COMPETITIONS GUIDE
2021
TABLE OF CONTENTS
1 2 3
General Information (6) 1.1 1.2 1.3 1.4 1.5
Competitions and New Initiatives in 2021 (6) Workshops (7) Ways to Get Involved (8) GLP (Global Leadership Program) (10) Additional Resources (10)
4 5 6
Intervarsity Competitions (26)
Professional Skills Competitions (11) 2.1 2.2 2.3 2.4
Client Interview (12) Negotiations (14) Paper Presentation (16) Alternative Dispute Resolution (ADR) (18)
Advocacy Competitions (20) 3.1 Mooting (21) 3.2 Witness Examination (24)
From The Bench (28)
What MULS Competition Are You? (35)
Acknowledgements Macquarie University Law Society acknowledges the traditional custodians of the Macquarie University Land, the Wattamattagal clan of the Darug Nation, whose cultures and customs have nurtured, and continue to nurture, this land, since the Dreamtime. We pay our respects to Elders past and present.
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Macquarie University Law Society 2021 Competitions Guide
EDITOR’S NOTE The Competitions Guide is an amalgamation of various competition manuals, combined with personal insights from previous competitors and judges. Inside you will find information about how each competition is run, in addition to advice on how to succeed and further improve. I hope that this guide serves as a useful resource to return to whenever you need inspiration or guidance. I look forward to seeing you get involved this year and am cheering for you. P.S. Check out Section 6 to find out what MULS Competition you are! Angela Dela Cruz
PRESIDENT’S WELCOME May it please the Court? BATNA? WATNA? Alternative Options? Hearsay? Your Honour? These are just some of the legal terms that I encountered in my first year of university whilst competing in MULS competitions. Throughout my time at Macquarie I have competed in the majority of the competitions that we have to offer and have even represented the university nationally in a few intervarsity moots. Throughout my participation, I have not only significantly developed my public speaking and confidence, I have also met professional mentors as well as created long lasting friendships with fellow competitors. As an avid competitor, my best piece of advice is to be open to the judge’s feedback and ask them questions about competing or their careers. Most of our judges are alumni who have had some unique experiences and work in pretty amazing places! I am very excited for this Competitions Guide to be in your digital hands, and hope that it helps build your understanding and confidence to participate in the variety of competitions MULS has to offer. I want to thank our Competitions and Publications Portfolios for their hard work and dedication on this guide. Lastly, I hope that this guide makes you feel like Elle Woods in her Harvard video essay, where you feel comfortable using the above “legal jargon in everyday life”. Cheers, Lucy Sheppard
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PUBLICATION AND COMPETITIONS DIRECTOR WELCOME Welcome to MULS Competitions Guide! We are very excited to welcome you to this brand new Competitions Guide. Participating in competitions are a great way for students to develop essential skills for legal practice, network and make friends. It is a unique and valuable way to apply the knowledge gained from university study. This guide contains information on the competitions that MULS offers throughout the year. It includes a brief summary of each competition, their requirements as well as insight from judges and past competitors. The guide aims to encourage and inform students who have not competed before, whether they are in first year or their final year. It aims also to support current competitors and provide further understanding of competing and succeeding. We would like to extend our thanks to the Editor, the Competitions Executives, past competitors, judges and all others who contributed to the guide. It would not have been possible without all your support and insight! We hope that all readers will find it helpful and be keen and confident to get involved in MULS competitions in 2021! Matthew Lo and Pip Rich
MEET THE COMPETITIONS TEAM
From Left to Right: Tole Roebig, Maryrose Sukkar, Marcelo González Danke, Isabella Kiparizov, Pip Rich, Seren Ozdemir, Brendan Piech and Billy Co
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Macquarie University Law Society 2021 Competitions Guide
Pip Rich Director (Competitions) competitions@muls.org
Billy Co Executive Officer (Competitions - Externals) externalcomps@muls.org
Marcelo González Danke Executive Officer (Competitions - Foundations) foundationcomps@muls.org
Tole Roebig Executive Officer (Competitions - Foundations) novicecomp@muls.org
Isabella Kiparizov Executive Officer (Competitions - Advocacy) compsadvocacy1@muls.org
Brendan Piech Executive Officer (Competitions - Advocacy) compsadvocacy@muls.org
Seren Ozdemir Executive Officer (Competitions - Professional Skills) compsskills1@muls.org
Maryrose Sukkar Executive Officer (Competitions - Professional Skills) compsskills@muls.org
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1. GENERAL INFORMATION COMPETITIONS IN 2021 Semester
1
Semester
Negotiations
Alternative Dispute Resolution (ADR)
Senior Client Interview
Law Reform Paper Presentation Junior Client Interview
Championship Moot
Diversity and Pride Moot
Criminal Law Moot LLM/PHD Moot
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Environmental Law Intervarsity Moot Contract Law Moot Foundational Law Moot
!?
Be sure to follow the MULS Facebook page for the exact dates of competitions and for information about External competitions.
Novice Moot Witness Examination
1.1 COMPETITIONS AND INITIATIVES IN 2021 Diverse/ Pride Moot A new competition has been created in the hopes of reflecting MULS’ commitment to equality and diversity. The Diverse/ Pride Moot will have a key focus on the laws surrounding equality, diversity and the LGBTQI+community. Areas of law may relate to issues such as discrimination, marriage and relationships.
LLM/PHD Moot For the first time, MULS has set up a Moot which is tailored for LLM and PHD students, allowing students to compete with their fellow colleagues. This competition will give LLM and PHD students the ability to set up teams, gain practical experience and construct cases to present to the judges. Taking part in this competition will provide great practical experience for LLM/PHD students to further develop their advocacy skills.
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Paper Presentation Law Reform Competition In collaboration with the Social Justice team, the 2021 Paper Presentation Competition will have a focus on law reform. Students are invited to present their findings and recommendations for legal reform on an issue of their choice. This may include previously submitted coursework such as an essay for LAWS1300 Criminal Justice or an original paper. This competition will allow students to develop skills such as critical thinking and problem solving, as they are encouraged to evaluate current legislation and provide solutions to resolve issues in the current legal framework.
