CONVERSATION WITH THE JUDGES!

1KNOW

YOUR STUFF

Preparation is absolutely essential. You will likely find yourself approaching a moot topic that you studied years ago, or that you haven’t even studied yet. But don’t fear, we were edged out in the senior mooting grand final by a younger team that hadn’t even studied constitutional law yet! The moot question typically revolves around three central issues within a subject of law, often with unsettled legal elements. Make sure you take the time to read the cases provided in the problem question and understand the different arguments. You don’t need to know the full case law, nor do you need to cite hundreds of cases to win the moot. Teams are judged on the depth and complexity of their legal knowledge, and this can be strongly demonstrated by using only a handful of judgments. Be prepared to answer questions, often irrelevant ones, that judges will give you just to check you’ve done your reading.

2 TREAT IT AS A CONVERSATION WITH THE JUDGE

Mooting is very different to debating. It’s not a test of how fast you can talk or how many points of argument you can cram in. Before you begin, take a deep breath, and speak slowly and clearly. Speakers also generally perform better if they have a general structure and outline on the paper in front of them rather than a prepared speech. Ensure you stick to formal language but try and

ADAM CASS, JYE BEARDOW AND SKANDA PANDITHARATNE (RUNNERS-UP, KING & WOOD MALLESONS SENIOR MOOTING COMPETITION 2020)

Make sure you structure your written submissions according to the issues presented in the moot problem question. It can be difficult to follow the flow of your arguments otherwise. Ensure that your formatting is correct (make sure that your cases are consistently italicised, paragraphs are consistently justified, same font is used etc.). As a judge, it’s very easy for me to notice formatting errors but it’s more difficult for me to identify errors in the law. Of course, formatting errors do not change the substance of your arguments and are thus not given much weight. But it’s still a good idea to consider this. After all, first impressions count! Finally, you must pinpoint citations.

““

MOOTING

101

Obviously, these formulae aren’t perfect. Indeed, some questions might only require a yes or no response. Ultimately, you MUST tailor your answer to the question you are asked. I do not intend for these formulae to be applied rigidly.

3 KEEP IT FORMAL

It’s important to keep a couple of phrases in your back pocket for when you’re presenting your oral submissions. When making a new point, always check that the bench is satisfied with your submissions and that they have no further queries by stating ‘If it pleases the court’ or ‘If there are no further questions Your Honour(s)’, and then proceed. Never ever say ‘I think’ or ‘We think’, but rather ‘We submit’ or ‘Our submission is.’ Make sure you ask at the beginning of your submissions to dispense with formal citations. When you’re in the thick of a submission, especially when answering questions, it’s easy to forget about the formal nature of a moot – but there is potential to lose some crucial points if your submissions become too informal.

4 SIGNPOST,

submission.” Then, every argument and point you make underneath each of those submissions needs to be flagged: “Per our written submission 2.3, we submit…” and then proceed with your argument. Just remember to step it out and keep it as clear as possible. Also, when you inevitably get thrown off course by questions, make sure you bring it back to your written submissions as soon as you have finished answering.

5 HAVE

FUN AND STAND OUT!

Mooting is a lot of fun, especially with friends. And if you’re thrown into a random team, they’ll be your friends by the end of it. Treat it as an opportunity to pick up some really valuable skills that are highly regarded in the legal industry. Also don’t be afraid to be creative with your legal argument: invariably you’ll have an impossible or extremely difficult legal point to win that not even the brightest QCs could succeed in making, so often experimental or risky approaches pay off.

““

HO OP PEE Y YO OU UH HA AV VEE A A H GR REEA ATT TTIIM MEE IIN N TTH HEE G UP PC CO OM MIIN NG G U CO OM MP PEETTIITTIIO ON NSS!! C

SIGNPOST, SIGNPOST

Before you present, make sure what you’re about to say lines up perfectly with your written submissions. Judges will closely follow your written submissions as you speak, and if you deviate from what’s in front of them there’s a good chance they might become confused with where you’re at or what you’re saying. To stop any chance of this happening, you need to ‘signpost’. This means explicitly telling them exactly where you are in your submissions at every point along the way. We also strongly recommend checking out examples of submissions made to courts available online to work out how to structure your written subs. Senior Counsel, at the very beginning, should explain how the team is splitting up the submissions, for example “Your Honours, I will assist the bench with submissions 1 and 2 and my learned junior will assist the bench with our third

““

aim for a manner that is engaging, relaxed and calm. You will often be presenting to judges that know nothing or very little about the topic. Your job is not so much proving that you’re right with facts and decisions, but rather make the judge like you and your case. When you’re asked a question, answer it immediately beginning with either a ‘Yes’ or a ‘No’ followed by a brief explanation. As a senior or NEVER junior counsel, your role is to assist the bench as best ARGUE WITH as you can. Be honest and upfront with the judge and be prepared to concede points – never argue with the THE BENCH. bench.

MOOTING IN THE AGE OF CORONA... 13

NEGOTIATIONS

WHAT ARE NEGOTIATIONS? Negotiation is by far the bread and butter of a lawyerâ&#x20AC;&#x2122;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 parties. In determining a winning team, the judge will examine teamwork, strategy, and also 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 each have a short reflective period where they can discuss their performance and take questions from the judge. This reflection period is also assessed. Teams of: 2 Time commitment: Moderate - Low

MEET THE DIRECTOR

SASHA DANIEL INTRODUCTION

WHAT INSPIRED YOUR INVOLVEMENT WITH COMPETITIONS? I got involved in comps after going to a BBQ launch and decided it was worth a shot - not really knowing what I was getting myself into.

WHAT SKILLS DO YOU DEVELOP THROUGH NEGOTIATIONS?

I have found Negotiations to be really great for developing critical thinking skills - being able to come up with interesting solutions to complex problems is a skill that’s especially handy for those who are creatively-inclined (such as myself).

WHAT TIPS DO YOU HAVE FOR NEGOTIATIONS?

A really great part of negotiations is the partnership and strategies you can develop with your teammate - knowing how you two can work best together can make such a difference, especially if you’re ever out of your depth mid-negotiation.

MOOT COURT, 2019

I’m Sasha, I’m a second year Law/PPE student and the current LSS Negotiations Director.

ADVICE FROM THE EXPERTS BRITTANY MASHADO AND VANESSA SPORNE (WINNERS, ASHURST SENIOR NEGOTIATIONS COMPETITION 2020)

KNOW THE FACTS

A benefit of negotiations is that preparation time is relatively low. Despite this, knowledge of the facts is instrumental to any negotiation. Knowing the facts well not only means you look prepared to the judges, but also that you will more readily be able to adapt and offer creative suggestions – it will also save you from desperately flicking through pages mid-negotiation! We would always read through the facts and highlight a few times in advance, discuss them and note key information, and read over them again immediately before the negotiation.

UNDERSTAND YOUR PRIORITIES

This is crucial – you will never win on every single point, and trying to do so will likely lead to a strained and difficult negotiation. Knowing what you can and cannot concede means you can gain favour with the other side and encourage them to also make concessions, whilst still focussing on your client’s priorities. You can even be very explicit in your priorities and ask the other team to do the same.

AGENDA SET Agenda-setting is critical. It does not matter which team sets the agenda, but make sure it is clear and at least loosely followed. Forty minutes flies by if you don’t keep good structure, and you may find yourself out of time without hitting some key issues.

USE YOUR BREAK

Each team has one four-minute break which they can take whenever they choose. It can be good to use this break after you or the other team put an offer on the table – then you can discuss your stance or possible counter-offers. Another great time to use a break is if you find out further information about the other party and you wish to work out how to incorporate that into your strategy.

SHARE THE WORK Each partner in the team will likely have strengths and weaknesses – use these! It is important that both team members participate meaningfully in the negotiation and a great way to ensure this is to tentatively plan which issues each person is stronger on.

HAVE BACK-UP PLANS & CONTINGENCIES

It is not until the negotiation is underway that you will start to get a strong idea for the other party’s interests. It is great to prepare multiple contingencies or back-up offers that you can put on the table once you gather more information. For example, if you find out the other party is in significant debt, you might have to consider what they can offer that is not monetary. If you have prepared multiple ideas it’s easy to adapt suggestions.

1 7

2 3

8 9

4 10 5 6

ASK TARGETED QUESTIONS

You are most likely to obtain a deal both parties are happy with if you understand each other’s interests. The best way to do this is to ask questions and be willing to share information yourself to create a culture of trust, especially where an ongoing relationship between the parties is important. It is often beneficial to commence the negotiation with a broad discussion of the parties’ interests to get a better understanding of what a middle ground may look like.

USE YOUR SECRET FACTS

The secret facts are there for a reason – they may indicate something that your party cannot concede on, or may provide you with ideas on what you have to offer the other side. Try to consider how these facts will play into the negotiation and use them to guide the questions you ask of the other side.

NOTE ONGOING PROCESS

Whenever you reach a conclusion on a sub-issue it is good to jot this down and also state it to the other team – ‘so we have agreed so far that X.’ This has two benefits. Firstly, if you run out of time you have at least reached consensus on some of the sub-issues which you can summarise briefly at the end. Secondly, when the negotiation culminates you will be able to clearly state the agreement that has been reached by both sides in its final form.

