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LA TROBE LAW STUDENTS’ ASSOCIATION
COMPETITIONS GUIDE:
2016 EDITION
Welcome Competitors written by Sakire Saban
Here at La Trobe Law School we pride ourselves for our commitment to improving not only our academic skills, but also our practical advocacy and research skills. As the Director of the Competitions Portfolio of the La Trobe Law Students’ Association, I, along with my portfolio organise, coordinate and run various moots and competitions each year for all law students in order to gain these essential skills and abilities. Our portfolio has prepared this useful guide to help give you a general idea of the types of competitions we run here at La Trobe, and assist you as to whether you would like to compete!Both the Law Students’ Association and our Competitions Portfolio highly encourage each and every one of you to give mooting a try, regardless of which year you are in. The moots we run are the Junior, Senior, Criminal Law, and International Humanitar-ian Law Moots. We also run popular witness examination competitions and negotia-tion and client interview competitions.
Additionally, you also have the opportunity to compete in inter-university moots all across Australia including the Environmental Law Moot, the Baker & McKenzie Na-tional Women’s Moot and the Michael Kirby Contract Law Moot. We also run various international mooting competitions such as the William C Vis International Commercial Arbitration Moot, the International Criminal Court Moot Competition and the Philip C. Jessup International Law Moot Court Competition that may take you to places such as Vienna, Hong Kong, Holland and the United States, against the best teams all around the world! La Trobe Law School’s mantra is to give everything a go: never be scared and be confident! We have plenty of first-time mooters and competitors in all of our com-petitions, and each competitor improves with practice and constant perseverance. You have nothing to lose with trying: even if you do not make it through to the next round, it is still an enriching experience that you can take with you which looks fan-tastic on your resume!If you have any questions or comments, please do not hesitate to email me at [email protected] look forward to seeing you compete!
What is a moot?
It has a ‘t’ at the end…so no, it’s not the sound a cow expels. Rather it is essentially a debate which involves a simulated appeal case to a superior court where you are a lawyer representing your client. You and your Co Counsel appeal as barristers be-fore a mock judge or panel of judges to argue the law as outlined in a legal scenario.
The scenario given outlines a number of key legal issues and it is each party’s aim to address the key disputed facts as interpreted in the scenario. There are two op-posing parties, each consisting of two barristers; a Senior Counsel and Junior Coun-sel. One of the party acts as the appellant (partying bringing the appeal) and the other as the respondent (party responding to the appeal).
In order to make successful submissions, and therefore arguments, each counsel must use relevant law. Consequently, researching for moots and finding the right law can seem laborious and tedious at first. However, databases such as Case-base, Firstpoint and Austlii are an excellent place to start. All I have to say is thank goodness for the Internet, as ‘back in the day’ research was books, books and more books - just imagine! We have it easy, so there should be no complaining (or at least just keep it minimal – what would be law school without a few whines here are there).
Competitors must present their researched legal arguments, which arise from the given undisputed facts in the problem both in their written sub-missions (memorandum) and their oral submissions to the judge.
The written submission ultimately contains a summary of the party’s argument, which demonstrates knowledge of the facts and of the law. Both teams must submit one copy to the opposing side and to the judge.
Your ultimate goal is to know and summarise what your party’s argument is and what authority there is to support it. To be successful this must be done in a collected and confident manner. Consequently, demonstrating knowledge of the facts and of the law only on paper will not suffice; rather it is the manner in which this knowledge is demonstrated orally that makes all the difference. Manner is judged by your tone, composure and speed as well as the way questions are handled, as a judge may stop you at any point of your submis-sion and throw you a curve ball – you must be ready!
The secret? Preparation is the key to success!
Benefits of Mooting
So what’s the point?