1.2 WORKSHOPS Judging Workshop The Mooting Judge workshop is a new initiative starting in 2021. MULS prides itself on their ability to provide and maintain a high-quality pool of judges for mooting competitions throughout the year. The Mooting Judge workshop is designed to encourage and guide new talent to the moot judge pool, ensuring a diverse bench for each moot. Students that have demonstrated success within MULS mooting competitions are encouraged to attend and learn from experienced mooting judges. The Mooting Judging Workshop will be held on the 25th of February 2021, with recordings made available online on the Macquarie University Law Society website.
Mooting Workshop The Mooting Workshop provides students with a general introduction to Mooting competitions. This workshop is a valuable opportunity for students to meet the competition organisers, who run the competition and support student competitors. Additionally, the workshop will cover the nature of Mooting competitions, the dates of upcoming moots and the value of competing. Mooting Workshops will be held on campus on the 3rd and 17th of March 2021, with recordings made available online on the Macquarie University Law Society website.
Professional Skills Workshop The Professional Skills Workshop is a valuable opportunity for students to learn more about Professional Skills Competitions, such as Client Interview, Negotiations, Paper Presentation and Alternative Dispute Resolution. You will be able to see live demonstrations of Professional Skills competitions and gain valuable insight into the nature of competitions, with tips and tricks about competing. Professional Skills Workshops will be held on campus on the 24th of February 2021, with recordings made available online on the Macquarie University Law Society website.
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1.3 WAYS TO GET INVOLVED There are many ways to get involved and gain invaluable experiences in Competitions, regardless of whether you’re just starting your law school journey or are an experienced competitor. The possibilities and benefits are endless.
Participate in a Competition The gateway to the world of MULS Competitions is by participating in the large selection of available competitions under four separate areas – Foundations, Advocacy, Professional Skills, and Externals. If you are interested in finding out more, please check out the MULS website for each competition’s rules.
Types of competitions Foundations Foundations offer introductory moots for new competitors . Students who completed LAWS115 in the previous semester are eligible for the Foundations mootStudents who have never competed in a MULS competition and are beyond their first-year are eligible to participate in the Novice moot. Advocacy Advocacy competitions apply subject-based content, including criminal, contract, tort or evidence law. It allows students to gain advocacy skills by applying the knowledge they gained from their studies and developing it through legal research, teamwork, and communication. Professional Skills MULS offers competitions that focus on developing key professional skills that are highly valuable and desired in the legal sector. These skills are developed through competitions such as Negotiations, Client Interview, Paper Presentation and Alternative Dispute Resolution. Externals Outside of MULS competitions, students may have the opportunity to compete against other universities (intervarsity) or internationally. Please see the external rules guide for more information.
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Other ways to get involved Witness or Client
Judge a Competition
Competition Team Representative
Acting as a witness or client for a competition is a good way to get exposed to competing, and understanding the skills and benefits of competing.
Judging is open to students who have previously been successful competing before.
The Competitions Team Representatives is a way for students to get involved in MULS competitions without actually competing or being a judge. Students Representatives will support the competitions team with administrative duties, logistics and as a competition witness or client.
This is especially beneficial for students in their first year or those who are unable to compete, but is open to anyone wishing to gain this exposure.
Although judges are also made up of barristers, solicitors and professors, student judges are key to maintaining the livelihood of MULS competitions. The ability to judge a moot, a negotiation, or other any competition is incredibly beneficial and builds great skills.
For more information, look out for the registration link on our Facebook page.
Please see the relevant rules for professional skills, advocacy and foundations as to the student requirements for judging.
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1.4 GLOBAL LEADERSHIP PROGRAM (GLP) The GLP Leadership Program is a co-curricular program offered at Macquarie with a focus on cross-cultural leadership, entrepreneurship and knowledge. Contributing to MULS competitions is recognised by the Global Leadership Program (GLP), and may satisfy the completion of experiential credit. As always pre-approval of activities from your GLP Advisor is strongly recommended. For more information, click here. • •
Participating in a competition may fall under GLP code GL X14, or X31. Acting as a Competitions Representative may satisfy GLX25A, GLX09A or GLX04A.
1.5 MULS MEMBERSHIP While membership is not required to participate in a MULS competition, it is highly recommended that you sign up to become a MULS Member. MULS Membership costs $5 for Macquarie University students and provides a number of benefits. For example, members receive priority entry into competitions, increasing your chances of being selected to compete in competitions with limited registration.
1.6 ADDITIONAL RESOURCES For additional resources, such as competition manuals and rules, visit the MULS website. Check out the MULS Facebook page where you can find archives of live stream recordings of competitions and previous workshops.
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Additionally, you will receive benefits such as: • 10% discount at Cult Eatery (various locations at Macquarie University campus) • Discounts on majority of MULS event tickets • Receive our fortnightly newsletter, From the Bench Sign up here, or visit the MULS website.
2.
PROFESSIONAL SKILLS COMPETITIONS
2.1 CLIENT INTERVIEW Structure of the Client Interview Competition The structure of the competitions is as follows:
1 2 3 4 5 6
Leading up to the interview, teams will receive an Office Memorandum briefly indicating the general nature of the client’s problem.
The Aim of the Client Interview The Client Interview competition allows students to practise their interpersonal skills as they interview potential clients, and seek to extract the relevant information required to present solutions to their issue.
Teams will conduct a brief interview with a client. Competitors will utilise listening and questioning techniques to elicit information that is withheld, necessary and useful, then present alternative solutions. Following the conclusion of the Client Interview, competitors conduct a postinterview consultation with the judges. Following the conclusion of both team’s interviews, judges present the outcome of the Client Interview round. This process continues for each round of the competition.
The Judging of Client Interview Competition Judges are provided with criteria to evaluate competitors. This includes the competing team’s ability to: Establish an effective working atmosphere with the client. Correctly ascertain and manage the client’s initial goals and expectations. Efficiently elicit important information from the client. Uphold the professional duties of lawyers.
How to Prepare
Inform the client with relevant and appropriate alternative solutions.