UNDERSTAND THE CONTEXT OF NEGOTIATION

You’ll need to adapt your strategies for different factual circumstances. If the negotiation concerns an ongoing relationship, concessions and mutual sharing of information will be important. If it is a one-off transaction or a relationship that has ended, you may be able to take a stronger stance. Knowing your relative strength of bargaining position is also important – if you know you are in the wrong you will have to be ready to make some concessions, and vice versa! Participating in negotiations is a great way to hone in on what kind of problem solver you are. By reflecting on and learning from each negotiation you’ll be able to develop your own personal style and adapt these tips accordingly. Good luck!

Ness and Britt: Zooming to an agreement!

MEET A JUDGE

ALICE SCAMPS-GOODMAN [THIS PIECE IS REPRODUCED FROM ALICE’S CONTRIBUTION LAST YEAR.]

My name is Alice Scamps-Goodman. 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 UTS Clayton Utz Intervarsity Negotiation Competition in 2018. Last year, I studied Advanced Negotiation and Mediation at the London School of Economics and Social Sciences.

WHAT ARE THE JUDGES LOOKING FOR?

Judges look for a range of different things during a negotiation, including:

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.

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

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.

Adaptability

Preparation

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.

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. 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 Clients’ 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, teams must remember that the core of the discussions and the settlement need to achieve the basic needs and interests of their client.

A number of factors will help competitors to stand out

Time Management/Discussion of Relevant Issues

Time Management

Reasonableness

WHAT MAKES COMPETITORS STAND OUT?

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.

HOW IS THE COMPETITION HELPFUL IN THE WORKPLACE? The negotiation skills that competitors will 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. 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.

NEGOTIATION 101 101 NEGOTIATION

THE SECRET TO COMING SECOND A TONGUE-IN-CHEEK REFLECTION ON WHAT NOT TO DO DURING A NEGOTIATION

TONY XU AND SCANLON WILLIAMS (RUNNERS UP, ASHURST SENIOR NEGOTIATIONS COMPETITION 2020)

Everyone always remembers the gold medallists, but the person with silver has a habit of fading away into obscurity. Nevertheless, there is much to be learned from second best, and indeed, there can be even more value in sometimes missing the mark than in always coming out on top. Whilst we didn’t aim to come second, ultimately we’re very proud to be the 2020 LSS Senior Negotiation Competition Runners-Up and we hope that we can share with you the lessons we learned during our run at the competition, and impart some advice (based on personal experience) to you about what we believe you should not do if you want to win, or conversely, what you should focus on if you want to lose. We achieved our second-place finish by finely executing the following strategies. Whilst these might seem like simple and common techniques, if you do not want to win your negotiation, pay close attention and see if you can throw some of these little tricks into your repertoire, because they’ll help a lot.

TIMEWASTING

First, and above all else, the trick that really secured our second-place finish was timewasting, and lots of it. Some of our favourite techniques in implementing this strategy included:

W a f fl i n g

Waffling is a great skill that chews up time unnecessarily and bamboozles the other party leading to difficulties in communication. As one example, try doing what we did by spending the first 20 minutes of the 40 minutes allocated to setting up the itinerary for the entire negotiation. This will ensure that in the remaining 20 minutes of discussion, both parties are precluded from discussing any points in sufficient depth, greatly compromising your ultimate goal of achieving your client’s interest, which loses you points and the negotiation; and

Asking non-pertinent questions

This was also a favourite. We found that a key to our success in coming second was asking questions on less-than-important aspects of an already complicated problem set, and in so doing creating confusion for both the other team and judges regarding what our points were and how they related to the negotiation. Used in combination with the aforementioned ‘waffling’ technique, adding another 10 minutes of strange, long-winded and obtuse questions is sure to throw an already bad negotiation beyond the point of no return.

FORGET YOUR PRE-PREPARED STRATEGY

Secondly, and as an important supplementary technique, we made sure that we let the pressure of the situation overcome us and promptly forgot all about our pre-prepared strategy as soon as the negotiation began. If you want to come second, do not keep calm, and make sure to forget all about you plans. In our experience, you can make this easier by overthinking your preparation to the point where you can’t remember anything anymore. This might seem challenging at first, but don’t worry, because with the complicated negotiation scenarios that you’re presented with, you’ll be surprised at how easy getting muddled can be! Nevertheless, despite our success in executing the above techniques, our second-place finish almost came undone when we made some nearly fatal mistakes along the way. Had we worked harder in these areas we may have even found ourselves in a shocking winning position. For those of you who might be victory driven, our experience suggests that the following strategies could be of value: Good communication with your partner Being objective and reasonable; Being interests focussed and understanding your Worst Alternative to a Negotiated Agreement (WATNA) and your Best Alternative to a Negotiated Agreement (BATNA); Being creative and flexible with potential resolutions to issues; Allocating set speaking roles on each issue and time limits to maximise efficiency; Having pre-prepared calculations and numbers in place to evaluate any proposals; Clarifying any potential misunderstandings at first instance; Summarising progress regularly to ensure that all parties are on the same page

FFIIN NA ALLLLY Y,,

Some (perhaps fairly unoriginal) advice/encouragement that we think is relevant for all negotiators no matter their aspirations, is to treat the negotiation process as an opportunity to hone and reflect upon your negotiation skills and use that as the basis for improvement. Our experience has been that negotiation technique, unlike many of the academic activities at law school, cannot be developed merely by reading a book or understanding theory. Ultimately, improvement requires actual practice to progress. As a team we first negotiated together in the 2018 LSS Novice Negotiation Competition. At that time, we lost two of our three negotiations, and, unsurprisingly, did not progress beyond the preliminary rounds. Most importantly though, we continued to learn from our losses, and, as a result, we somehow managed to stumble into the 2020 Senior Negotiation Grand Final. We may not have won this time, but we both feel that we are now irrefutably better than when we first started (or at least not totally incompetent), and we’re looking forward to negotiating together as a team in the future. Whether you’re just getting your head around negotiation, or whether you’re gunning for second, or even for first, we encourage everyone to give negotiation a go and to enjoy and learn from the experience. Who knows where things might take you?

““

CLIENT INTERVIEW

WHAT IS 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.

If you work at a law firm and are reading this, please call us. We are both unemployed and looking for work. Any job will do, subject to negotiation…

*OUR THANKS TO THE LSS FOR ORGANISING THE COMPETITION AND TO THE JUDGES FOR THEIR GENEROUS TIME AND FEEDBACK. OUR SINCEREST CONGRATULATIONS ALSO TO THE WINNING TEAM WHO ARE BOTH A VERY WORTHY CHAMPION AND WHO WERE A REAL INTELLECTUAL JOY TO NEGOTIATE WITH.

““

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 forty-five minutes per team. Teams of: 2 Time commitment: Low Clients Clients are provided by the LSS, however, if you are interested in acting as a client, and are not a competitor, please email lsscompetitions@anu.edu.au to volunteer!

CLICK HERE TO SEE HOW NEGS REALLY MAKES US FEEL...

INTRODUCTION

MEET THE DIRECTOR

JESSICA THOO I am the Client Interviews Director for 2020, and am in my penultimate year of a LLB/Bachelor of International Relations degree. I have previously competed in Client Interview, Witness Examination and Negotiations, and represented ANU at the UTS Clayton-Utz Intervarsity Negotiation earlier this year.

WHY DID YOU GET INVOLVED WITH COMPETITIONS?

I originally got involved with competitions because I wanted to get something more practical out of my LLB, which can a lot of time feel like rote learning statutes and cases for an exam only to forget them a week later. Competitions allow you to engage with the law practically and learn how to communicate your position effectively when put on the spot. The competition scene is really unique at ANU in that its focus is mainly on giving it a go. Rather than being daunting, competitions are a great learning experience, and you can learn so much from both the judges and your competitors.

WHAT SKILLS DO YOU DEVELOP THROUGH CLIENT INTERVIEW?

I would say that the most significant skills that you will perfect in Client Interview are interacting with a range of different individuals and tailoring your approach to specific clients. Client Interviews can (and will) throw you into novel situations where you have to empathise and think on your feet. Admittedly, some of the scenarios you may face are incredibly sensitive, however, this is the reality of the profession and Client Interview is a great way to learn how to approach such matters delicately.

TIPS?

Be flexible! A lot of the times in Client Interview (and other competitions such as Negotiations), competitors will go in operating under a certain set of assumptions and only have one game plan because of that. Being too set on one approach may lead you to miss important tidbits of information and neglect to ask the questions you really should be asking. Be ready for any curveballs, but always keep an open mind!

AAT MOOT 2019

ADVICE FROM THE EXPERTS AISLINN GRIMLEY AND DANIEL KANG (WINNERS, LEO CUSSEN SENIOR CLIENT INTERVIEW COMPETITION 2020)

INTRODUCTION

It might seem like an insignificant part of the interview, but the first few moments of the interview will not go unnoticed by your adjudicator. It’s not as easy as it sounds, either there’s no real formula for how to approach your client when they first walk in (or when they log onto the Zoom call, as was the case this year), so there’s a lot of potential for awkward silences or clunky subject changes. That being said, there are a few things you can do to break the ice and earn the trust of your client.