In short…
1. It puts your skills into practice: As law students we spend hours upon hours learning new legal concepts in class, reading about them, revising them – honestly we can end up living and breathing them. Why just leave it there? Why just spurt it onto paper for the sake of the exam and never re-vist it until necessary in a law firm under high pressure. Give it a go in a safe environment where mistakes are accepted and there are 0 repercussions other than a laugh and a ‘wow, probable should have known the answer to that question by now…but oh well – next time’
2. It improves your advocacy skills.
3. Dramatically improves your research and writing skills: You end up becoming extremely proficient in the data-bases aforementioned, putting you in great stead for the rest of your law studies and beyond!
4. Meet new students with similar interests and participate in just one of the co-curricular activities that the law-school has to offer.
5. That word that we all love to hate ‘resumeeeee’ – With an increasing number of law schools in Australia getting a ‘foot in the door’ so to speak is getting harder and harder each year. We each need some thing to differentiate ourselves, and to give firms a reason to look twice at that resume. Having good grades is in no longer enough, rather, ‘mooting experience’ can be that little bit extra that may just get you over the line and grant yourself an interview.
So…while all this might seem quite confronting, mooting is genuinely an en-riching and exciting experience. These competitions are not solely for ad-vanced students either. Mooting is open to all year levels, and welcomes be-ginner law students to come along and get involved (See Junior Moot for more info). Overall, it boosts confidence in oral skills, improves practical legal re-search skills and gives law students a taste of the ‘real world’…a world which many of us are aiming to be a part of, so why not start now? Remember, it’s never too late!
If you would like to know more about mooting, or you would like to get involved but not sure how…get in contact with competitions and a friendly LSA comps officers will be happy to help you out.
Types of moots on offer in 2015 1. Senior Moot and Junior Moot
Key Dates for Senior MootRegistrations Open: 18th AprilRegistrations Close: 25th AprilProblem Released: 26th AprilPreliminary Round: 3rd, 4th 5th MayQuarter Finals: 9th and 10th MaySemi Finals: 11th May The Senior Moot is based on the law of contract and all La Trobe law students are welcome to participate. While mooting experience isn’t a requirement, students who have mooted previously in either competitions or LAW2ECP often take part.
The Senior Moot is prestigious and is looked upon highly by prospective em-ployers in top tier firms. It’s also an exciting challenge - you will be surprised how much you remember from contracts law so give it a go (Francine’s Bendi-go lectures and piano riffs actually stay with you). Finally, what a great oppor-tunity to enhance your legal research skills and litigation before a judge! Reg-ister in teams of two or three (maximum 2 speakers, one solicitor), however if you aren’t able to find a partner, please email one of the Competitions Officers at [email protected] and they will be happy to find a part-ner for you.
Key Dates for Junior Moot Registrations Open: 10th March 2016 Registrations Close: 25th March 2016 Problem Released: 25th or 26th MarchPreliminary Round: 4th, 5th, 6th April Quarter Finals: 11th, 12th April Semi Finals: 13th April
The Junior Moot is a torts-based competition, and is a fantastic way to start mooting in a friendly and encouraging environment. Junior Moot is so good because it can only be entered by first time competitors, and is always a popular choice! This is your chance to get involved in a competition with a lighter workload and a little lessstress, so do it now!
This is a great opportunity to develop mooting skills with great feedback from the judges (previous mooting winners) and enhance your CV. Register in teams of two or three (maximum 2 speakers, one solicitor), and if you’re unable to find a partner, email one of the competitions officers at [email protected] and they will be more than happy to find a partner for you.
International Humanitarian Law Moot Key Dates:Semester 2 - Dates for registration and competitions for the IHL moot are TBA.
The International Humanitarian Law (IHL) Moot is a highly distinguished academic competition within the La Trobe Law Students’ Association. Students will debate le-gal issues of the regulation of armed conflict and protection of persons not engaged in warfare. This a great opportunity for students undertaking a double degree in Law/Interna-tional Relations or Arts (Political Science) to combine their fields of study through a rewarding and challenging competition. This is a rare opportunity to further develop and sharpen your advocacy skills in a fundamental area of international law with personal assistance from La Trobe University professors who are experts in the field of international law. Each team requires participation of two La Trobe Law students who will receive their mooting question roughly 7 days prior to the preliminary rounds of the moot. If you are unable to find a partner you are encouraged to email one of the competitions officers at [email protected] will allocate you one.
