1. Matthew Psycharis, Raoul Renard, Nicholas Kotzman (absent)
Mooting Workshop
Matthew Psycharis, Raoul Renard, Nicholas Kotzman (absent)

2. Disclaimer: These are just our ideas
Disclaimer: These are just our ideas. There are a number of different ways to prepare and present a moot.

3. Pre-problem planning
Set up a filesharing service (we used Dropbox)

4. 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)

5. 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?

6. 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

7. 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.

8. Writing written submissions

9. 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.

10. 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

11. 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)

12. 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’

13. Questions?