C o n fi d e n t i a l i t y

Reassure the client that everything they say in the interview will be for the firm’s eyes only, but highlight the “exceptions” to this rule - for example, if you believe they are at an immediate risk of harming themselves or others, you have a duty to notify the police. This part can sound intimidating, so reassure them that if any such issue arises, you will let them know straight away, and give them the option to continue the interview.

Costs

Remember the brief

This might seem obvious, but make it clear that you know something about the client before they waltz in: their name, their occupation, how they behaved when they called your secretary. The interview brief is often deliberately vague, but you should always show the client you’re ready for them.

Etiquette

In pre-COVID times, standard interview etiquette applies - you should stand up and shake their hand when they enter the room, and ask them something general that shows you care about more than just taking their money (for example, “Did you get here okay? It’s cold out there!”). This is a bit more dicey over Zoom, but we developed a formula of checking they could see and hear us, and asking how they’re finding the transition to doing everything online. These early interactions are also a critical opportunity to gauge your clients’ temperament and get an idea of how to approach the next thirty minutes. Just go with your gut here - if they seem impatient or agitated, keep the intro brief and move on to helping them. This is also a great opportunity to go through a “road map” of the interview, so they know what to expect. For example: “To avoid any surprises, we just want to tell you what to expect in this consultation. First, we’ll run you through a few housekeeping matters, and then we’ll give you an opportunity to tell us about your situation and what you want to achieve from this interview. Once you’re satisfied you’ve explained your situation and we have an idea of what you want, we’ll move on to giving you some information about the legal issues that apply, and how you can proceed from here.”

HOUSEKEEPING Once you’re done with pleasantries, you’ll have to go through a few ‘housekeeping’ matters, to let the client know what your own obligations are in the interview. This is arguably the easiest part of the interview, but doing it properly will impress the adjudicator and highlight your own professionalism. The trick here is to run through the “Three Cs”:

Reassure them that this 30-minute consult is completely free. You and your partner should split these up between yourselves rather than one person barrelling through all three at once - it’s an easy way to show teamwork and prevent the client from getting overwhelmed with legal formalities.

GETTING INFORMATION Setting out a great framework to tease out facts is essential here. You could start off by asking the client what’s brought them to you today, and then go through the facts chronologically. If the client goes off on a tangent, do note if further inquiries may uncover additional facts but also remember to pull the client back towards finishing a full recount of their situation. If your client begins to get defensive or shows signs of discomfort, use this as an opportunity to build rapport by demonstrating empathy and emphasising your intentions to support your client as best as possible. Don’t worry about jumping between different parts of the scenario to tease out questions - more often than not the client will be withholding some key information that greatly undermines the client’s case. Lastly, a great tip would be to relay a summary of the information your client has presented to you as an opportunity to not only ensure that you have all the facts, but also allow the client to offer any additional information that may be crucial in forming solutions for the client.

C o n fl i c t s

Once your client leaves the room or Zoom, you’ll have to run a conflict check to ensure that the firm isn’t already engaged with a party mentioned by the client. Let them know that you will contact them immediately if you do identify a conflict.

GIVING INFORMATION

If applicable, do raise the option of pursuing Alternate Dispute Resolution (e.g. Mediation, Conciliation) as an alternative to litigation. You may want to emphasise on the significant costs involved in litigation, and the substantial length of proceedings which may create an unsatisfactory outcome for the client. These options can also involve a ‘common sense’ approach, involving attempting some form of damage control or resolving the dispute. An example could include suggesting for the client to apologise or speak directly to the opposing party to resolve the dispute, with the option of your assistance through accompanying the client or helping to draft communications. Also keep in mind that while the client may want to continue to engage your services after the interview, the client may lack the financial means to. You should also remind the client of the availability of Legal Aid or a Community Law Centre that can provide legal assistance if they fall in this category. Some scenarios may involve the client facing criminal charges. It is important to remind the client of their legal rights, and your capacities as a legal representative. Ultimately, in all situations, when dealing with the client’s potential liabilities, avoid making promises, and avoid drawing conclusions. If the client questions this or raises concerns relating to the lack of certainty, stress that making guarantees off the first meeting would be a huge disservice to your client, especially with the limited time you have for the first interview to conduct your fact-gathering. You can however stress your ability to craft and build on a strong defence for your client in future meetings, or give them some alternative “next steps” for managing costs if a defence looks unlikely. Good luck!

CRAIG COLLINS CLIENT INTERVIEWING IS AN ESSENTIAL SKILL FOR LAW STUDENTS TO GROW AND CULTIVATE. VIRTUALLY ALL LEGAL WORK BEGINS WITH AN INTERVIEW – WHETHER THE CLIENT IS SEEING YOU ABOUT A DISPUTE OR NAVIGATING A PROCESS OR TRANSACTION.

WHY DEVELOP YOUR CLIENT INTERVIEWING SKILLS?

You might well be asked to interview a client from the very earliest stages of your career. As the lawyer, you could well be the first point of contact the client has ever had with the law and the legal profession. This is precious time (and, for the client, precious money too), which might be wasted if done badly – or, if done well, the start of a special kind of client relationship which might even span your entire legal career. Client interviewing skills rarely feature in the academic curriculum at law schools. Most students obtain their first instruction and coaching when doing their GDLP, such as the program offered by the Leo Cussen Centre for Law (coming to ANU in 2021!). Before then, law students can gain build client interviewing skills though LSS competitions. When recruiting law graduates, I always gave weight to participation in student competitions. It shows initiative and awareness of what is valued in the workforce, over and above the law school curriculum. So this is one way, beyond course grades, that you can stand out in making the cut for a job interview.

HOW ARE COMPETITORS SCORED?

CLIENT INTERVIEWS OVER ZOOM!

You need to look at the judging criteria and shape your preparation and performance focus accordingly. There are 10 criteria, with each assessed across a sliding scale from 1 point (low performance) to 5 points (high). So you will be marked, as a team, out of 50. The judging criteria reflects the way the interview is expected to unfold.

WHAT DO JUDGES LOOK FOR IN PRESENTATION? The way you carry yourself in the interview is often more important than what you say. Cultivate a professional persona, which is composed, unruffled, objective and courteous. Clear verbal communication, for most people, means speaking more slowly and in shorter sentences than in ordinary life. Tone of voice is important – this might convey trust and safety or…the opposite. Two techniques, if well deployed, stand-out when judging:

ME ET A JU DG E

CLIENT INTERVIEW 101

1 T‘ chleo sceodn’s qc iuoeusst iuosnes o f ‘ o p e n ’ a n d

ASHIQ KAZI AND DAVID FERRELL (RUNNERS-UP, LEO CUSSEN SENIOR CLIENT INTERVIEW COMPETITION 2020)

Since clients might either be reluctant to speak (perhaps due to embarrassment, trauma etc) or talk too much (anxiety, personality etc), you need to take control of pacing. You also need to progress through the interview stages without getting too bogged down at any one stage. Aim for concrete detail – asking who, what, when, how, why towards constructing a clear chronology – rather than talking at the level of vague generalities. Don’t over-sympathise with the client, and there is no need to accept at face value everything they have to say. Things might come out rather differently in the witness box under cross-examination. Be careful not to ‘over-promise’ on what you can deliver.

CLIENT INTERVIEW IS AN ESSENTIAL PART OF ACTUAL LEGAL PRACTICE. The

skills acquired through the competition, hence, are highly transferrable in almost any field that includes dealing with clients. The interview is not only an opportunity for extracting important facts of the whole case but also provides a floor to build a strong and professional relationship with the client. The most useful set of skills for this competition are communication, teamwork and paying attention to detail. Each team consists of 2 members as partner solicitors. Each round would have a new set of scenario and participants would receive a brief prior to each round. Each session consists of 45 minutes where the participants are allowed to interview the client in the 30 minutes. The latter 15 minutes consists of reflection where both the client and participants would get an opportunity to express their thoughts on the whole interview with the judge.

T h e s e c o n d t e c h n i q u e i s ‘ r e fl e c t i n g back’

The second technique is ‘reflecting back’. This is where you inject a pause to paraphrase and summarise what you have heard the client say. You can then ask the client to correct or affirm your understanding. Without this, there is a real risk of client and lawyer not being ‘on the same page’ – and the consequences of mistaken assumptions or miscommunication can be disastrous.

A SUGGESTED STRUCTURE FOR THE FIRST 30 MINUTES OF YOUR INTERVIEW SHOULD BE AS FOLLOWS:

1 GREETING

ANY OTHER TIPS YOU’D LIKE TO IMPART?

2 HOUSEKEEPING

PRACTICE MINDFULNESS. BE WARM AND SINCERE, NOT ROBOTIC...

Remind the client with a brief statement about lawyer-client confidentiality Make sure the client is aware of conflict check (could be done prior to the interview or following it) Address costs (remind them that the current session is free of cost)

““

Meet the client at the door or welcome them if it is an online call. Introduce yourselves and make them feel comfortable.

3 QUESTIONING

...in your greeting. Listen carefully and respond in the moment to what you hear. Try to avoid reverting to script and skipping to the next pre-planned question and not following up immediately - when the client has just revealed an alarming fact. Within the parameters of your structure and developing skill-set, you just need to adapt to the situation and go with the flow…

Try maintaining a mixture of both open and closed question. However, it is advisable to start with open questions; such as why the client is there, what happened, where, why and how. It is also a good idea to get an idea of the client’s goals at an early stage. As you get a better understanding of the scenario, ask closed questions to extract the specific information with relation to the important events or people involved. 32 .