Please forward any additional queries you may have to the above email address.
Criminal Law Moot:
Key Dates:Semester 2 - Dates for registration and competitions for the Criminal law moot are TBA.
The Criminal Law Moot is a criminal law problem based competition. This com-petition is open to all year levels and great for beginners, and those currently studying criminal law. As this is a highly popular, interesting and mentally stimulating moot, registrations tend to fill up quickly so find a partner and sign up! If you are unable to find a partner, email one of the competitions officers at [email protected] and they will be more than happy to pair you up
Past Competitor Testimonial on Mooting Ashley Angus was a grand finalist in the 2015 Criminal Law Moot. Here she provides a detailed insight into her mooting experience.
I find mooting a lot of fun. And I don’t even like public speaking.For me, mooting is like having a legal conversation with the judge, similar to discussing answers with your friends in a group take home assignment. Only it’s heaps more rewarding (and, of course, nerve-racking!). My experience in the LSA Criminal Law Moot Grand Final was as thrilling as it was daunting. All LSA Grand Finals are held in the Fed-eral Court and are judged by top-of-their-game barristers and legal professionals. There were times when I wondered what I had gotten myself into but the adrenaline high and sense of achievement I felt afterwards was indescribable. A grand finalist’s adviceGive it a go and give it a go as early as you can! I got into moot-ing in my first year and I’m glad I did because the extra time had allowed me to do a large number of moots without having to worry about clerkships and grad applications. Also, your resume will thank you for it, and unlike other legal experience, mooting is rarely some-thing you have to apply for.Participating in moots is an extra workload but it teaches you legal research, and concise legal reasoning that can be applied in your subjects. Many of my friends who have participated in mooting have found that their marks actually improve.My tip for handling the nerves is to remember that you are playing make-believe. You are pretending to be a barrister, and arguing a fake problem in front of someone pretending to be a judge. If you make a (pretend) mistake, it’s really no big deal.
Michael Damevski was a grand finalist in the 2015 Maurice Blackburn Junior Moot. Here he provides a detailed insight into his moot-ing experience.
My Mooting Experience Competing in the Moot was undoubtedly one of the most daunting challenges I’ve faced during my short time at Latrobe University, but it is something which I’ll remember fondly. Upon signing up to the competition, I was incredibly excited for the task ahead of me as I was eager to test my ability. Soon though, the reality began to sink in and so too did the anxiety and stress. It is undeniable that Mooting is a commitment that brings an extra workload which distracts you from your graded subjects. I found myself working with my partner late in the library upon several occasions, hurriedly researching the law to form our arguments and not make a fool of ourselves when we delivered our submissions in the Moot Court. It made me consider the workload lawyers have to tackle in real life scenarios and I won’t lie – it made it seem daunting. While preparation of our arguments did produce nerves, speaking in the Moot Court took those feelings to a completely different level. As I com-menced my first ever submission, I recall sweating with my voice some-what trembling, but soon began to grow in confidence with every line that I read. That confidence was quickly put to the test though as the judges began to fire sharp questions at me, alerting me to the requirement of having to think on my feet at all times. I quickly learned that the key was to respond confidently and assertively by backing my own knowledge.
To my disbelief, my partner and I did eventually progress to the Grand Final which took place in the Federal Circuit Court. This was arguably the proudest moment of my life, as it all felt so real speaking in an actual courtroom. It has to be said though, the pressure of preparing for it was even heavier given that we knew that we would be judged by a professional. Ultimately though, it is essential to have confidence in one-self. If you’re reading this you’re probably thinking – this all sounds horrible, why would I want to Moot? I probably have made it sound awful, but don’t get me wrong – Mooting was the best thing I ever did. I now have an un-derstanding of what is expected of me in the real world and I know what it’s like to have to speak in front of a number of people, while having to field difficult questions from judges that could so easily throw you off. So my advice to you students at Latrobe Law School is to grasp this opportu-nity and take advantage of it as it gives you the chance to test your ability in the most strenuous of circumstances – an opportunity which should not be passed by.
