MURDOCH UNIVERSITY MOOT COURT BENCH
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Transcript of MURDOCH UNIVERSITY MOOT COURT BENCH
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MURDOCH UNIVERSITY MOOT COURT BENCH
International Mooting Opportunities @ Murdoch
Inter-State Moots
Administrative Appeals Tribunal Moot Shine Lawyers Torts Moot Hon. Michael Kirby Contract Law Moot Sir Harry Gibbs Constitutional Law Moot
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Administrative Appeals Tribunal Moot
The Competition
Murdoch chooses two teams of three students each to compete in this moot
The moot scenarios focus on various areas of administrative law including immigration and citizenship, social security, veterans’ affairs, workers' compensation and taxation
The Tribunal conducts merits review which involves a complete reconsideration of the factual, legal and policy considerations relating to the decision under review
Structure of the Moot
Team members will attend a Tribunal hearing prior to commencement of the competition to observe the role of counsel in the merits review setting
Each round will have a new question drawing on a different area of administrative law
The scenario for each round will be released one week before the competition date
Structure (Con’t)
The first one or two rounds will be conducted at the Perth registry before a member of the Tribunal
Following the state or territory competitions, eight teams will enter the national finals with the grand final being held in Brisbane and adjudicated by the President of the Tribunal.
Preparation and Mooting
Each round will require the preparation of written submissions (around 10 pages)
Competitors will complete a number of practice moots with the team coach
In each team two members will speak and one will act as solicitor
Each round is a knock-out
Competition Timetable
2014 Competition Timetable Round 1: 5 – 7 August Further rounds are held throughout August &
September Grand Final: 7 October
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Shine Lawyers Contract Moot
Type of Law
Torts law (LAW152) Court of Appeal style moot QUT in Brisbane Finals held in Supreme Court Very similar to Junior/Senior Mooting
The Team
1 Team 3 Students
Memorials
Not required to submit full written submissions Outline of Appellants arguement Respondent’s 2 weeks later New outline for Semi Final/Grand Final 4 Pages long 10% of marks
Structure
4 moots Semi Finals Grand Final
Awards
Winning team: $500 Runner-up: $200 Best Mooter in final round: $100 Best Mooter in general rounds: $100
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Hon. Michael Kirby Contract Moot
Type of Law
Contract Law Simulation of an arbitration in a contract dispute Written Memoranda and Oral hearings Great competition to do to transition into big
international ones
Universities
15 Universities Monash UWS Griffith Melbourne ANU UWA
24 Teams
The Team
1 team 3 members Preparation time of approx 2.5 months
Memorials
Memoranda are 15 pages long Scored by
quality of the analysis; persuasiveness of argument; thoroughness of research; clarity of the writing; and adherence to the rules
Not given memos in elimination rounds
Structure
4 moots per team minimum 2 each side 2 per day Top 16 to elimination rounds Quarter Final- 8 Semi Final- 4 Grand Final- 2
Oral Hearings
30 minutes for orals 15 minutes per speaker
Awards
The awards given in the moot are: Award for the Winning Team in the Final Rounds Award for the Runner Up Team in the Final Rounds Award for the Best Individual Oralist in the Final Rounds Award for Best Written Memorandum for Claimant Award for Best Written Memorandum for Respondent
Honourable mentions will be made for: The Highest Scored Team in the General Rounds The Highest Scored Oralist in the General Rounds The Highest Scored Oralist in the Final Rounds
Timeline
Dates aren’t out yet… 2013 dates were late September Monday 23 September 2013: Opening briefing,
general round Tuesday 24 September 2013: Elimination round Wednesday 25 September 2013: Semi-final round,
final round and awards function
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Sir Harry Gibbs Constitutional Law Moot
Gibbs Constitutional Law Moot Team 2013
Gibbs Constitutional Law Moot Team 2012
The Competition
Team of 3 Constitutional Law Question
Participants must have completed or undertaking LAW259 Constitutional Law
Almost every major University in Australia and NZ participates
Run by University of Canberra in ACT Finals held in High Court
Timeline
Actual Dates have not been confirmed Traditionally held in October Students need to be available in September &
October.