4 SUMMARY

Repeat a summary of facts. Take is at an opportunity to double-check if you’re on the same page as the client. Ask if you have missed anything

5 LEGAL INFORMATION

Highlight their main goals and offer brief information accordingly. If possible, try offering a range of possible avenues that they can pursue and how you can help them with it. If applicable, mention Alternative Dispute Resolution such as mediation, negotiation, a 4-way meeting or simply writing a letter to the other parties.

6 CONCLUSION

Ask them if they are unsure of anything and make sure they have understood you. Provide them with their paperwork (if necessary) Show them out and let them know how to contact you for further information.

7 REFLECTION

Try informing the judge what you thought of the client and whether you’d want to continue with them. Mention any ethical issues (if applicable) Ask judges for feedback*** (Always!)

JUST LOOK AT THE FUN YOU CAN HAVE COMPETING IN CLIENT INTERVIEWS!

WITNESS EXAMINATION WHAT IS WITNESS EXAMINATION? Witness Examination is a mock criminal trial where each competitor examines their own witness and cross-examines their opponent’s witnesses, trying to adduce facts that are favourable to their case. Problems are generally based in criminal or tort 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.

Competitors will be given a factual scenario one hour before the trial begins. Half an hour into this period, competitors will be able to consult with (not coach!) their witnesses. Each round will last around 90 minutes, with competitors acting for either the Prosecution or Defence. Teams of: 1 Time commitment: Low Witnesses Witnesses are provided by the competitors and need not be ANU law students nor does it have to be the same witness each round. Before competing, competitors must be sure that they are able to source a witness for every round.

INTRODUCTION

My name is Sara Warner and I am a third-year Law/Arts student. I have participated in the Witness Examination competition twice before and am the director of the competition this year.

WHY DID YOU GET INVOLVED WITH COMPETITIONS?

I was involved in mock trials in Year 12, so when I started university, I was really interested in Witness Examination due to the similarities between the competitions. I applied to be a competitions director this year to contribute to this amazing competition.

WHAT SKILLS DO YOU DEVELOP THROUGH DOING WITNESS EXAMINATION?

Through participating in Witness Examination, you develop independent thinking skills as it is an individual competition and you cannot rely on teammates. You will learn how to think on the spot, and how to formulate appropriate questions for both your cross-examination and examination-in-chief.

TIPS?

Attend the workshop to learn some valuable tips for how to compete. You can also ask for verbal feedback from the judges after each round. Learn the objections and do not be afraid to use them. Formulate a case and frame your questions around it. Make the most of your allocated time with your witness. Do not be afraid to give it a go â&#x20AC;&#x201C; itâ&#x20AC;&#x2122;s a lot of fun and very rewarding! 35

WITNESS EXAMINATION 2019

MEET THE DIRECTOR

SARA WARNER

ADVICE FROM THE EXPERTS DANIEL GRIESS (WINNER, SENIOR WITNESS EXAMINATION COMPETITION 2020)

Witness Examination is enjoyable for the chance to show off your styles of argument, public speaking, performance, interrogation, and rhetoric, all while under tight time pressure which means you’ll be fuelled by adrenaline. Here are my tips for this competition.

READ THE CHARGE FIRST, THEN YOUR WITNESS’ STATEMENT, THEN THE OTHER SIDE’S WITNESS STATEMENT.

You want to read the charge first to know what you are looking for. When you are reading both witness statements, a different story will be told in each. Consider whether each fact asserted helps or hinders your case, and how to best respond to problematic facts. There will be contradictory assertions between the two statements. Show to the court why the other side’s assertions are less likely true, whether you imply that the other side’s witness held a mistaken belief or was outright lying.

USE YOUR IMAGINATION FOR A PERSUASIVE CASE THEORY. Don’t unnecessarily add to the facts, but you are not limited to the letter of the witness statements. Imagine and picture what really happened. Competitors, and witnesses, who simply rely on the statements and don’t use their imagination to picture the events actually unfolding might struggle to draw implications from the statements.

2 6

For example:

The prosecution witness’ statement simply states that she suffered a medical episode and was unable to reach her medication on a nearby table. The defendant’s statement states that he did not notice this because she was unable to speak and made no noise. Picturing this, one could reasonably draw the implication that the prosecution witness was crawling to the table and struggling to lift herself up off the ground, even though neither statement explicitly describes these actions in detail. Through questioning, the prosecution might emphasise the visibility of this struggle, arguing that the defendant must have noticed.

GIVE YOUR OPENING AS IF THE JUDGE HAS NO IDEA WHAT THE CASE IS GOING TO BE ABOUT. Like any good speech or essay, signpost clearly what your argument will be and what you are going to focus on. Mention the defendant’s identity and mention the specific provision under which he or she is charged. The judge is following your argument, but they are simultaneously marking you. Make this as easy as possible for them to do.

FOCUS ON WHAT YOU SHOULD REALLY BE ARGUING ABOUT.

As the prosecution, be thorough and make sure you prove every element of an offence to meet the burden of proof, even the relatively uncontentious elements. As defence, focus on the weaker parts of the prosecution’s argument.

Sometimes a scenario will ‘reverse’ the roles, where the elements of the offence are easily proven, but there is a legislative defence available. The prosecution still has to prove the elements of the offence beyond all reasonable doubt, and the defence should point out where the prosecution is unable to do this. But the substantive arguments might concern whether this given defence should apply, with the defence having the burden of proof that it should, and the prosecution arguing that it should not.

EXAMINATION IN CHIEF IS NOT ABOUT YOU.

Of course, you will be marked on your manner and questions. But examination in chief is primarily about your witness telling the story. You’re most helpful in knowing what’s relevant and persuasive in your witness’ account of events, so your job is to guide them towards it. Don’t interrupt your witness except if they ramble or attempt to say something that will harm your argument.

CROSS-EXAMINATION

Try and get the other side’s witness to dig themselves into a hole when you are cross-examining them. Get them to make seemingly innocent admissions so they can’t escape when you later ask them a question which really hurts their side’s argument. Use preparation time to plan how to do this and catch them unawares.

3 4 DANIEL WITH HIS WITNESS, AMY – LOOKING SHARP!

KNOW YOUR OBJECTIONS Keep a short-form list of the objections you are allowed to make. Be most alert when the other side is cross-examining your witness. Do not object if you have no ground whatsoever, but disrupting the opposition can have tactical value, and you want to demonstrate that you are keenly aware when the opposition verges on objectionable questioning.

TAKE NOTES AND QUOTES OF WHAT WITNESSES SAY FOR CROSS-EXAMINATION AND CLOSING STATEMENT.

Your closing statement will mirror your opening, summarising what has been argued and why the judge should either enter a verdict of guilty or acquittal based on your argument. But to distinguish your cross-examination and closing, refer specifically to what the questioning of the witnesses has shown, especially where evidence that is not explicitly in the witness statements has been adduced.

YOU WILL HAVE FUN, BUT BE PROFESSIONAL AND TAKE IT SERIOUSLY.

Some judges appreciate humour, and some of the scenarios you are presented with might lend themselves to humorous questions. Even though this is just a competition, remember that if it were a real case, there a very significant consequences for the parties involved. Treat your role as counsel as if you are really before the bench, and you will be more persuasive.

PRISCA OCHAN OCHAN PRISCA

ME ET A JU DG E

You don’t have to accept the witness’ answers. You don’t have to outright accuse them of lying unless your argument depends on it. If you do make such an accusation, try not to do it too early and get the witness’ guard up.

THIS ARTICLE WAS ADAPTED FROM PRISCA’S CONTRIBUTION TO THE 2019 COMPETITIONS GUIDE.

Prisca Ochan is a fourth-year law/political science student. Her team won the 2019 ACT DPP Plate Mock Trial Competition and in 2018 she was runner-up in the Senior ANU LSS Witness Examination Competition. She has judged many rounds of the 2019-20 Senior and Novice ANU Witness Examination Competitions and was a student judge at the 2019 ANU GDLP ALSA Conference Witness Examination Competition.

WHAT ARE COMPETITORS JUDGED ON?

You are judged on your opening statement, closing statement, examination in chief cross examination, manner and expression and case theory. I personally really like this competition because there is minimal preparation involved. You are given the problem an hour and a half before the competition begins, so if you are non-committal and time poor, then this is the competition for you! This is also what makes the competition so intimidating to most people– it requires a lot of thinking on your feet. But believe me, it is a lot of fun!

1 OPENING STATEMENT

Develop a convincing case theory (and make sure you stick to it!). Identify the issues. Briefly outline the facts. If you are Prosecution, you may also want to outline the elements of the offence and what you will prove. With that said however, for the purposes of this competition, you are not required to go in depth with the legislation or case law. Everything you need to know will be provided to you in the fact scenario. Tell me about the witnesses we will hear from Do not take too long to do all of this (you only have about 3 minutes!)