1. Practice small talk. 2. Research ADR options. 3. Familiarise yourself with the structure of how you will conduct the interview and practice with your partner. See below for an example.
Self-analysis and critique of the team’s performance during post-consultation.
Model 4-Part Interview Structure
Icebreaking The aim of the icebreaking stage of the client interview is to build rapport with the client, creating a working atmosphere.
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Initial problem identification Requires Teams to make a preliminary assessment of the client’s problem and ideal goals for the interview.
Macquarie University Law Society 2021 Competitions Guide
Information gathering The client provides a general explanation of the problematic situation, Teams then attempt to elicit information of importance.
Closing Teams make a tentative assessment of the problem that the client has presented, offering potential solutions tailored to the individual nature of each client’s scenario before concluding the interview.
Tips and Tricks from Previous Client Interview Competitors Amelia McCann Junior Client Interview Competition Grand Finalist Runner-Up 2020
What can I expect to learn from competing in MULS Client Interview competitions?
Brendan Piech Junior Client Interview Competition Grand Finalist Runner-Up 2020
I’ve just started my degree; will I be able to compete? Yes, you will be able to compete in Junior Client Interview. Success in the Client Interview competition is reliant upon a strong set of interpersonal skills rather than knowledge of certain areas of law. These skills are not derived from any particular law unit and are developed throughout the competition.
Darcy Munce Senior Client Interview Competition Grand Finalist Winner 2020
Whilst competing, what challenge did you face and how did you overcome it? This year’s competition was characterised by the additional challenge of competing via Zoom due to the Covid-19 pandemic. Whilst this created a new obstacle to MULS competitions, it also allowed for a fantastic opportunity to develop skills which will undoubtedly be required in our forthcoming careers.
You will develop your understanding of the interview structure and how it can best be used to identify and address client-centred legal issues. Receiving feedback from the judge/s at the end of each round in the competition will be an especially helpful learning opportunity. The feedback will allow you to gain a better understanding of your strengths and weaknesses as a client interviewer, and improve your use of this professional skill.
What unexpected benefit did you gain from competing in MULS Client Interview competitions? The post-interview debriefs with my teammate created an unforeseen opportunity for self-reflection and introspection, that is not available in other competitions. It was a unique experience to be judged on our ability to have an honest conversation with a colleague; about the realistic likelihood of success for a client, ethical issues that need to be appropriately handled, and through an evaluation of our performance throughout the interview.
Owen Smith Senior Client Interview Competition Winner 2020
There are many different MULS competitions, why should I choose the Client Interview competition? For students who are unsure of whether adversarial competitions suit them, the client interview competition is a great way to develop skills and compete against their peers. The skills required and the experience itself are universal. You must listen carefully, think critically, and advise thoughtfully — a process which is applicable to any career, not only for lawyers. Will the experience gained from competing be useful once I graduate? Yes. Before the client interview competition, I had been naive to an important reality of legal problem solving. The client tends not to think of their situation as a “legal problem” and they definitely do not care about “ILAC/IRAC”. Their problem is a complicated mixture of dilemmas: commercial, familial, financial, or ethical — and your role as a solicitor is to advise them on their rights and obligations in law.
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2.2 NEGOTIATIONS Structure
Aim
Each round in the competition is structured with two opposing teams of two. Both teams are privy to a common set of facts, in addition to confidential information for their respective client. The teams have 50 minutes to reach a settlement that satisfies their client's interests, followed by a 10 minute private post-consultation with the judges regarding their performance.
The Negotiations Competition replicates the negotiation process between parties resolving disputes outside of Court. The aim of the competition is for competitors to develop the ability to strategically reach a settlement in good faith.
Judging Criteria The performance of a team is judged on various factors. Evidence of a planned strategy. Adaptability to the opposing teams’ confidential information. Meeting the client’s interests through initiating creative settlements that satisfy the client's interests. Good teamwork and maintaining a co-operative relationship with the other team. Maintaining the ethical obligations required of lawyers during negotiations. Self-reflection of strengths and weaknesses.
How to Prepare •
Take the time to initially read through the information given to you separately from your team mate. Try and look out for the key information such as key interests of parties, issues in contention, and facts useful for potentially reaching a settlement.
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Confer with your partner regarding the key interests of both clients. This involves planning what concessions may be given, what terms of settlement are essential and which terms of settlement may likely be successful.
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Plan how the negotiation will run. Whilst there is a general structure which a negotiation will follow, a different approach may make more sense depending on the circumstances of the question. For example, teams may agree to skip past certain facts if there are more important issues to discuss.
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Plan your strategy. This involves the decision of whether or not your team should disclose your secret facts, and what concessions may be gained from the other team by putting forward these facts. It also involves determining the extent of the concessions you are willing to provide and what terms of settlement you should pursue.
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Keep in mind that the other team has access to secret information that you are not privy to. This means that your team must be flexible and able to adapt your strategy around unforeseen factors in the middle of the negotiation.
Tips and tricks from previous Negotiations competitors
Matthew Lo Negotiations Competition Semi-Finalist 2020
What is the most important thing in preparing for the competition? An important thing to keep in mind when preparing is to be organised and systematic! Matt and I use a Google Doc to set out the following for each issue: our client’s position, the other side’s position and a ‘pitch’ to them of a mutually beneficial agreement. We make note of the things our client can compromise on as well as the essential things we need to walk away with. This planning allows us to enter the negotiation with a clear idea of what we need to achieve and how. Most surprising challenge that you wouldn’t have anticipated? That no matter how attractive or mutually beneficial an offer you make to the other side seems to you, they can still decide to reject it. Competitors will be judged on their adaptability and creativity in working to meet the demands of the other side as well as the needs of their client despite unexpected turns in the negotiation. The key is to remain calm in the moment and essentially push back on the opponent’s pushback. Competitors can use the opportunity to take a 5 minute break and discuss their options. You should review their current position, the client’s bottom line and what you can compromise on. You can then come back to the negotiation and ask questions to better understand the other side’s position on the issue and sweeten the offer.
