Monash University High School Mooting Competition
MOOTING GUIDE
Moot Rules:
1. Each team must consist of two students acting as barristers as well as one optional solicitor.
2. It is the team’s responsibility to remain within time limits, so prepare carefully. Try to be
succinct and get straight to the point.
3. Competitors MUST wear school uniform. If students attend a school that does not have a school
uniform, corporate dress in required.
4. Upon electing to compete, all teams must be available to compete in the Final on Sunday 2
August if they are successful.
5. The decision of the judges in relation to rules and execution of the competition will be final.
Pre-Moot Essentials:
1. TEAMS
A mooting team consists of two or three people: A Senior Counsel and Junior Counsel and the
option of a third person acting as a solicitor. The solicitor’s role is to help with formulating
arguments, research and support in the courtroom, but not to present oral argument. The roles of
Counsel are described below.
2. RELEASE OF PROBLEM
One team will appear for the Appellant while the opposing team will appear for the respondent.
You will be told which of these you will be representing, and who your opposition team will be,
once registrations have been finalised. A typical problem will outline a brief set of facts, summary
of the trial judge’s findings, and an indication of the party appealing the decision.
The same problem will be mooted in all rounds
3. PHYSICAL LAYOUT OF THE COURT
The moot room will be setup to reflect the layout of the Court. Where possible, the Practice Moot
room will be utilised, otherwise tutorial rooms in the law building will be used.
•
•
•
The judges will sit behind a table at the front of the room facing the competitors
Counsel sit facing the judges, with Senior Counsel closest to the middle of the room
Counsel for the Appellant should sit to the judge’s right with Counsel for the Respondent to
the left
4. STRUCTURE OF MOOT
Appearances: Senior Counsel for the Appellant then Senior Counsel for the Respondent will
introduce their teams to the bench.
“If it pleases the Court. My name is …………. And I appear as Senior Counsel for the
Appellant/Respondent, with my Junior Counsel ……….”
The judges should be addressed as ‘Your Honour’ or ‘Your Honours’
Submissions: The Appellants submission by Senior Counsel will be heard first followed by Junior
Counsel. The Respondents submission by Senior Counsel will then be heard, followed by Junior
Counsel. Each submission must be no longer than 10 minutes.
1
Questions from the Bench: Be prepared to answer questions posed by the judges either during or
immediately following your submission.
Each moot should take no longer than 60 mins in total.
A Guide to Mooting
1. Prepare your arguments
Preparation is crucial to success in any moot. Generally the better prepared you are, the less
demanding the moot itself will be.
2. Research the general points
Once the relevant areas of law involved have been determined, and the points which arise from
arguments and issues identified, the next step is to look at primary sources – cases and statutes.
The ultimate goal is to find a case that directly relates to the set of facts given to you. However, this
is highly unlikely. So the idea of a ‘moot’ is to use legal analogy, that is, to use cases that have
similar facts so that the decision reached in that case can be applied to this problem. This is
arguing using persuasive authority.
A list of cases and the legal principles applied has been provided so you do not need to do
independent research. Of course you are welcome to look further into these cases if you choose to.
However, you can only use the cases provided by Monash University during the moot.
3. Structure your Argument
The ability to structure an argument in a logical manner is a vital skill not only in a moot, but also
in many legal tasks.
The preferred method of legal reasoning is what is called the ‘inductive-deductive’ process. This
involves gleaning, or inducing, a principal from another case and applying the principal to the facts
given in your problem. Using the following structure will improve your argument:
a. State what the broad principle is
b. Describe how it is relevant to the facts given
c. Outline what specific principle should be followed in this case (i.e. show how similar
the fact situations are, and pre-empt any attempt by your opponent to distinguish the
facts)
d. State how the principle helps your clients case
For example:
The necessary elements to establish a duty of care are………. In this case these elements
have/have not been sufficiently fulfilled to establish the D owed a duty of care as indicated by
the decision in Donahue v Stevenson where ………
4. The ‘even if’ argument
It is often necessary to run alternative arguments. For example, if your first argument is that there
is no duty of care, your second submission could be that “even if” the court finds a duty of care was
owed, there was no causation.