As a general rule, DO NOT ask leading questions! (An easy way to tell if a question is As As a general rule, DO NOT ask leading questions! (An easy way to tell if a question is leading is to see if the question would have a yes or no answer). However, you are allowed to ask leading questions where it is appropriate to, for example, when establishing facts that are not in dispute. Therefore, you want your questions to be open ended. DO ask who, what, where, when, why, and how type of questions. Ask about events in chronological order. Control your witness and ensure that they only say what you want them to. Do not be afraid to interrupt the witness (do this appropriately). Avoid asking objectionable questions.

3 CROSS-EXAMINATION

DO ask leading questions. Again, you need to control your witness. Do not be afraid to cut them off, to get His or Her Honour to direct them to answer the question with a yes or a no. Witnesses sometimes waffle on about something that is really not material, or they may be difficult. Ask questions in a way that probes the character and attitude of the witness. Engage with the witness’ answers.

4 CLOSING STATEMENT

Your closing statement should mirror your opening statement. Incorporate the oral evidence from the proceedings of the day. Reiterate your case theory. Remember the rule in Browne v Dunn (basically, DO NOT introduce new evidence).

5 OTHER THINGS TO REMEMBER

W I T N E S S EXAMINATION

101

2 EXAMINATION IN-CHIEF

JYE BEARDOW (RUNNER-UP, SENIOR WITNESS EXAMINATION COMPETITION 2020) NOTE: INFORMED IN PART BY TIGER LIN’S CONTRIBUTION FROM 2019

OPENING STATEMENT A good opening statement includes three key components. First, context. You should assume the judge knows nothing about the facts of the case. I would always start by paining the most basic picture of the facts and crime described in the provided brief. Second, the relevant law. You should then remind the judge what offence is charged and under what legislation. Outline all the elements – physical and mental – of the offence before stating that all elements must be proved beyond a reasonable doubt per DPP v Woolmington if a successful conviction is to be achieved. If you are the defence, you may wish to point out which specific elements the prosecution cannot discharge beyond a reasonable doubt. Third, case theory. Your case theory is vital. A good case theory will simply and concisely explain your version of events or the main factors that point towards the accused being guilty or not guilty. I liked to present my case theory using the power of three: three key facts that together create a story which prove guilt or innocence. When formulating your case theory, remember to link it to the elements of the offence you have just outlined. Your case theory provides the scaffolding which will be filled by the testimony that is to come. In summary, your opening statement should provide the judge with the context of the offence, outline the relevant offence and legislation, and present your case theory.

EXAMINATION IN-CHIEF

Do not be scared about raising objections. Both counsels cannot be standing up at the same time—for example, if opposing counsel stands up to raise an objection, you need to sit down and vice versa. Speak slowly and clearly and make sure you maintain good eye contact. Develop your own style. Previous knowledge of Evidence Law and Criminal Law and Procedure might be helpful. I still have not studied Evidence yet, and still managed to do pretty well!

As I was told many times during feedback, examination-in-chief may not be sexy, but it’s what wins most cases – not cross examination (contrary to popular belief). First, it is important to ease your witness into giving evidence. Start by politely greeting the witness and asking some basic questions such as ‘how old are you?’, ‘where do you work?’ and ‘where do you live?’. This information is typically provided in the brief, and allows your witness to get into the mode of answering questions whilst calming their nerves. It is really helpful if your witness is someone you have a good chemistry with – it will make the examination-in-chief seem much more natural and realistic. After this, take the witness to the date of the offence in question by asking ‘can I take you to the night of the 23rd of March 2020?’. Next, you want to draw out the facts of your witness’ statement by using non-leading, open-ended questions such as ‘what happened on the night in question?’, ‘how did that make you feel?’, ‘what happened next?’, ‘what happened

then?’ and ‘what did you do then?’. Your repertoire of questions won’t extend much beyond this. Though, you can incorporate evidence you have already elicited from the witness. You should have a list of key facts you need to elicit from your witness to prove your case theory, and be checking them off as you go along. In summary, your examination-in-chief should ease your witness into being on the stand, take them to the date in question, and extract all the relevant facts from their witness statement which prove your case theory. Remember to tick off all the elements of the offence – even if it’s obvious and non-controversial!

versely, there may be times where there is an obvious objection, such as relevance, but it may be better to simply let your opponent continue on their frolic if they are getting nowhere. Don’t help them move onto another topic if they are struggling with an irrelevant frolic! However, if you can see how this irrelevant or otherwise objectionable information may be used against your client, then interject! The following are the most common objections used in the competition:

1 LEADING QUESTIONS (EXAMINATION-IN-CHIEF ONLY) During examination-in-chief, you cannot ask leading questions. Leading questions are questions which suggest the answer given, or attempt to put words in the witness’ mouth. For example, ‘you saw him kill her, didn’t you?’ is a leading question. However, in subsequent questions you can incorporate evidence the witness has already given. For example, ‘you said you felt threatened by this, what did you do about that?’. Although, leading questions are allowed and encouraged during cross-examination.

CROSS EXAMINATION This is your chance to pick apart an opposition witnesses’ testimony and reduce their credibility. You want to try to find gaps in their testimony, draw them into traps where they may appear confused or contradicting, and demonstrate their lack of credibility in general. To do this you need to disarm your witness at the very beginning of the cross. This can be done by being nice and polite to the witness while asking them easy, non-contentious questions. This is when you want to ask questions which may seem unrelated or uncontroversial yet which are designed at extracting important concessions or information which you are going to use against the witness later on in the cross. This may lull the witness into giving you information they don’t even know is beneficial to you. You may even wish to make them feel smarter than you if you feel that will be helpful in getting information out of them. When you do assert yourself against the witness using this acquired information, try not to be too aggressive or go for the TV style attack. It rarely works or looks good. Bide your time until you assert yourself. Starting the cross by being aggressive or assertive will make it very difficult to get information out of the witness. Asking leading questions is also essential. Leading questions are yes or no questions such as ‘you opened the car door, didn’t you?’. Try to avoid open-ended questions as they will only make it difficult to control the witness, and can help the witness explain away what may be very questionable conduct or testimony. You can also cut off the witness if they attempt to elaborate on a yes or no question. However, you should not argue with the witness. Remember to keep your case theory front of mind. In summary, lull the witness into a false sense of security to extract early concessions, don’t be too aggressive or assertive, ask tonnes of leading questions, and direct your questions towards proving your case theory. Be in control!

2 RELEVANCE

Questions must be directly relevant to a fact in issue. The test is whether the probative value of the evidence outweighs its potential to prejudice the jury. If raising this objection, you will have to explain why the question is irrelevant, and when responding, explain why your question is relevant.

3 OPINION

Evidence of an opinion cannot be used to prove a fact about which the opinion was expressed. For example, ‘he was really angry. The rage was building inside him’. However, expert opinions are permissible.

4 IMPROPER QUESTIONS

There are misleading, confusing, unduly belittling, racist and sexist questions which are inadmissible and must be disallowed. The common TV/film objection of ‘badgering the witness’, which can involve asking several questions at once, not allowing a witness to answer the question, making unnecessary or irrelevant comments, or otherwise provoking a witness, also falls into this category.

CLOSING STATEMENT Your closing statement should nearly mirror your opening statement to the extent that you set the scaffold in the opening – stating what you would prove/demonstrate – and you now have the evidence from the witnesses to prove it. You should incorporate evidence that has been adduced from the witnesses’ testimonies to make your final appeal to the judges. Make sure your case theory is crystal clear and show how what we have heard has supported your version of events. Again, remember to link it to the elements of the offence. Best of luck!

OBJECTIONS You can raise objections any time during your opponent’s examination-in-chief and cross-examination. To do so, stand up and say ‘objection!’, and when prompted by the judge, briefly explain your objection. You get points for objections but it’s a fine line. Try not to over-object or object for the sake of objecting. The judge will only get frustrated by this. Additionally, objections can be strategic – if your opponent is on a roll you may wish to object even if you think you’re wrong, as this may interrupt your opponent’s flow and knock them off balance (though, this should not be used lightly). In-

OBJECTION, YOUR HONOUR!

JYE (SPEAKING) AND HIS WITNESS, ASH (RIGHT), COMPETING IN THE ANU MOOT COURT

AISLINN GRIMLEY

Being the witness certainly doesn’t measure up to the stress your examiner will be feeling, but there are a few things you can do to make the competition go as smoothly as possible:

1 KNOW YOUR STATEMENT

When planning time starts, take a moment to read both witness statements and properly familiarise yourself with your story (the names involved, order of events etc.). You’re unlikely to lose points for pausing and checking your statement, but that’s a sure-fire way to throw off your partner’s rhythm during the examination-in-chief, so try to have all the key details at the front of your mind.

2 DON’T BE AFRAID TO READ DIRECTLY FROM THE WITNESS STATEMENT.

Without ignoring everything noted above, remember that this isn’t a play, and the adjudicator isn’t going to mind if you read off your script. Stick to the text where possible, and give information in small, bite size pieces to allow your examiner-in-chief to take the examination at their desired pace. If they direct you to a paragraph number, do as they say and read what the paper says - in all likelihood, the wording on the statement is important to their case theory, and paraphrasing it will do more harm than good.