Matthew Nivelleau Negotiations Competition Semi-Finalist 2020
What strategies did you use to navigate around important new information revealed by the other team during the negotiation? All of the strategies I have used are based on how I can achieve the Best Alternative to a Negotiated Agreement (BATNA). One strategy that I would always try is to be as creative but realistic as possible with my solutions. Thinking creatively means going beyond what the facts and any new information from the other team can dictate. However, I would make sure that the solutions are economically and practically feasible for the client. For example, if the client is having issues with their finances, I would refrain from offering any money that the client doesn’t have! What mindset or approach should competitors have when walking into a negotiations competition? My advice for competitors is to use the positional approach. This approach requires you to use the information you are given to establish the minimum amount of money that you are willing to accept or the maximum amount of money that you are willing to give. It is important to use your knowledge of the circumstances to rationalise why your party’s case is reasonable and to stay as close to your ideal price as possible.
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2.3 PAPER PRESENTATION Aim
Structure
The Paper Presentation competition is a wonderful opportunity to present an academic paper on a legal issue of your choice. It is designed to promote legal scholarship and foster the oratory skills of participants in the presentation of controversial legal issues.
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The competition is structured into a written submission and an oral component.
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All written submissions must be between 2,500 and 5,000 words, including explanatory footnotes.
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The submission must also be anonymised and citations need to conform with the AGLC4.
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Written submissions are all marked by one judge that will not be present in any of the judging panels for the oral presentations.
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Oral presentations are separated into two rounds; the preliminary round and the Grand Final. The winner is determined on the total marks for their oral and written submissions.
Judging Criteria Both the oral and written component constitute 40 marks each. The following factors are taken into consideration by the judges:
Oral
Written
Organised, confident and logical flow of expression.
The challenging nature of the chosen subject matter.
Engages the audience through excellent interpersonal skills and effective visual aids.
Clearly defined and structured ideas.
Demonstrates a clear mastery of the subject matter, appreciating its legal and policy aspects. Directly answers questions in a focused manner.
Critically evaluates primary and secondary sources. Reasonable argument appropriately supported by evidence. Referencing consistent with the AGLC4, along with correct grammar.
How to Prepare Choosing an essay topic It is best to choose something that you are passionate about. This will increase your motivation in researching the topic and ease the mental burden of writing. You may want to look at controversial issues that stuck with you from one of your previous units as a source of inspiration for your paper. Writing your essay You should set out a schedule to help you maintain constant progress. A task oriented approach is recommended, breaking down the project into a series of small divisible tasks and assigning each a time of completion. This helps you visualise concrete progress in your essay and helps with motivation.
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Tips and tricks from previous Paper Presentation competitors
Anjali Paper Presentation Grand Finalist Winner 2020
What were the biggest challenges you found during this competition? Condensing a very complex issue into accessible, plain English and being selective of what I chose to present to the adjudicators. There was a colossal amount of information as the topic I chose is multidimensional and complex. Also preparing for the Q&A component by trying to turn my mind to different things the adjudicators could consider. How did you figure out what you wanted to write about? The topic I chose was based on my personal interest in the role of autonomous weapons in warfare. It arose from my studies of War Law, where I had explored the topic in a research essay. In that essay, I wrote about the significance of the Martens Clause in regulating autonomous weapons under international humanitarian law. I then expanded on those ideas in my honours thesis with a focus on interpreting meaningful human control within the realm of autonomous weapons. When the paper presentation came round, I wanted to further distil some of these ideas.
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2.4 ALTERNATIVE DISPUTE RESOLUTION (ADR) Aim The Alternate Dispute Resolution (ADR) Championship is a competition that aims to replicate the ADR process that is often encountered in legal practice.
Structure
Judging Criteria
Client Interview
The competition begins with a client interview, where competitors are tasked with eliciting information from their clients of all the relevant facts.
Participants are judged on their ability to create a co-operative atmosphere with the client, understand the client's position and assist them in making informed choices.
Negotiation
The negotiation involves two opposing teams attempting to reach a settlement that is favourable to their client's interests.
Participants are judged on their apparent preparedness, adaptability to new information and achieving an outcome favourable to their client's interests.
The letter of advice component constitutes a written submission purporting to advise the client on their options within the ADR framework.
Participants are judged on their ability to preliminarily apply the law, explore potential options for the client and maintain plain English writing.
The final component of the competition involves a presentation of the client's case to a judge or a panel of judges, simulating a briefing on a client's case to a partner in your firm.
Participants are judged on their ability to summarise the client's position and ADR options, self-evaluate their performance and analyse the potential outcomes if the matter proceeds to litigation.
Teams of two are allocated into one of two streams, each acting for one of the two parties involved in the hypothetical dispute.
Letter of Advice
Presentation
How to Prepare Your main focus throughout the entire competition should be the best interest of your client. Ways to do this include: •
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Distinguish between what your client is asking of you and what their interests are. It is more likely to result in a successful settlement if you pursue your clients’ interest, rather than what they are asking for. Before the negotiation, strategise how to leverage confidential facts.
Macquarie University Law Society 2021 Competitions Guide
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For the letter of advice, get straight to the point, writing a succinct letter that covers all the bases of the marking criteria entirely in plain English.
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For the presentation, go through the competition in chronological order and summarise how your team approached each component; what the results were, what went well and not so well, and how you could improve in the future.
Tips and tricks from previous ADR competitors Adrian Brett ADR Competition Winner 2020
What should competitors keep in mind when writing the letter of advice? When writing the letter of advice, it is crucial that competitors avoid using legalese and complex language. Instead, competitors should try tailoring the letter of advice to the intended audience. For example, if the client is somebody with no commercial or legal background, and has never previously engaged a lawyer, short and simple sentences will help you effectively convey your advice in a digestible format for the client. Competitors should also consider putting an executive summary at the start of their letters of advice. This way, it allows the client to be informed of the material advice without needing to search within the document for it. An executive summary should be no more than a few sentences long. Proofreading is an essential skill to success as a lawyer. It is important that competitors review their document thoroughly before sending it off.