The Format
High Court First Instance Case Plaintiffs and Defendants
2 Speakers on each side 4 General Rounds
2 Rounds as Plaintiff & 2 Rounds as Defendant Quarter Finals; Semi Finals Grand Finals
Judged by Hon. Robert French CJ in 2013
The Benefits
Largest Domestic National Moot Looks Great on your CV
Opportunity to Actually Appear in the High Court For Grand Finalist
Social Events 2013 Team enjoyed the following
Gala Night Cocktail Evening Pub Crawl
International Moots/ Competitions
INADR International Mediation Tournament International ADR Mooting Competition International Maritime Law Arbitration Moot International Institute of Space Law - Manfred Lachs Moot Willem C. Vis International Commercial Arbitration Moot Philip C. Jessup Public International Law Moot
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INADR International Mediation Tournament
About the Moot
3 Competitors per team. 56 Teams from around the world competed in 2014. The INADR International Law School Mediation Tournament is
organised annually by the International Academy of Dispute Resolution.
The competition was hosted in Chicago this year. A unique aspect of this tournament is its strong focus on
education and training, with students given the opportunity to participate in two days of advanced mediation training conducted professional mediators before the commencement of the competition rounds.
Structure of the Moot
Teams of three students each go through three preliminary rounds serving as mediators, as well as advocates and clients.
Mediators work in pairs, with the co-mediators being from different schools
Mediators are judged on their ability to work together with their co-mediator in addition to their listening skills, their ability to help that advocates and clients see the strengths and weaknesses of their cases.
Advocates and clients are judged on their ability to present their case, to articulate their strengths and weaknesses, and to work with the mediators toward a solution while also meeting their needs and interests.
Awards
The 2014 Murdoch team won awards for their overall results in both the lawyer/client and mediator categories of the competition, finishing as the 5th and 7th ranked teams overall in those categories.
The Murdoch Team was rank 6th best individual lawyer/client pairing, which was a ranking achieved against 168 individual pairings competing in the preliminary rounds. Finally, the team was awarded the H.Case Ellis Mediation Award.
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International ADR Mooting Competition
About the Moot
3 people will be selected to represent Murdoch university.
The Moot is conducted by City University of Hong Kong in association with the China International Economic and Trade Arbitration Commission (CIETAC), Columbia University (New York), and UNCITRAL - Regional Centre for Asia and the Pacific.
It is run from 27 July to 2 August in Hong Kong
The Format
In each round teams will be engaged in both mediation and arbitration.
In the moot, arbitration will be conducted first followed by mediation. At the conclusion of the arbitral hearing the two legal counsels for each side will divide their duties during the mediation with one acting as client and the other as attorney/legal counsel.
A third student from each university competing will act as an arbitrator and mediator for a different moot in which two other universities are competing. This student will serve initially as an arbitrator (one of three) sitting as the arbitral panel. Then the student will personally conduct the mediation that follows the arbitration.
History
Murdoch has been very successful in this event. Murdoch has won the following honors:
Winners: 2010 Highest Ranked Team – General Rounds: 2012 Runner Up: 2011, 2012 Runner up Team – Memoranda: 2010 Best Mediator: 2010, 2012 Best Mediator – General Rounds: 2012 Best Oralist – Arbitration Proceedings In Finals: 2012 Best Oralist – Arbitration Proceedings: 2010, 2011, 2012
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International Maritime Law Arbitration Moot
Features of the Competition
Created and run by Murdoch University Murdoch teams are very successful Supported by leading advocates
Style
Arbitral Proceeding Sitting Down Mr or Madam President/ Arbitrator
Type of Law
International Commercial Maritime Law Jurisdiction and Merits Sections Jurisdiction – Power of tribunal Merits – Pirates; Ships Blowing up; Breach of
Contracts; Negligence
Universities
Murdoch University University of Queensland National University of Singapore City University of Hong Kong National Law School of India University Others
The Team
4 MembersPreparation Time 7 Months
MEMORIALS
Claimant v Respondent 25 Pages Each
Structure
4 General Rounds Quarter Finals Semi Finals Grand Final
SPEAKING TIME
Two oralists per team per round 40 minutes of speaking time Divided how teams choose Claimant’s rebuttal option
AWARDS
Best Memorials Oral Rounds Highest Ranked Team in General Rounds Best Speakers Awards
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International Institute of Space Law - Manfred
Lachs Moot
LACHS
Created by the International Institute of Space Law
Has grown from 3 universities in 1992, to 60 universities worldwide
STYLE
Jessup style moot International Court of Justice Acting as Applicant or Respondent
TYPE OF LAW
Public International Law Space Law – lex specialis
International disputes between States COPOUS
TEAM MEMBERS
3 Members Length of Moot 6 – 10 Months
MEMORIALS
Applicant and Respondent 35 pages or 9,000 words Additional information included
THE WAY IT RUNS
Regional Rounds between March and June 4 teams (the winners from each regional round)
compete in the world finals in Toronto, Canada Held from 30 September to 2 October Heard by 3 sitting members of the ICJ
SPEAKING TIME
Two oralists per team per round 30 minutes of speaking time in regional rounds Divided as the teams choose Applicant – rebuttal; Respondent = sur-rebuttal
AWARDS
Awards given in World Final Round: Best Memorial Winner Best Oralist
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Willem C. Vis International Commercial
Arbitration Moot
Willem C. Vis International Commercial Arbitration
Moot
Vis
4 team members Early October to mid April Travel to Vienna
o More than 300 Universities from all over the world!