3 NO NUMBERS

It might be tempting to give specific figures for things like distance, weight, or speed, but if it’s not in the statement, avoid giving precise numbers, especially when you’re being cross-examined. A number you thought might help your case may easily be used to discredit your story or dissolve the cross-examination into a technical argument about a field you know nothing about, so stick to rough estimates where possible.

4 KEEP YOUR HEAD

Whatever gets thrown up during the cross-examination, don’t let it rile you up. It may resemble what a ‘real’ witness might do, but your attempt at realism will only play into your cross-examiner’s plan to discredit you as a witness or prevent you from thinking clearly. Just keep your cool, and if you think they’re trying to manipulate your words, return to the witness statement and just give them what’s written.

WI TN ESS

REFLECTIONS OF A

ACT SUPREME COURT: WHERE OUR FINAL WOULD HAVE BEEN HELD

EXTERNAL COMPETITIONS

INTRODUCTION

MEET THE DIRECTOR

OLIVIA CALLAGHAN

My name is Olivia and I’m a second year Law/International Security student. My role as the LSS External Competitions Director is to liaise with other universities and facilitate the ANU’s participation in intervarsity competitions. Although basic, my favourite law subject so far has been criminal law, and I have a strong interest in women’s and children’s justice and family law.

WHY DID YOU GET INVOLVED WITH COMPETITIONS?

I first got a taste for competitions in high school when I competed in the QUT High School Moot. Ever since then I’ve enjoyed challenging myself by participating in competitions whenever I can - while it can be nerve-racking, the skills and experience you gain are beyond worth it. Making the semi-finals as a first year competing in the novice moot has definitely been a highlight so far, but there’s no feeling like nailing questions being thrown at you by a tough judge!

WHAT SKILLS DO YOU DEVELOP THROUGH EXTERNAL COMPETITIONS?

External competitions are totally unique in that you get to compete against people who you don’t see in tutorials or around campus every week. They present new and nuanced competition environments and problem questions that can really help you to hone your skills in legal presentation and oral advocacy. External comps also look great on a CV!

TIPS?

Don’t be discouraged from applying, even if you think you may not be qualified! Later year students who’ve competed in external comps can be a great resource for tips to help you improve - skills required for external comps are very multi-faceted so don’t be afraid to reach out and ask for help. Start out by participating in the novice competitions organised in semester 2. You never know when you’ll find your new favourite comp!

OPPORTUNITIES OPPORTUNITIES

External Competitions allow students to travel, socialise, and compete with like-minded peers from other universities whilst being judged by the high-profile industry experts. They are a great way to meet people from different universities who share the same interest and passion in competitions and is 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. Highlights of the external competitions calendar include:

2020 ASHURST ANU-UNIVERSITY OF SYDNEY COMMERCIAL LAW MOOT

The first Ashurst ANU-University of Sydney Commercial Law Moot will be held on 10 August 2020. This competition is based around a commercial law problem and will bring our universities head to head in an exciting match-up featuring our best mooters.

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.

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.

BAKER MCKENZIE NATIONAL WOMEN’S MOOT

The Baker McKenzie National Women’s Moot is an intervarsity competition for women law students which started in 2011 by the Sydney University Law Society alongside the NSW Young Lawyers Special Committee of Law Students’ Societies. It came about to address equity issues for women at the bar. In order to compete in this moot, you must identify as female.

UTS INTERVARSITY NEGOTIATIONS COMPETITION

The Clayton Utz Intervarsity Negotiation is an annual intervarsity tournament hosted by UTS and the largest intervarsity competition hosted by our Law Students’ Society. This competition allows students to hone their skills at the negotiation table against some of the finest intervarsity competitors. Negotiation is a battle of two teams, each comprising of two solicitors, who face off in a legal dispute between their clients.

ANIMAL LAW MOOT

The Australia New Zealand Intervarsity Moot on Animal Law usually takes place at The University of Melbourne in September. This competition is hosted by the Animal Law Institute. As 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 is held at Monash University.

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.

GENDER IDENTITY + SEXUALITY MOOT

The inaugural Intervarsity Gender Identity + Sexuality Moot will be hosted by the ANU in October this year. As the first competition of its kind in Australia, it will be a great opportunity for students to learn more about gender identity, sexuality, and the law. The Moot will also have an accompanying panel where prominent legal professionals in this area will be invited to share their knowledge and experiences, and will be open to all students. The prize for first place is $500, to be donated to a charity of the winner’s choice.

ALSA CONFERENCE 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. Furthermore, the LSS has teamed up with the International Law Society (ILS) to send winners of the ANU rounds of the International Humanitarian Law (IHL) Moot to compete at ALSA. In 2019, the ALSA conference was held in Melbourne and was an extremely rewarding experience as teams competed against universities from around Australia, New Zealand and the Pacific. 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. Unfortunately, this year, the conference was held online due to COVID-19. Three competitions are continuing to run, albeit in an online format – the IHL Moot, Negotiations and Client Interviews. Our competitors are currently in the thick of it – more to come …

THE ANU LSS IS ALWAYS LOOKING TO EXPAND ITS PARTICIPATION IN NEW EXTERNAL COMPETITIONS. KEEP AN EYE OUT ON OUR FACEBOOK PAGE TO SEE WHEN THESE NEW OPPORTUNITIES SHOW UP! 48

VANESSA SPORNE & BRITTANY MOSHADO

ALSA NEGOTIATIONS

REFLECTIONS ON My partner Britt Mashado and I had a fantastic experience representing the ANU at this year’s Leo Cussen ALSA Negotiation Competition. The competition was held entirely on Zoom this year, but still coordinated extremely well. It also gave us a glimpse into how many mediations are likely to be conducted in future.

WORKSHOP NOTES

ONLINE 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.

The competition started with three preliminary rounds over three days where we competed against teams from around Australia. We were delighted when we broke the general rounds, and even more excited when we won our quarter-final and semi-final to then proceed to the Grand Final of the competition. Ending as the runners-up by two points was incredibly exciting for us and we are so proud of what we’ve achieved. Competing against different teams introduced us to new styles and helped us hone our own abilities. The standard was high, meaning we had to identify what our strengths were as a duo and play to them. It was a shame we couldn’t meet our fellow teams in person, but the wonders of Zoom meant we still made good friends along the way. This experience has improved our negotiation abilities tremendously and we’re excited to see where they take us!

FIRM SPONSORS

CLERKSHIP PROGRAM

STAY TRUE.

If you’re a law student in your penultimate year, our Clerkship Programs will expose you to the fast pace of a full-service commercial law firm and show you the law in action. You’ll be working under the guidance of some of the sharpest legal minds in Australia, on challenging, complex and high-profile transactions and matters. You’ll be mentored by partners and lawyers who are leaders in their fields, in a firm where individuality is embraced and innovation actively encouraged.

Isla Tobin Clayton Utz Graduate, 2019

GRADUATE PROGRAM It’s not just about wearing a suit. There’s always a gap between theory and practice, and post-university prospects can be daunting. How do you make the leap to working in the industry?

That’s where we come in.

Staying true to your direction is what defines Clayton Utz. We’ve built a very special culture that sets our firm apart but don’t just take our word for it. A good lawyer needs compelling evidence - so hear what Isla has to say about her experience at Clayton Utz.

WHY CLAYTON UTZ? When deciding where I wanted to apply for clerkships, I was initially attracted to Clayton Utz because of the firm’s involvement in high-profile, exciting legal work. While that aspect particularly appealed to me, my experience during the recruitment process also gave me an appreciation of what a supportive and inclusive workplace Clayton Utz is. From the very first day of my clerkship, the Clayton Utz team made every effort to ensure that I was having the best possible experience - and that continued when I started as a graduate in March 2019. I’ve not only had the support of my fellow lawyers, but also the support staff and People and Development team, who all work hard to ensure that our professional and personal needs are being met.

claytonutz.com/graduates

MY ROTATIONS My first few weeks were filled with learning more about Clayton Utz and meeting my fellow graduate cohort, after which I started my first rotation in the Public Sector, also had the opportunity to gain some experience in the Major Projects and Construction team, working on some of the largest transport developments in Australia. I really enjoyed the reward of seeing the real-world application of our work in action all around me. After six months, I began my second rotation in the Workplace Relations, Employment and Safety team. I found the people-oriented nature of the work to be fascinating. During this rotation, I spent time on secondment at Canberra Community Law, which was a challenging but highly fulfilling experience. Clayton Utz takes justifiable pride in its Pro Bono practice, and as well as providing opportunities for lawyers to perform day-to-day pro bono work, the firm is also very supportive of longer-term opportunities, such as secondments. I am currently undertaking my third and final rotationin the Public Sector team, focusing on litigation and disputes work.. My role involves a variety of court and tribunal-related work, as well as assistance with an ongoing Royal Commission, privacy impact assessments and general legal research. Soon I will have the opportunity to appear at a tribunal hearing on my own for the first time. I am very excited and looking forward to it!

Once you’ve completed your studies, our national Graduate Program gives you the perfect foundation for your legal career. Our 2.5 week orientation program is designed to ensure that you’ll hit the ground running. It consists of PLT+, local training and a national orientation week in Sydney. Our rotations will help you discover different areas and find the right fit. From day one you’ll be working on complex and sophisticated legal issues, and with our innovative learning and development approach, you’ll get the support to become the best you can be.