Isabella Maurici ADR Grand Finalist Winner 2020
Which component of the ADR did you find most challenging? Surprisingly, it was the letter of advice for me. I underestimated how difficult it would be to summarise the status of the matter in an hour, whilst making sure we were clear and effective in our approach. Although it is a challenging component of the competition, it is a great skill to refine through competitions as drafting clear advice is a large part of being a lawyer. My best tip would be to plan out how you will hit all the key points first, then write as succinctly (and quickly) as possible! How did you make the most of the limited time between deadlines during the competition? A simple but very effective tip is to leave a stopwatch on the table where you can see it (pro tip: use a stopwatch rather than a timer so it doesn’t go off and derail you during close). You should also plan your time and have a rough agenda prepared according to which issues you feel are the most significant. You may not strictly stick to it, but it may stop you from spending too much time on less significant issues.
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3.
ADVOCACY COMPETITIONS
3.1 MOOTING Aim In previous years, MULS has offered three types of competitions: the Foundations Moot, Novice Moot and Subject-based moots. Each moot is specifically designed to suit students at varying stages of their degrees. This year, there will be an additional two moots, the LLM/PHD Moot and the Diverse/Pride Moot. These will run in a similar fashion to existing moot competitions.
Foundations/ Novice Moot
Subject-based moots
The Foundations Moot is an introductory competition to provide first year students with experience in mooting. Competitors are challenged to apply the knowledge and skills they have developed in the Foundations of Law unit, such as statutory interpretation, legal writing and reasoning.
The subject based moots are challenging but rewarding competitions. In the past, MULS has run competitions centred around contract, criminal and tort law. These moots are a great opportunity to utilise and apply your knowledge and skills in specific areas of law.
Similarly, the Novice Moot provides an introductory experience for students who are further in their studies, but have not competed in a moot before. The questions tend to be more complex and focus on greater aspects of the law than the Foundations Moot questions. Please note you may only compete in the Novice and Foundations moots if you have not previously competed in a MULS moot.
Furthermore, they provide a great opportunity to network with other high achieving students and practicing legal professionals. Please note that while the subject based moots are open to everyone, it is recommended that students who haven’t competed in a moot before attempt the Novice moot competition.
Structure
How to prepare
1. Competitors are provided with a hypothetical scenario prior to the competition which they are to prepare written submissions for, this is then sent to the opposing team. 2. Teams will then present their oral submissions to a panel of judges. Each oral submission is presented in two parts, with teams presenting their arguments through a senior counsel and junior counsel. 3. Both teams will present, beginning with the appellants submissions followed by the submissions for the respondent. During each counsel’s submissions, judges will periodically interrupt the speakers to ask questions relevant to each party’s argument. 4. Once all submissions are concluded, judges will retire to consider the results, and will return to announce the successful party and provide feedback to the competitors. Each moot has several preliminary rounds.
Make sure you attempt to answer all questions asked by the judge, keeping in mind to take a second to think about a formulated answer. Mooting requires a lot of work and can be time consuming. Make sure to plan and prepare in advance so you don’t get overwhelmed by the high workload at the last minute. Refer to the High Court of Australia’s current cases page for help structuring your written submissions. Finding useful cases can be tricky, make sure to utilise both Lexis Advance and other online databases, as well as your textbooks and study materials to ensure your argument is as strong as it can be.
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Judging Criteria Despite the myriad of mooting competitions offered to students throughout the year, the marking criterion for all internal mooting competitions remain the same. While a competing team will receive a shared score for their written submissions, competitors acting as Senior and Junior Counsel will receive separate scores based on their oral submissions, which are assessed in accordance to the following criterion:
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Questions from the Bench Measures the manner in which the competitor engages with the bench’s comments, questions and views, such as the integration of arguments within responses, ability to address irrelevant questions. High marks will be awarded for being able to address difficult and obscure questions with eloquence, precision and confidence.
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Organisation of Presentation Assesses a competitor’s knowledge of the relevant law and whether it is set out in a logical and orderly structure. Knowledge of the relevant law would often include legal tests, principles and exceptions with the appropriate weight allocated accordingly.
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Development of Argument Tests the depth of the competitor’s knowledge by assessing the extent of which the submitted principles can be applied to the facts while being adaptable enough to concede where necessary. Additional marks will also be awarded for anticipating (as appellant) or responding to (as respondent) submissions from the opposing team.
Manner & Expression Observes and reflects the manner in which competitors have conducted themselves in the course of delivering their written submissions. In addition to public speaking skills, competitors are scored in accordance with their adherence to courtroom formalities and conversational style with the sitting bench.
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Written Submissions There is no officially prescribed format for written submissions, however, points of focus will concentrate on coverage of the issues raised by the moot question. Written submissions should be delivered in a well structured and succinct manner. Excellent written submissions will also pay heed to minute details, such as use of correct citations coupled with demonstration of research skills.
Tips and Tricks from previous Foundations competitors Taylor McCoy Novice Competition Winner 2020
Why did you initially decide to participate in mooting and what was your experience as a first time mooter? I wanted to participate in mooting because it offered an opportunity to engage with a unique aspect of the law that isn’t really explored during theoretical study; advocacy. The thrill of receiving the facts of a matter and working with your team to build a case to represent your client was incredibly rewarding, and has changed how I now look at the law. Whilst the first time I spoke as counsel was scary and I was very nervous, the feedback given by the judges helped me to hone my skills and feel more confident in my abilities as an advocate. Top tips for other students considering participating in mooting? Well firstly, sign up! It may seem daunting but mooting is such a worthwhile experience. Take the plunge! Secondly, and just as importantly, don’t be afraid to make mistakes. If you are mooting for the first time, it is normal to make mistakes. It is much better to give yourself the freedom to mess up and receive feedback from the judges in the early rounds, as it provides you with a wealth of knowledge and wisdom in the later rounds. Thirdly, teamwork makes the dream work. Find people who you work well with and can adapt to curve balls. This year mooting looked very different for all the competitors. The teams that succeeded were the ones who could work efficiently as a team, even behind a screen.
Issy Elleker Novice Competition Winner 2020
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What skills have you developed through your involvement in the novice moot? I have learnt the fundamental basics of how to argue the law in a formal setting. From not knowing what ‘Your Honour’ was, I have definitely learnt a lot. It was challenging to moot via Zoom, as learning to present to a screen was an added obstacle to learning how to moot.
