1. Three stages of the proceedings
Pre-commencement
Interlocutory steps
Final hearing

2. Isolate and clarify the issues Prepare application and affidavits
Pre-commencement
Identify:
Relevant administrative action
Court with jurisdiction
Time limits
Appropriate form of the legislation
Legal issues:
Authorities for and against each proposition
Any issue arising under the constitution?
Factual issues:
What evidence is required to establish each fact necessary
Isolate and clarify the issues
Prepare application and affidavits

3. Interlocutory steps Applicant: Respondent:
Are there any further issues from the relevant documents?
Is there nay need to amend?
Respondent:
Is there a contentious issue or one of general importance?
What facts are necessary?
Relevant documents

4. Final hearing Check latest authorities
Ensure all evidence/submissions have been filed
© Duarte, Inc. 2014

5. Adjust to the individual Judge
© Duarte, Inc. 2014

7. 01 02 03 04 Remember, DO NOT: Breach directions of the Court
Run hopeless points
Raise Vague grounds
Amend too late too often
i.e “The Tribunal breached s.424A”
“The Tribunal fell into jurisdictional error”

8. 05 06 07 08 Remember, DO NOT: Be late to Court
Read from well-known passages from obvious authorities
Be late to Court
chambers without copying in the other side
Short note/authorities after hearing
If asked to prepare a short note/submit authorities after the hearing, do not take the liberty to include information outside of the scope asked for by the Judge
Unless you say the authorities were misunderstood