You’ll get… • Three rotations of six months in our national practice groups • continuing legal education programs and professional development support • mentoring from some of the best lawyers in the country • a buddy who’ll give you the inside information

• the chance to participate in our Community Connect and Pro Bono programs and really give back

• meaningful performance feedback so you know you’re on • social and sporting activities, because we know it’s not the right track all work and no play.

We hire most of our Graduates from our Clerkship Programs. Occasionally, additional opportunities may arise. These opportunities will be listed on our website.

TOP TIPS WE ARE LOOKING FOR INDIVIDUALS We recognise and value the differences that make us unique. By embracing diverse views, we can provide our clients with innovative solutions. Be yourself throughout the application process and emphasise the qualities that make you stand out. If you are invited to a first round interview, we will also ask you to complete our online psychometric assessment beforehand. There are no right or wrong answers to the questions – your responses simply provide insight into where your likely strengths lie.

We're looking for those who see things differently, the kind of people who bring new ideas and create innovative opportunities for our clients.

ABOUT US With over 25 offices spanning Asia, Europe, Australasia, and the Middle east, we can show you exactly what a world class commercial 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

CLERKSHIP PROGRAM

We select many of our graduates through our vacation clerkships. During this immersive experience, you’ll receive hands-on practical experience, actively contributing, as you work on some of the diverse challenges facing the team you’re collaborating with.

SYDNEY Approximate number of positions

30-35

Clerkship programs

1 Summer

You will gain a deeper understanding of life at the firm and what your future could look like if you join us. Some key features include the opportunity to:

Applications for all 2019/20 programs open

9 June 2020

• Sit within a specific team, delivering real work for key clients

Applications for all 2019/20 programs close

12 July 2020

• Before you join, submit a preference for a team to tailor your experience

Offers made

16 September 2020

• Navigate the first step of your career with partner and graduate mentoring support • Attend workshops and presentations covering all our practice areas • Contribute to our pro bono practice

Great lawyers are both curious and creative. We encourage you to challenge assumptions and open yourself up to new ideas. It’s this growth mindset that creates opportunities for you and your clients. So, what exactly are we looking for?

• Work with cutting edge technology through our innovation projects

There’s no single path to becoming an exceptional commercial lawyer. We look beyond your academic record and your technical aptitude. We’re focussed on finding people who have the curiosity to explore all the angles and the empathy to place themselves in their client’s shoes. Building great relationships takes a certain understanding and as our global village gets ever smaller, we look for graduates who think of themselves as citizens of the world.

JOINING US

HERBERTSMITHFREEHILLS.COM

KEY DATES/DEADLINES

• Networking opportunities to meet people across the firm

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 consultants.

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

PERSONALISE YOUR APPLICATION Tailor your application by conducting thorough research. Our brochure, website and social media channels are good places to start. You can then think about what stands out about us. The more you learn about us, our values and our areas of expertise, the more helpful it will be for your application: this proactive approach will demonstrate your motivation.

REMEMBER, IT'S A TWO WAY PROCESS Meet us at events, online and get to know our people. Think about who you will be meeting in advance and what you would like to ask them. Our lawyers can give you a real insight into who we are, what we do and how we do it. This is your chance to get to know us in a more informal environment and find out whether we are right for you.

LINK EXPERIENCE TO LAW

HOW TO APPLY You can apply online by visiting careers.herbertsmithfreehills.com/au/grads

When talking about your experience, explain how the skills you have gained are relevant to a career in law – and to Herbert Smith Freehills specifically. Consider the way we work and the skills and abilities we look for to deliver high-quality services to our clients.

Tell us about your academic credentials, the skills you have gained from extra-curricular activities and work experience, and why you have the motivation and potential to become a great Herbert Smith Freehills lawyer.

WE ARE LOOKING FOR INDIVIDUALS

We’re committed to working with all candidates to enable them to demonstrate their potential throughout our process.

We recognise and value the differences that make us unique. By embracing diverse views, we can provide our clients with innovative solutions. Be yourself throughout the application process and emphasise the qualities that make you stand out.

If you have any disability-related queries or would like to have a conversation with our team about adjustments, please contact your local Recruitment Contact.

• Dispute Resolution • Employment, Industrial Relations and Safety • Finance • Projects and Infrastructure • Real Estate

Contacts James Keane Graduate Recruitment Manager T +61 2 9322 4313 james.keane@hsf.com

SHOW YOUR POTENTIAL We are not looking for the finished product and we know that gaining legal work experience is increasingly difficult. What we are looking for is your potential to become a Herbert Smith Freehills lawyer. Demonstrate the transferable skills you have gained through the experience you have, legal or non-legal.

CHECK AND DOUBLE CHECK Before you apply, don’t forget to double-check your application for typos.

HERBERTSMITHFREEHILLS.COM

Contacts James Keane Graduate Recruitment Manager T +61 2 9322 4313 james.keane@hsf.com

Welcome to a new dimension of Law

Clerkship Profile careers.kwm.com/en/graduates-australia

careers.kwm.com/en/graduates-australia

We are reimagining the KWM experience for students and graduates with the launch of two online platforms: KWM Virtual Reality and Global Virtual Experience Program. No matter where in the world you live or study, you can be part of KWM.

LUCY PITTAR

LAW CLERK KING & WOOD MALLESONS SUMMER CLERK INTAKE: 2019/20 AREAS OF ROTATION: Projects & Real Estate and Mergers & Acquisitions UNIVERSITY: Australian National University DEGREE: Bachelor of Laws (Hons) / Bachelor of Arts THE APPLICATION AND INTERVIEW PROCESS:

Explore KWM with Virtual Reality Immerse yourself in the KWM Virtual Reality experience and gain insight into the three key elements of the firm: • Our global footprint • The people who make it all possible • And the incredible initiatives the firm has a key hand in.

Kick-start your career with our Virtual Experience Program What’s life really like working at one of the world’s leading corporate law firms? Undertake our Global Virtual Experience Program and bring the KWM experience to life as you complete similar work our Graduates do, build real skills, and confidence while you explore the world of commercial law.

To get ahead with your career in commercial law visit http://landing.kwm.com/vr-vep

The application process confirmed to me that KWM was the firm I wanted to work at! The interviewers were friendly and welcoming, and the interview style was relaxed and conversational – this put me at ease and showed me the positive culture at KWM. The firm also held an ‘Inside a Deal’ evening, which gave me a concrete example of the kind of work I might be involved in at the Canberra KWM office. This helped me see myself working at KWM. The whole process also allowed me to meet lots of my future colleagues, which I really enjoyed – I knew I would love working in such a friendly and supportive office! THE CULTURE: KWM has a lovely culture. Everyone has been so welcoming and supportive, from the very start of the interview process, all the way through to the end of my summer clerkship. Everyone was always happy to answer my questions and to support me in trying new things. The firm is very social, and there were plenty of opportunities to get to know people at morning teas and over firmwide lunches every Wednesday!

THE WORK:

THE SOCIAL LIFE:

I was really interested in and engaged by the work that I was given as a summer clerk. I worked on a range of projects and particularly enjoyed being involved in putting legal advices together. This was challenging at times, but I was given plenty of support in attempting new things and really relished the opportunity to hone my legal skills. In Projects & Real Estate (P&RE), I attended meetings with clients, drafted leases and reviewed legal documents to ensure they protected our clients’ interests. In Mergers & Acquisitions (M&A), I read over contracts and researched case law and legislation to provide advice to some of KWM’s major clients about their legal rights and obligations.

There were a lot of social events over the summer, which were a great way to get to know the other people at the firm. We had the annual firm Christmas party at Pialligo Estate, which was a beautiful venue. I also attended events with the Canberra Innovation Network and the Property Council of Australia during my summer clerkship. Everyone is very social and I had lunch with different people from the office almost every day!

THE SUPPORT: We received a lot of thorough and useful training at the start of the clerkship. All clerks were also paired with buddies in their practice groups, who were great contact points for questions (and coffee). The office is full of friendly and approachable lawyers who were always happy to answer my questions. PRO BONO AND COMMUNITY: KWM places a lot of value in their pro bono work, and there are often opportunities to get involved in pro bono matters. The summer clerks from Canberra and Sydney worked on the ‘ChangeChallenge’, where we got to design a solution to a real-world problem for CARE Australia, one of KWM’s pro bono clients. This was a great experience, which allowed us to apply design thinking principles to a real-world problem, and get feedback on the solution we devised. It was really rewarding work!

WHY I CHOSE KING & WOOD MALLESONS: I chose KWM because I knew that the training and resources would be world-class. I was also impressed by KWM’s international presence as one of the leading firms in Asia, and by the opportunities to work at one of KWM’s Asian offices as a graduate. Finally, I genuinely liked the people I met during my interview process – and it is so important to have a positive relationship with the people you work with.

MY CLERKSHIP VS. MYEXPECTATIONS: I thought that clerks would be given very ‘cushy’ work, like simple administrative tasks and not much in the way of legal work. Instead, I was really excited to be given challenging tasks on a range of matters, and to be able to see the real-world consequences of the work that I put together. I was also really impressed with how thorough our training was, and I learnt a lot! WHO WOULD I RECOMMEND A KWM CLERKSHIP TO: I would recommend KWM to people who are motivated to take on new and challenging work. KWM is also a great fit for people who are friendly, personable and hardworking!