Tips and Tricks from previous Subject-based moot competitors Matthew Harris Contract Law Moot Semi-Finalist 2017; Torts Law Moot Winner 2018; Championship Moot Winner; and Best Speaker 2020
How has your participation in mooting impacted your professional development? Mooting has had a tremendously positive impact on my professional development. Not only is participation in mooting something good to have on your CV, it is a valuable learning experience in teamwork, time management and legal research - all things necessary for a career in law. Subject-based mooting has the effect of cementing knowledge in specific areas of law. I can think of a number of occasions where in my job I’ve used cases and arguments developed for a moot to help real-world clients. What were the main challenges you faced when preparing and researching for moots, and how did you manage them? When I was new to mooting, time management and confidence were the two main challenges. Making time on top of an already busy schedule is something that is necessary to do well in mooting. I managed my time by blocking out parts of my day to focus on moot preparations. Similarly, working with your team and sharing work around is very important. Everyone has been on a group assignment where group members don’t pull their weight - on a moot team, that can be a recipe for disaster. Efficient research is also something I found quite challenging. I would often find myself spending hours reading cases and still not properly understanding the broader concepts of the moot question. To help with this, I recommend starting with legal encyclopaedia or academic articles that ‘do the research for you’, and then drill down into the detail of cases once you’ve got a good understanding of the moot’s topic area.
Devlin Greatbatch Murphy Foundations Moot Winner 2019 Contracts Moot Runner Up 2020
Has mooting given you new perspectives on how the law works in practice? Mooting is a great opportunity for law students to gain an insight into how the law works in practice. By emulating a judicial appeal, mooters learn about civil procedure, court etiquette, the relationships of the courtroom such as between Barristers and Judges and of course, gain a deeper understanding of the law. My developed understanding of the law through mooting has helped both my studies and in my paralegal work. Do you have any tips for any competitors who may be feeling apprehensive about public speaking? The beauty of mooting is that it is more than just an oral conversation with the judges. A good mooting team has a wide variety of people, including those proficient in legal research and legal writing. It is often said that the written submissions are the most crucial component of a moot. Without good written submissions, the oralists are unable to effectively convince the judges of their argument. Additionally, MULS strives to create a competing environment that is centred on learning and development. As such, the Competitions Portfolio hosts numerous workshops and events leading up to moots. More so, the Foundations of Law Moot and the Novice Moot are specifically for beginners. Both of these competitions are designed to just give mooting a go! Therefore, for those hesitant about public speaking, mooting is actually the best competition to participate in.
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3.2 WITNESS EXAMINATION Aim The Witness Examination (WitEx) is a competition that allows students to adopt the role of a barrister in a civil or criminal trial. In this competition, students examine witnesses and use their testimonies to formulate an answer to a legal problem. Competitors are exposed to the rules of evidence and the procedures of Court, while developing their skills in oral advocacy. Students in any year of their law studies may compete in this competition. Competitors will be randomly assigned either the prosecution or defence side. They will also be given a witness who will receive a witness statement prior to the commencement of the round.
Structure
How to Prepare
The Witness Examination competition is structured as follows:
Compared to other competitions, prior preparation is not required. This is because the scenario is provided to competitors 90 minutes before the commencement of the round.
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90 minutes prior to the competition round, competitors will receive witness statements and the relevant law for their trials.
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Competitors will then brief their witnesses as to what they should expect during the trial.
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Competitors will give their appearances.
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The prosecution will present their opening statement and complete an examination-in-chief of their witness.
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The defence will cross examine the prosecution’s witness.
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The defence will present their opening statement and complete an examination-in-chief of their witness.
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The prosecution will cross-examine the defence’s witness.
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Judge(s) will announce the result and provide feedback to competitors.
Judging Criteria Judges will mark competitors based on the following: Opening and closing statements. Examination-in-chief and cross-examination. Ability to develop a case theory. Manner and expression of their argument. Knowledge and application of Evidence Law.
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During this time, competitors should: •
Develop their case for trial. This involves carefully analysing the statements of both witnesses. The statements of each witness is important as it should formulate the basis of their case theory.
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Brief their witness. This involves revising the facts of the scenario, practicing questions asked during examination-in-chief, preparing their witness for potential questions that may be asked by the opposing counsel during cross-examination, and addressing any issues that may arise from witness statements.
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Revise the relevant features of Evidence Law. This involves understanding which questions are permissible during examination, and how to object to questions and answers that are impermissible under Evidence Law.
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First-time competitors are advised to watch recordings of past final rounds to familiarise themselves with how the competition operates.
Tips and Tricks from previous Witness Examinations competitors Marco Lopresti Witness Examination Winner 2019
What initially inspired you to become involved in the witness examination competition? I appeared as a witness for a mate who was competing and enthusiastically embraced the part (maybe a little too enthusiastically – his Honour was not impressed and started cross-examining me directly). I really liked the crossexamination aspect, such as asking questions you already know the answer to, and “closing the gate” to undermine the witness’ credibility. Hostile witnesses are the best, they really let you flex your advocacy skills. In your opinion, what are some advantages of competing in a witness examination competition and what was a key skill you have taken away from the competition? You only have a short window to process the witness statements, formulate a case theory and identify key lines of questioning. This forces you to think quickly on your feet when conducting examination-in-chief and cross-examination. Being able to take in a lot of information and distill it quickly and effectively are key transferable skills to everyday legal practice, even if you don’t intend on going to the Bar. In addition, exposure to courtroom practice and procedure is great practice, with minimal consequences. It is invaluable preparation for real-life court appearances that will arise in the course of everyday legal practice. How would you describe the time commitment required for the witness examination competition? The minimal time commitment is one of the great things about the WitEx competition. There are no written submissions and preparation is confined to 3 hours before the round (reducing to 1 hour for finals).
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4.
