Transcript Mooting Workshop Matthew Psycharis, Raoul Renard, Nicholas Kotzman (absent)  Disclaimer: These are just our ideas.

Mooting Workshop
Matthew Psycharis, Raoul Renard, Nicholas Kotzman
(absent)
 Disclaimer: These are just our ideas. There are a
number of different ways to prepare and present a
moot.
Pre-problem planning
 Set up a filesharing service (we used Dropbox)
Pre-problem planning
 Set yourself deadlines
 Be sensitive to availability of team members, schedules
etc.
 Book a room or find a place to meet (early)
When you get the problem
 What area of law?
 (E.g. contract, tort, s 18 of ACL, family etc.)
 What jurisdiction?
 E.g. first instance, appellate
 What are the questions of law at play?
 As distinct from questions of fact (in appellate cases, no
questions of fact)
 Splitting between senior and junior counsel
 What does your client want?
Developing arguments
 RESEARCH, RESEARCH, RESEARCH
 Start with authoritative textbooks in the area
 E.g. Meagher, Gummow and Lehane (Trusts); Cheshire and
Fifoot (Contracts)
 Other secondary literature
 Academic journals etc.
 Try Google (Firms often write blog posts etc)
 Halsbury’s is a good starting point also
 Look at relevant cases cited in the area
 Once you’ve got an idea of where the case law is, jump
on Westlaw and/or LexisNexisAU to find cases and
factual analogies
Writing written submissions
 Concise
 Not abstract statement of law. Grounded in facts
 For example:
The Defendant publican does not owe a duty of care to the Plaintiff
patron as the Plaintiff’s injury was not reasonably foreseeable, and
the publican did not have control of the Plaintiff’s surroundings.
NOT
Publicans do not ordinarily owe a duty of care to patrons once they
have left the premises.
Writing written submissions
Clear argumentation
 Focus on clear arguments, and your strongest
arguments.
 Most complex argument may be difficult to express in
10 minutes, and may ‘lose’ the judge
 Milk the facts – do not retell the facts
 Facts are agreed, never disputing them.
Preparing and delivering oral
submissions
 Clear, short introduction
 Clear signposting
 Pace and tone
 Maintain eye contact with judge (all judges if make it to
final)
 Be respectful toward judge and other side
 No arrogant, debating style
Formalities
 Stand and bow when judge enters
 ‘May it please the Court’
 ‘Your Honour’
 ‘My learned junior counsel’
 ‘Our learned friends’ (other side)
 ‘Her Honour Justice Warren noted in …’
 ‘May I dispense with formal citations’ (after first formal
citation)
Questions from the bench
 Take a moment if you need
 Let the judge finish question completely
 If the judge looks like they are about to ask a question, anticipate
by pausing
 The best advocates appear as if they are in conversation with the
judge
 Not all questions from judges are attacks
 Be prepared to depart from speech
 Be prepared to give your best answer, but if cannot go any further,
admit it: ‘I cannot take this point any higher, your Honour’
Questions?