About the Moot
International Commercial Arbitration United Nations Convention on Contracts for the
International Sale of Goods (CISG)o Questions of contract relating to the sale of goods
under the CISGo Procedural/ Jurisdictional issues of arbitration
Schedule
Friday, 4 October 2013 - Distribution of the Problem Thursday, 12 December 2013 - Memorandum for claimant due Thursday, 23 January 2014 - Memorandum for respondent due Thursday, 10 April 2014 - Moot Alumni Association Welcoming Party Friday, 11 April 2014 - Official Welcome and reception Saturday - Tuesday, 12 – 15 April 2014 - General Rounds of argument Tuesday evening - Wednesday – Thursday, 15 - 17 April 2014 -
Elimination Rounds of argument Thursday, 17 April 2014 - Awards Banquet
Vis submissions
Written submissionso 35 pages each for claimant and respondent o Written memorials do not contribute to your score in the oral rounds of
the competition Oral submissions
o 2 people from each team speak in each moot o 30 minutes to be divided for each teams oral presentation
o No right of rebuttalo Oral rounds take place in:
o Juridicum (Faculty of Law of the University of Vienna)o DLA Piper o Baker & McKenzie
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Phillip C. Jessup Public International Law
Moot
The Competition
Jessup is the world’s largest and most prestigious mooting competition with participants from over 550 law schools in more than 80 countries
The moot simulates a dispute between countries before the International Court of Justice, the judicial organ of the United Nations
The moot scenario can cover any area of public international law
Structure of the Moot
Competitors work in a team of 5 to research the scenario and produce written memorials
The scenario is released in mid-September and written submissions are submitted in January
Teams will compete in national qualifying rounds in order to make it to the international round in Washington D.C
Structure (Con’t)
The Australian national oral rounds are held in Canberra before judging panels of experienced lawyers from the Attorney-General’s Department and DFAT
The top two teams from the national rounds will qualify to compete in the White & Case International rounds
The Benefits
Provides competitors with advanced international research skills
Competitors will vastly improve written advocacy skills and the ability to develop concise and persuasive arguments
Competitors are given advanced oral advocacy training and the opportunity to test their skills before panels of highly qualified judges
Benefits (Con’t)
Jessup is the moot that all firms know, and they know the level of work and commitment that goes into this competition
Networking opportunities are vest in the national rounds of Jessup and the competition is advantageous if competitors want to apply for positions in government departments
The Expectation
The research and writing stage of Jessup takes place over the summer break and requires a disciplined commitment from competitors to get the work done!
You are representing yourself, your team mates and your University!
Mooting Application Process
For 2014 Winter Break / S2 Moots What are we looking for in applicants?
o Strong academic recordo Demonstration of advocacy skills
o Through participation in internal competitions and smaller moots
o Ability to work in a team
Applications
Two round of applications each year Written Application including:
o Application Formo CVo Academic Transcript
*Written applications must be emailed to Michelle Barron no later than 5pm Friday 4 April*[email protected]
Applications cont.
Interview:o Interviews will be held on Saturday 12 April
o Applicants will be advised of their interview timeslot on Tuesday 8 April
o Panel of 3 moot coacheso Standard interview questionso Presentation of short 3 minute speech on any legal topic of
their choice Students will be advised of the team selections the
following week
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Questions&
Answers