Mooting FAQ’s 1. What do I wear?You are required to wear formal business attire, this is mandatory. Suits for competitors - gentlemen must wear a tie.
2. How do I address the judge?Generally you address the judge as “Your Honour’ or if there are more than one judges then “Your Honour’s”.
3. Can I pre-type my submission?It is advised to pre-type your submission and practice them so that you feel comfortable when presenting. This will also help when the Judges ask questions so you are not thrown off.
4. How many people in a team?There may be up to three members within a team, but only two speak. They can allocate themselves as either Senior and Junior Counsels or Co-Counsels. The third member is the instructing solicitor and helps with research of the arguments and helps prepares rebut-tals during the moot.
5. How many minutes must I speak for?In the Junior, Senior and Criminal Moot each time has 20 minutes to present their argu-ments. In the IHL moot each time has 30 minutes to present their side. The timing allo-cation is at the discretion of the team, however it is usually divided equally between both counsels.
6. How long does the moot last?The moot generally lasts for an hour. After both teams present their arguments, there may be an opportunity to present a rebuttal or surrebuttal. This is then followed by the judge’s feedback sessions.
7. What are rebuttals?Rebuttals are when the one counsel argues against one of the points made by the oppos-ing counsel. They usually focus on why that application of the law was wrong and what should be the right way to look at it.
8. What kinds of questions will the judge ask me?The judges will generally ask you questions about: - The material facts of the present case. - Material facts about the case you are using as a leading authority. - Any legislation you are using.
9. How close is it to ‘real life?’The moot gives a good sense of what it will be like in a moot.
10. Is mooting compulsory?Mooting is not compulsory but there are some subjects which require students to do moot-ing. So why not get the head start, hey?
Competitions
Witness examination Competition
Key Dates:Registrations Open: 11th AprilRegistrations Close: 18th AprilPreliminary Round: 19th, 20th, 21st April Quarter Final: 26th AprilSemi Final: 27th or 28th April
You’ll feel like you’re in an episode of Suits…trust me! La Trobe’s very own Harvey Specter.
Unlike Mooting, Witness Examination is an individual based competition. Compet-itors are assigned the role of either prosecution or defence where their role is to examine and cross-examine two witnesses to uncover the facts of the crime. Does it not sound like your favourite tv shows already? How to Get Away with Murder? The Good Wife? Law Order & Justice? Suits? Seriously, must I continue?
There are no pre-requisites for this competition, so it is a great opportunity for first timers and students undertaking LAW2ECP, as well as more seasoned competitors to gain valuable advocacy skills and of course build on that beloved resume! The LSA Witness Examination competition is run in Semester 1 with registration opening on 11th April, SO what are you waiting for? Do get in contact with comps ([email protected]) if you have any questions.
Client interview Key Dates: Semester 2 - Dates for registration and competitions for the Client Interview compe-tition are TBA.
Always wanted to take part in a law school competition but you were too nervous to sign up? The Client Interview Competition is the perfect choice for first-time com-petitors! Competing is as much about confidence as it is legal knowledge – build on your experience in the Client Interview or Negotiation competitions and you will be better prepared for mooting in the future.
Client interviewing is an essential skill in the legal profession – how to find all the legal issues in your client’s story. Think of it as extracting honey from the beehive. What kind of questions might you ask to get the most information out of your client?