INTERVARSITY COMPETITIONS
Aim Intervarsity competitions aim to provide students with the opportunity to interact with other law students from different universities, while developing their practical legal skills. Through this, competitors are exposed to new perspectives, ideas, and methodologies from law students around Australia; while broadening their existing legal knowledge and skills. Intervarsity competitions also offer students the chance to represent Macquarie Law on a national level, which may include the opportunity to travel.
Structure
Intervarsity competitions may be split into two main categories:
Bilateral intervarsity competitions
Intervarsity tournaments
These refer to ‘head-to-head’ competitions between Macquarie University and one other university. In the past, teams have represented MULS in the MULS v SULS Client Interview, the Margaret Cunneen Witness Examination Competition against UTS, and the Sir John Peden Contract Law Moot against SULS.
These refer to tournaments which involve teams representing multiple universities. In the past, teams have represented MULS in the Baker McKenzie Women’s Moot, the UTS LSS Intervarsity Negotiation Competition, the Hon Michael Kirby Contract Law Moot, and the UTS LSS Intervarsity Legal Technology Moot.
How to Prepare •
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Preparation for intervarsity competitions will depend on the specific competition the students are participating in, such as an advocacy (moot) or professional skills competition. Watch the finals of the competitions that MULS ran in 2020 for some inspiration, taking note of mooting styles and techniques that competitors use.
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It is important to properly read the rules and revise the question thoroughly with your team mate(s).
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Do a practice round to ensure you are prepared going into the official competition.
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As you are a representative of MULS, it is important to remain respectful towards others and collaborate with other teams throughout the competition.
Tips and Tricks from previous Intervarsity competitors Nina Prica The Melbourne Law School Negotiation Competition SemiFinalists 2019; The 4th Annual ADC-ICC AsiaPacific Commercial Mediation Competition Quarter-Finalists 2020
How does an intervarsity competition differ from a Macquarie Uni competition? The main difference for me has been the different styles of negotiating that you get to see. Competitors from other universities will have completely different takes on problems and approach the negotiation with a very different manner. The problems are usually more complex and lengthy to a university competition, so you are pushed to create multifaceted and creative solutions to challenging problems. In your opinion, what are some advantages of participating in an intervarsity competition? I really like it because it most closely simulates real world negotiations, where you have to interact with people from vastly different working backgrounds and personalities. This is such an advantage, because you get to test your skills in a different environment to what you’re used to. It makes you an adaptable and agile competitor.
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5.
FROM THE BENCH
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Q&A
Speed Round
Ms Catherine Greentree A Few Good Men - At the College of Law, I was shown a video on the art of witness examination and cross examination, which proved to be one of the most important videos I will ever watch.
What is your favourite law film or tv series?
Lise Barry Better Call Saul - who doesn't love a corrupt lawyer with a heart of gold?! Bruce Connell Ally McBeal. Andy Dong The Lion King - you would be surprised at how well the teachings of meerkat and a warthog about helping people and staying positive transfer to the legal industry!
Ms Catherine Greentree » Do get involved if you would like to gain new skills and build some additional friendships. » Don’t sign up if you will not or cannot participate consistently and reliably. There is nothing wrong in admitting that you do not have the capacity right now, and waiting until you do. Otherwise, make sure you effectively communicate your limited capacity to your teammates so that it is understood and agreed upon up-front. » Do share the workload evenly amongst your teammates. » Don’t leave it to the last minute to prepare! » Do try to have fun throughout the whole process. Remember that your grades are not riding on this, so that should take some of the pressure off. » Don’t be afraid to fail! Some of the greatest lessons we can learn come from recognising our shortcomings, and learning how to overcome them.
What are the biggest Dos and Don’ts of participating in competitions?
Liam Cavell » Do choose a competition that interests you. » Don’t participate in a competition simply because it may look good on a job application. » Do take the competition seriously. » Do be courteous to your fellow competitors and the judge. » Don’t be late. » Do pay the generosity of the judges forward by helping to judge competitions after you graduate. Macquarie University Law Society 2021 Competitions Guide
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Ms Catherine Greentree
How can students make the most out of their competition experience? Make the commitment to give the competition your all. In addition, do not be afraid to ask staff or more senior students for advice and guidance. Not only will this ensure that you get the most out of the experience, both academically and socially, but it also enriches the experience for all of the other students and volunteers who partake in the competition. What was the most memorable performance in a competition you have judged? In 2015, Ashleigh’s team won the Grand Final. Ashleigh was Junior Counsel and she did exactly what a Junior Counsel needs to do. Ashleigh’s oral delivery was a combination of charm and poise. She had a confident delivery style, and remained calm under pressure. She was also able to answer questions that her Senior Counsel had deflected, which demonstrated that Ashleigh was a strong team player. What is your favourite competition to judge and why? Judging moots allows me to see how far students have come in researching and applying the law, as they progress through their degrees. It also tests a student’s ability to think on their feet, and communicate complex legal principles as clearly and concisely as possible. Mooting has a fast-learning curve, where students develop a new style of preparation and presentation that they might not develop anywhere else. Why would you recommend students getting involved in MULS competitions? I only participated in mooting, and whilst it greatly assisted me in preparing for advocacy, I wish I had also participated in Client Interview and Witness Examination. The College of Law prepares you for those things to a small degree, but not to the same extent that MULS competitions do. I realise that now, having been a judge and a practicing solicitor. Not everyone has the luxury of a paralegal or clerkship position that actually prepares you for legal practice. MULS competitions help you to develop those skills. Not to mention that you will make friends, who you will bond with over tears and beers. What attitude should a student have towards participating in a competition? You get out what you put in. To get the most out of competitions, you have to be willing to do your absolute best. Your teammates and other competitors are counting on you. If everyone has the same attitude, you will have one of the most rewarding experiences not only in your law school careers, but also your young professional careers.
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How can students make the most out of their competition experience? Taking part in competitions is one of the most rewarding experiences you will have in Law School. To make the most out of your experience, set yourself some clear goals at the beginning of the competition and ask judges to provide you with specific feedback to address those goals. For instance, you may have a goal to improve your confidence in oral presentation - be specific about how you could do this.