Tips for clerkship success

Make the difference at Ashurst As a global law firm with a rich history spanning almost 200 years, we’ve established ourselves as a leading adviser to corporates, financial institutions and governments, on all areas of the law including finance, M&A, disputes and competition. We’re renowned for helping our clients navigate through a complex and constantly evolving global landscape. With 28 offices across the world’s leading financial and resource centres, we offer the reach and insight of a global network combined with deep local market knowledge. Our people are our greatest asset. We bring together lawyers of the highest calibre with the expertise, industry experience and regional know-how to provide the incisive advice our clients need. As a global team we have a reputation for successfully managing large and complex multi-jurisdictional transactions, disputes and projects.

Ashurst around the globe

Glasgow London Paris Madrid

Brussels Frankfurt Munich Milan Luxembourg Abu Dhabi Jeddah Riyadh

New York Beijing New Delhi Mumbai

Dubai

Tokyo Shanghai

Los Angeles

Hong Kong

Singapore Jakarta

Melbourne

Brisbane * Sydney

* Brisbane has two office locations

countries

Begin now at ashurst.com/students

offices

• In locations with multi-clerkship opportunities, a 3.5 to 4 week clerkship is essentially a long interview for a graduate position

• A clerkship is a great opportunity for you to learn and develop your legal knowledge and skills

• Consider your personal brand and how you want to be perceived and remembered in terms of your strengths and fit with firm

• Take the time to follow up your work providers and get their thoughts on the work you have completed - however be aware of their workload and the timing of asking for feedback

• A great attitude, enthusiasm for any sort of task and the ability to quickly build rapport with others goes a long way

• Acting on this feedback is a great way to demonstrate your ability to learn quickly – a key skill for junior lawyers

Show initiative and seek opportunities

Develop your networks – speak to as many people as possible

• What do you want to get out of your clerkship? What do you want to learn about the firm and what work do you want to get involved in?

• As well firms looking at your abilities and fit to the firm, it’s also your opportunity to find out if this is the place you want to start and establish your career

• Take the initiative to get to know your team as well as other practices across the firm, meet as many people as possible and try to get involved in different types of work, projects and activities

• Take every opportunity to meet people from across the firm to learn about the practice groups and if they are people you would like to work with in the future

3,660 people

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

• Communication is key in a law firm. Take on a variety of work for different people across the team, but don’t forget the importance of managing your priorities and keeping your work providers up to date

Canberra

time zones

Remember to request feedback after completing tasks

Keep your supervisor updated on workload and schedule Port Moresby

Perth

Be self-aware and remember that first impressions count

1,583 lawyers

Connect with us on

412

• Clerkships involve a number of training sessions and other activities so it’s important to keep people informed as to where you will be if you are away from your desk for a long period of time

partners

Connect with us on

Practical Legal Training Canberra

Corrs Chambers Westgarth Be exceptional

Corrs Chambers Westgarth is Australia’s leading independent Australian law firm. We’re known and respected for delivering legal excellence, exceptional client service and outstanding results. Cormac Foley Solicitor, Danny King Legal Graduate of the Practical Legal Training Program

• • • • • •

Just 5 days face-to-face learning Onsites held at the University of Canberra 15 weeks full-time or 30 weeks part-time study options Five start dates in Canberra in 2020 Emphasis on task-based learning Offering PLT in Canberra since 2004

Learn more at collaw.edu.au/PLT

Through our long-term relationships with leading law firms across the world, we advise on the most significant global matters and connect with the best lawyers internationally to provide our clients with the right team for every engagement.

Corrs offers •

Opportunities to work on high-profile and complex matters

•

Mentoring by leading partners

•

International secondment opportunities to premium independent firms in locations such as New York, London, Paris, Frankfurt, Hong Kong, Singapore and Tokyo

•

Scholarships to study at leading international universities including Oxford, Cambridge and Harvard

•

Opportunities to contribute to our award-winning pro-bono program

Locations •

Brisbane

•

Sydney

•

Melbourne

•

Perth

•

PNG

Clerkship applications open in June each year. For more information visit corrs.com.au/graduates.

ARE YOU READY TO BE BOLD? Not all corporate law firms are the same. If you’re up for the challenge of working with Australia’s most innovative corporate law firm, learn more via gtlaw.com.au/bebold

Your future. Your choice. Choose to make an impact. Emily Hill, Lawyer, Canberra Shares her career journey, hints and tips.

e an i

What roles have you worked in since joining MinterEllison? I first started working at MinterEllison as a summer clerk, in November 2017. During my clerkship, I rotated through the Government and Administrative Law, Commercial and Regulatory and Dispute Resolution teams. After that, I worked part-time as a paralegal in the Government and Administrative Law team while I completed my law degree, before starting as a graduate in March 2019. In October 2019, I was admitted to practice, and I’m now a lawyer.

What do you enjoy most about working at MinterEllison? I get to work on exciting, challenging and high profile legal matters where I can learn from specialised lawyers who are experts in their chosen field, in an environment where I genuinely enjoy coming to work, feel comfortable being myself and have fun. To me, MinterEllison’s emphasis on positive growth and learning is invaluable. My partner, buddy and team are always willing to answer my questions. I also love that MinterEllison’s focus on sustainable ways of working means I’m able to pursue my interests outside of work, such as road running.

Have you been on any secondments? I’ve been on two secondments since joining MinterEllison. As a paralegal, I spent time in the Freedom of Information Team at the Department of Human Services. Prior to joining MinterEllison,

graduates.minterellison.com

I had worked at the Department in a number of teams, and this secondment helped me to build my relationships, in addition to developing my legal skills in a fascinating area of law. As a graduate, I attended a virtual secondment at the National Disability Insurance Agency to assist with case management.

What advice would you give to someone who is applying to MinterEllison’s clerkship program? If you’re keen to apply to MinterEllison, my advice would be to identify three to five key attributes that set you apart from other candidates, and how those attributes would be beneficial in creating lasting impacts for our clients. Many of the people applying to MinterEllison have exceptional grades, some legal experience and co-curricular activities. Instead, go further and think about what you have learnt and gained through those experiences and other experiences that might be more ‘outside the box’, and how you can use and build on them at MinterEllison. For me, I left school after Year 10 to pursue riding horses at a national level, before having a ‘light bulb’ moment that I wanted to pursue a career was a lawyer. This meant returning to school to complete Year 12 as a 21 year old, back in a school uniform, before studying law as a mature age student. Sharing this story allowed me to demonstrate my genuine interest and desire in practicing law.

Coming Soon to Working at Jones Day…

Practical Legal Training From Leo Cussen

One Firm WorldwideSM Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs. The Firm’s 125 years of sustained growth—in experience, reputation and successful client interaction—have been built by its dedication to a ‘One Firm Worldwide’ philosophy, which fosters the creation of interoffice and cross-practice teams, assembled to ensure that clients receive the best possible guidance and representation, without regard to barriers conventionally imposed by geography, borders, time zones or language.

Australia Jones Day’s presence in Australia has grown significantly. The Firm has added new offices in Melbourne, Perth and Brisbane over the last five years in addition to our office in Sydney, reflecting our commitment to expanding our service to the Australian market. Our lawyers work in a dynamic and stimulating multidisciplinary environment by collaborating with colleagues from different practices and different offices worldwide. We continue to attract many of the legal industry’s most highly regarded and sought-after lawyers while maintaining our focus on promoting internal talent through the ranks.

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

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

Graduate and Summer Clerkship Program We run a summer clerkship program at Jones Day across our offices in Australia that offers selected positions to talented students who are at their penultimate year at university. We give our summer clerks real work for real clients, to provide them an opportunity to learn what the practice of law at a large firm is all about. Providing challenging assignments also allows us to assess summer clerks’ potential to deliver first-rate legal services and to flourish in Jones Day’s culture. We aim for summer clerks to be become future graduates of the Firm.

A Culture of Client Service and Collaboration Jones Day’s commitment to client service means our lawyers work together in a collaborative atmosphere where teamwork is essential, respect for and from colleagues is the norm, and credit is shared for a job well done. In fact, every facet of the Firm is structured to promote an environment that’s client-focused, but also professionally fulfilling for lawyers at any career stage. We expect our lawyers to focus completely on a client’s needs, with the full support and encouragement of their peers. We recognize that partners and associates alike contribute to the Firm in a variety of ways, and we reward lawyers for their overall contributions to the Firm and for promoting the Firm’s values.

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

From January 2021 Leo Cussen Centre for Law will be delivering practical legal training at ANU, available for all ANU law students along with law graduates from other institutions.

What makes us unique? • Legal Skills Experience thorough and personalised training in client communication, negotiation and advocacy. • Business Skills Learn effective client engagement, management of deadlines and client billing, just like you’ll need in practice. • Career Support Dedicated Careers Advisor to support your job placement and preparation.

Learn more leocussen.edu.au

• Mentoring Receive comprehensive feedback and personalised support from your lawyer mentor, with regular one-onone feedback as you work. • Confidence Build your confidence through continuous practical assessment and individual feedback on your progress.

1300 039 031 enrolment@leocussen.edu.au