This is such an important skill in real world practice and is an excellent addition for your CV. As lawyers, we often play counsellor/psychiatrist/doctor/grandma/best friend with pizza and shoulder to cry on/ for our clients - it is imperative to sift through the information that is irrelevant and ask the right questions to get the an-swers to your legal questions. Remember, the client may not be aware of the legal issues in their problem, they just want someone who can help them. The competition is structured as a conversation between you and your client in a mock legal office. You and your partner will be given a certain amount of time to speak with your client in a preliminary interview, accompanied with a consultation memorandum. You will be evaluated on: • Method of approaching the formalities of an interview;• Extracting the personal details of the client and the particulars of the problem;• Suggested possible courses of action;• Teamwork skills; Law students of any year level are welcome to participate! Register in teams of two. If you are unable to find a partner but want to compete, please email [email protected]
Negotiation
Key Dates:Semester 2 - Dates for registration and competitions for the Negotiation competition are TBA.
The Negotiation Competition will also be held at the beginning of semester 2, 2016. Negotiation skills are highly sought after in legal practice with the potential to save the client’s time and money, especially in the corporate sector where court costs could be exponential and litigation could last for years. The Negotiation Competition involves a meeting between two teams. Both teams will be given the same set of facts, in addition to confidential information exclusive for each team. Your objective is to engage with opposing counsel to reach an agreement that best suits your client. Think about your team strategy. How will you resolve potential disputes? How will you achieve the best result for your client without divulging too much confi-dential information? The competition runs for approximately 55 minutes. Afterwards, teams will have 5 minutes for self-reflection as the judges mark your performance. Each team will then conduct a 5-minute self-analysis in the presence of the judges by reference to a number of key questions. You will be evaluated on the following:• Your communication skills;• How well you are able to attain an outcome best suited to your client; and• Effective dispute resolution.
There will be one preliminary round and a final round. Register in teams of two, and remember law students of any year level are welcome to participate! If you are un-able to find a partner but want to compete, please email [email protected]
Rules and requirements We aim to provide all law students with the opportunity to take part in well-organised and fair competitions, with the same rules applying to everyone. It is therefore a con-dition of participation that all competitors observe and comply with the following rules and regulations: Organising competitions is not a simple task and is quite time consuming, thus the Competitions team ask for cooperation and respect from all competitors to ensure the moots can be run in an organised and efficient manner. 1. One team member must supply their La Trobe student email and a contact number. This person will be responsible for all communication between the Competitions portfolio and their team for the organisation and facilitation of the competition. 2. Once registered, failure to compete in the competition, without reasonable excuse* and notice to the Competitions team, will result in suspension from subsequent participation in all LSA competitions for one year, as well as forfeiting the registration fee. 3. If a competitor is sick, a medical certificate must be provided to the Director of Competitions. Failure to provide a medical certificate will result in suspension from subsequent participation in mooting for an amount of time at the Director of Competition’s discretion, and also forfeiture of the registration fee. 4. By registering for a competition, you and your team agree to be available to participate in all rounds of the competition, including the Grand Final. 5. Score sheets will not be made available to competitors. 6. Withdrawal from competitions without adequate reasoning will result in suspension from competing in future competitions at the Director of Competition’s discretion. 7. The Director of Competition’s word is final. 8. The judge’s decision is final. Please keep the above terms and conditions in mind when registering for competi-tions. Feel free to email the Director of Competitions at any time with any questions at [email protected] *As participation in competitions is a voluntary extra-curricular activity, work and/or study commitments will not be accepted as a reasonable excuse for withdrawing from a particular competition.
+ Credits
COMPETITIONS TEAM: SAKIRE SABAN Director of Competitions ELLENA KOURIS Competitions Officer TERRY KENOS Competitions Officer
EDITOR LIAM McCOLL Director of Publications CO-EDITOR KIRTAN SWAMY Co-Editor of Publications
EDITORIAL TEAM: ASHMAL NALEEM Publications Officer EDMUND SIMPSON Publications Officer JANE BRANTHWAITE Publications Officer
SPECIAL THANKS TO: MINUTEMAN PRESS (c)
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