Dr Lise Barry
What was the most memorable performance in a competition you have judged? It might sound corny, but I really enjoy all the rounds I have judged. I find students who take part in competitions are some of our most motivated. It is really lovely to have a chance to speak one on one with students, and for students to get to know the staff, alumni and professionals who take on the role of judges. However, I do have a strong memory of the year that the client for the senior client interview final had to pretend to turn up to the interview drunk. What is your favourite competition to judge and why? It is hard for me to choose between Client Interview and Negotiations, but I think Negotiations is my favourite. These are skills that will serve students no matter what career they choose, and it is a fantastic combination of legal skills, interpersonal skills and emotional intelligence.
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What advice would you give to students wanting to get involved in competitions? Attend the information sessions and skills workshops to get a taster of the competitions that MULS runs that you may be interested in. Don’t be afraid to register into novice competitions - they are designed for first timers, and are pitched accordingly.
Sarah Schooley
What has your journey and experience been like with competitions at MULS? I have experience in all levels of MULS competitions, both as a participant, and as an organiser. Competitions were by far the most formative and instrumental in my transition from law school into full time work. The professionals that I met along the way continue to be some of my key mentors professionally. How have you applied the skills you have gained from your competitions experience? As an Associate at the Commission I am involved in court proceedings and conciliations. My skills in competitions have enabled me to digest written submissions, understand court proceedings, and analyse the usefulness of certain mediation techniques. What attitude should a student have towards participating in a competition? Give it a go. It’s a safe environment to learn, and fail. Strike up conversations, ask for help and build relationships. This is what competitions are all about.
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How can students make the most out of their competition experience? Getting the most will result from applying the skills that suit professional life. Proper preparation, not just of technical matters but applying a holistic approach to the task. Thinking ahead, but preparing to be flexible.
Bruce Connell
What was the most memorable performance in a competition you have judged? Seeing a softly spoken tiny woman utterly demolish a witness in cross examination, without ever appearing to be aggressive, without once raising her voice. Soft skills are ideal for the practice of law. Why would you recommend students getting involved in MULS competitions? Because it can be a lot of fun, and because it gives you the opportunity to teach yourself skills you will use throughout your professional career. Because it is good for personal as well as professional development. What attitude should a student have towards participating in a competition? Be positive. Show perseverance. Be open minded, including to sometimes realising it is better to do things differently from the ways you may have assumed they would be done. If you start off in the competition not performing so well, do not be disheartened, rather take the opportunity to develop. That is what the program is for. And realise those of us judging the competition love to see students trying, and love seeing them improve from round to round. What value do you believe participating in competitions adds to a student’s law school experience? I think it promotes both personal and professional development, and can be a lot of fun for participants. It also gives a window into the future of your professional life. In addition, it teaches the benefit of adequate and thoughtful preparation and thoughtful professional activity, whether it be for example, presentation of a case, cross examination or a negotiation. Participants start to see the practice of law and what they study differently.
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Why would you recommend students getting involved in MULS competitions? Friendships. Of course, there are many many more great reasons to get involved, but this has been the standout for me.
Andy Dong
You meet many kind and talented people through your competitions journey. Not only competitors and volunteer students, but also judges, barristers, solicitors and representatives from MULS’ sponsor firms. You build incredible friendships with people who make your day to day better in the most unexpected ways, at the most unexpected times. Meeting a formidable opponent through mooting might cause them to become a valued study buddy a year down the track. An academic who once upon a time judged you in a client interview might become a great mentor to you in the final years of Law School and as you transition into your post University career – this was the case for me with many of my lecturers. You may bump into a Judge, barrister or solicitor that once judged you in witness examination, with whom you use your previous competitions interaction to strike up a conversation. You might also realise that your interviewer for a clerkship was the sponsor firm representative at a moot, who watched you shine during that moot and take home the best speaker award! The legal industry is very much a people-centric one. Having a good network really helps at every stage! Whether that is during your studies, or as you apply for jobs, clerkships and volunteering opportunities. Networks are particularly important post admission when good relationships with counsel, client referrers and other practitioners are highly valuable. MULS competitions are a great starting point for you to begin building your networks, and also your networking skills! How can students make the most out of their competitions experience? Give it a go, and do so as early as possible. Getting involved in competitions can be intimidating, particularly in your first year when you haven’t quite found your feet at university. I think the best way to get over this is to just jump into the deep end. The organisers and judges are very supportive, and you’d be surprised at how quickly you learn to swim! The earlier you try it, the earlier you know if you like it or not. If after your first competition you find that it was not what you expected, I would suggest that you try another competition to test the rest of the field. There are a variety of competitions that require you to exercise different skillsets. In many cases, competitors that aren’t a fan of one competition are absolutely champions at others! I think it is particularly important that you try competitions early in your Law School journey, as if you find that you enjoy it and that you are keen to register for others, then you open yourself up to many national and international opportunities to represent Macquarie University early on. Some of these opportunities open up as early as during your second and third year. I have many friends that competed in their first moot in fourth year, absolutely loved it, and wished that they had taken the jump earlier in their degree. I think the foundations moot is a great lead in for competitions if you haven’t mooted or competed in other competitions before. The procedures and material in this moot are slightly tapered back when compared to other moots to give you a helping hand. If you are ineligible for this moot, then client interview or the novice moot are also great ways to get involved.
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6. WHAT MULS COMPETITION ARE YOU?
Client Interview
Negotiations
You love puzzles
You are adaptable and flexible
You love meeting new people
You are a strategic and creative thinker
You are solutions oriented
You love a win-win
Paper Presentation
ADR
You love diving deep into an issue
You are an all-rounder
You are passionate about law reform
You work well under time constraints
You have a topic that you can speak about for hours
“Matters should be resolved as quickly, cheaply and justly as possible.”
Moots
Witness Examination
You see yourself appearing in Court one day
You loved studying evidence
You are passionate about advocacy
You have a flair for the dramatic
You enjoy working on a team
You are interested in becoming a barrister
Intervarsity
Judge
You love networking
You love following along with MULS Competitions
You have competed in a majority of MULS’ internal competitions You are curious about other universities
You think that everyone should compete in a competition You find joy in watching people improve
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