Moot Court Practice Written Submissions

Moot Court Practice Written Submissions

(i) There is no need to file an Appearance.

(ii) Students do best when they appear as a legal team of two. They may pair up lodging their preference simultaneously for the same venue, date, and time. Students must show this on their Group Selection. The Unit Coordinator encourages students to find a partner. But, students are not required to find a partner. If students cannot do so, students may ask the Moot Court Registrar to allocate partners. The registrar will do the best he can to accommodate the students requests.

(iii) Students are at liberty to decide their own positions in the team. The list of appearances does not dictate the seniority of counsel.

(iv) A legal teams submissions consist of two parts:

The First Part -Written Submissions

Teams file these in accordance with the moot court rules. This is a test of persuasive legal writing. The bench will assess it as part of the moot. It is a document on which the two (2) legal team members collaborate to prepare. Thefour (4)elements of written submissions are:

1. A statement of the issues or grounds

2. A statement of the relevant facts

3. A succinct argument

4. The orders the party seeks

(v) Students must carefully format their written submissions. This formatting must follow the published rules and forms of the court in which the moot is set. So, if its an HCA matter, legal teams should follow the HCA format. If its a Court of Appeal matter, then the NSW Court of Appeal forms are appropriate. In regard to margins, if there is a conflict with the School of Law protocols, then the court format prevails.

(vi) Left margin for headings 2.5 cm, narrative 3.5 cm; right margin 2.5 cm.

(vii) Submissions must have numbered paragraphs.

(viii) Page numbers must be at the top of each page.

(ix) Submissions must be no more than seven (7) pages, double-spaced lines in Arial, Lucinda Sands, or Times New Roman, size 12 font. This limit includes the courts cover page, the body of the submissions, the List of Authorities, and the Bibliography.

(x) Footnoting must comply with the Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 4th ed, 2018).

(xi) At the back of the written submissions, within the seven (7) pages, , there should be a

List of Authorities - The six (6) cases on which the legal team will be primarily relyingBibliography- The texts and scholarly works found in research and any other casesList of Legislation - The relevant statutes and regulations

(xii) Submissions must rely on no more than six (6) cases. These are in addition to any cases which the moot problem may mention. Students must refer to authorised report series.

(xiii) This case limit does not apply to relevant scholarly or academic works.

(xiv) Where there is an issue regarding interpretation of the moot problem, students must:

Contact their opponents to see whether they can reach agreementIf agreement is reached, then senior counsel must inform the court at the outset of the hearingIf agreement is not reached, then senior counsel must inform the court of the points of difference at the outset of the hearingParties may make reasonable assumptions by agreement with their opponents; they must then inform the bench when the hearing starts

(xv) What the bench is looking for in the written submissions is clear, concise, and correct plain language.Sentences should be in the active voice and 20 words or less.This drafting is the scaffold for valid arguments, logical presentation, and relevant authorities in support.Authorities are, of course,statutory or common law. AGLC also applies.

(xvi) In only exceptional circumstances may counsel contact the court/bench direct before the hearing. In those exceptional circumstances, counsel must cc their partner and both opponents into all such correspondence.

(xvii) When making oral submissions, students may use laptops or tablets at the lectern. But, students need to be aware that there have been instances in the past when networks have failed. Should this happen, the bench cannot wait. So, students must have a hard copy back-up.

**************************************IMPORTANT NOTE**************************************

Legal teams MUST create a header at the top of their written submissions.

In the header, teams MUST insert the names and student numbers of team members.

Failure to take these steps may result in the court being unable to identify written submissions.

Listing #: _____

LAW480 Assignment III Advocacy (Moot)

Written Submissions Marking Sheet

Senior Counsel

Surname:____________First name:____________Student No:____________Junior Counsel

____________________________________

Research

Court Form

List of Authorities

Legislation (biblio)

Journals (biblio)

Texts & other resources (biblio)

/1.5

Elements

Issues(1)

Facts(1)

Argument structure, sound, logical(10)

Orders(1)

Policy and Principle + ALRC, MABO(2)

/15.0

Writing

Clear, concise & correct

Short sentences, active voice, plain language

AGLC

Proofing /3.5

Total Mark

/20