2
5. Reading from a script
While it is not always desirable to read submission directly form a script, it is understandable and
acceptable given the task at hand. Try and present as much argument as possible without directly
relying on a script but if you do find it necessary to read from a pre-prepared script, here are some
tips to engage the bench:
a. Do not hurry: read the script deliberately and pause in appropriate places.
b. Put a bit of life into your reading: try to read in the same way as you would normally
speak.
c. Remember the importance of eye contact in communication: the listener will find your
performance dull and unconvincing if your head is perpetually buried in your notes.
Learn to glance at the script, absorb a sentence or phrase, look up at your audience and
deliver the sentence or phrase from memory. Then as you finish the sentence or
phrase, glance down once more to take in the next passage to be read.
d. Remember that even when reading from a script you must read meaningfully: give
words their proper emphasis and look up at the bench as often as possible.
6. Answering questions from the Bench
A judge will interject throughout your presentation to ask questions to clarify a point you are
making or perhaps test your knowledge on a particular point. This is a great way to score
points if you can competently answer the questions asked. It is unacceptable to simply state
that you will address that point later in your submission. Be prepared to deliver your
submission out of the order you had intended.
It is possible and advisable to ‘pause’ if you cannot answer a question. It is a sign of poise and
confidence to be able to ask “If your Honour pleases, may I please refer to my notes?” Then
proceed to find the answer in your notes. This is where it is crucial for your Junior Counsel or
Solicitor to be switched on and listening and following your argument. They should be able to
quickly refer you to a relevant answer from notes your team has prepared.
If you do not have an answer, then politely state that by saying something like, “my apologies
your honour but I cannot answer that question at this time”.
7. Scoring points
Have a good opening statement, such as a pivotal quote, a strong or controversial statement, or
a sentence that puts your case in a nutshell. The bench appreciates putting your case in a
nutshell.
Clearly articulate each submission by identifying each separate argument you are making.
Attempt to sound convincing in your closing statement, by listing the points on which your
case rests and stating why the court should find in favour of your client.
8. Court Etiquette
Introduction of speakers:
Senior Counsel for the Appellant then Senior Counsel for the Respondent will introduce their
teams to the bench.
“If it pleases the Court. My name is …………. And I appear as Senior Counsel for the
Appellant/Respondent, with my Junior Counsel ……….”
3
Role of senior and junior counsel:
Senior counsel will briefly outline the points that will be covered by senior counsel and junior
counsel respectively. Senior counsel will then make her/his submission. Junior counsel will
follow, making his/her submission and then end by summarising their case.
9. Court formalities
Court language and formalities are one aspect of mooting that takes a little time to get used to.
Some of the phrases often used in moots are:
•
•
•
•
“My learned friend” – when referring to your opposition
“My learned leader” – Junior Counsel referring to Senior Counsel
“If you honour pleases” – OK, thank-you or acknowledging a rebuke or decision from
the Bench
“With respect your honour” – you are mistaken – Use with extreme caution!!
10. Judges titles
Supreme Court and High Court
a. Address judges as ‘your honour’ or ‘his/her honour’ for the third person
b. Refer to judges by name as Justice_________ (High Court) of Mr/Ms Justice _____ (Supreme
Court)
c. Refer to several judges by their names as ‘Justices ______, _______, _______
d. Remember if there is more than one judge on the bench and you want to address all of
them, address them as ‘Your Honours’
11. ‘V’ in case names
The ‘v’ is read as ‘and’ in civil cases.
The ‘v’ is read as ‘against in criminal cases.
It is never against.
‘r’ is read as ‘the Crown’
12. A FEW TIPS
1) Focus on your best arguments and present your strongest argument first.
2) Choose your arguments selectively; do not raise every possible argument (you won’t have
time).
3) Ground your arguments in relevant authorities – either statute or case law.
4) Expect the judges to take your arguments in a different direction to what you expected. A
judge may ask questions away from the structure your prepared. Try to be flexible and
address each argument with confidence.
5) Maintain a respectful and friendly dialogue with the Bench.
6) Think defensively and try to anticipate any weaknesses in you arguments that you are
likely to be asked questions on.
7) For the sake of expediency, it’s ok, and in fact often preferable, to concede an argument if
you agree with your opponent. For example, if you agree that a duty of care is owed, there
is no point trying to argue that it is not. This will not earn favour with the Bench. The
Bench will be more impressed if you concede. Simply state “the respondent/appellant
concedes that a duty of care was owed”. That way you can simply move on. However, do
not concede unless you are sure you do not have a counter argument.
4