Advocacy is, in many ways, a specialised form of presentation, conducted within specific rules, processes and procedures. In this Advocacy course, you will have the opportunity to experience, both from the theoretical and practical, in practice perspectives that are the key elements of good Advocacy.

In this course, you will: 

• analyse case theories; 

• consider, discuss, prepare and perform competent examination and cross-examination of both lay and expert witnesses; 

• understand the principles and procedural requirements for experts’ reports; 

• consider, discuss, prepare and present competent openings and final submissions.

To maximise your learning opportunities, the course has a substantial face-to-face component involving active class participation and advocacy performance.  This is combined with an intensive online component, providing opportunites to experience case preparation and drafting relevant documents.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Demonstrate an advanced and integrated understanding of a complex body of knowledge incorporating the legal framework and practical aspects of expert evidence in a variety of disciplines.
2. Demonstrate mastery of theoretical knowledge of legal and ethical principles, issues, implications and risks, and a sound understanding of the context and methods applicable in conducting and dealing with expert witnesses and their reports.
3. Demonstrate current knowledge and cognitive abilities to advise a range of clients on legal, probity and related issues relevant to expert evidence, whether in the form of expert reports or ‘live’ expert witnesses, in a variety of professional disciplines.
4. Demonstrate technical legal and analytical competence in preparing and presenting expert evidence in a variety of professional disciplines.
5. Critically analyse and apply expert judgment by synthesising complex information in preparing and presenting expert evidence in a variety of professional disciplines.
6. Demonstrate cognitive skills to identify, contextualise and devise appropriate methods through critical analysis of complex information, to present expert evidence in a variety of professional disciplines.
7. Research and apply appropriate methodologies, technical, legal and practical knowledge to develop autonomously solutions-focused strategies to a challenging set of facts and circumstances and interpret that information in preparing and presenting expert evidence in a variety of professional disciplines.
8. Demonstrate and apply initiative and ethical behaviour in preparing and presenting expert evidence in a variety of professional disciplines.

Required Resources

There will be an expert report for you to read and prepare initial submissions, examination and cross-examination in readiness for the first day of the face to face intensive. The report, together with more detailed instructions, will be available on Wattle.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-2 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the convenor. If you feel that your feedback and grade does not reflect your performance, please contact the convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access

virtual through http://virtual.anu.edu.au/login. Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia.

Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year. The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website. We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Case analysis and preparation, examination/cross- examination of lay witnesses.?	Assessment Task 1: Sunday 11 August 2019
2	Case preparation for expert witnesses, analysis of experts’ reports, examination and cross-examination of expert witnesses (medical experts – sexual assault case)
3	Court visit – tendency and coincidence application. The theory of preparation for applications. Analysis and case preparation for final assessments.	Assessment Task 2: Advocacy participation Monday 12 August - 15 August 2019
4	Final face to face advocacy (in person, on your feet) assessments	Assessment Task 3: Thursday 15 August 2019
5	Written advocacy - submissions to Judge.	Assessment Task 4: Before Monday 26 August 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Cross-examination preparation (10%)	10 %	11/08/2019	26/08/2019	1,2,3,4,5,6,7,8
Advocacy participation and performance during the 4-day intensive (25%)	25 %	15/08/2019	29/08/2019	1,2,3,4,5,6,7,8
Advocacy Assessment (40%)	40 %	15/08/2019	29/08/2019	1,2,3,4,5,6,7,8
Final Submissions (25%)	25 %	26/08/2019	23/09/2019	1,2,3,4,5,6,7,8

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time).

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Cross-examination preparation (10%)

Format: Cross-examination plan for the expert report. 

Submission Date: To be submitted via Wattle by 11.55pm AEST of Sunday 11 August 2019.  

Estimated Date of Results: Individual feedback will be provided during the intensive including advice of assessment grade. 

Assessment Criteria: 

a)Preparation and understanding of the material 

• Consulting and reading pre-assigned materials in advance of the Course 
• consulting literature identified in the reading and course guide 
• where necessary undertaking original research 

b) Thinking critically about the material 

• Looking at questions from different angles 
• questioning assumptions
• use of appropriate language

c)   Expressing ideas clearly

So that other students and the instructor can understand them

d)  Understanding of the issues

• addresses the question and covers all the important points
• evidence of close consideration of the question
• issues raised by the topic are clearly and concisely identified

e)   Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

f)  Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Assessment Task 2

Advocacy participation and performance during the 4-day intensive (25%)

Format: Students will be required to participate in class analysis, discussion, preparation and performance of case openings, examination and cross- examination of lay and expert witnesses and making submissions/applications during the course of the 4-day intensive. 

Oral feedback will be provided throughout the 4-day intensive at the end of each advocacy performance and the assessment will be graded with the consultation of all instructors after the course. There will be no written feedback for face to face advocacy. 

Submission Date: 12 August - 15 August 2019

Estimated Date of Results: 29 August 2019

Assessment Criteria: 

Preparation and understanding of the material 

• Consulting and reading pre-assigned materials in advance of the Course 
• consulting literature identified in the reading and course guide 
• where necessary undertaking original research 

Thinking critically about the material 

• Looking at questions from different angles 
• questioning assumptions 
• use of appropriate language 

Expressing ideas clearly 

• So that other students and the instructor can understand them 

Engaging with other students and instructors in the discussion 

• Including encouraging others to speak 
• responding to what other have said 
• being respectful for a range of views and opinions 

If possible, linking material with your own background and knowledge 

• which involves relating the material to your own personal and professional experience 
• consulting literature identified in the reading and course guide 
• where necessary undertaking original research 

Engagement 

• Responding to questions from fellow students and instructors 
• Treating all members of the class respectfully 

Presentation, style and referencing 

• good use of structure, section headings and paragraphs 
• clarity and conciseness of expression, interesting and engaging of reader 
• use of appropriate terminology and correct grammar, syntax and spelling 

Understanding of the issues 

• addresses the question and covers all the important points 
• evidence of close consideration of the question 
• issues raised by the topic are clearly and concisely identified 

Communication & Development of Argument 

• clear theme or argument 
• arguments logical and well-organised 
• ideas/paragraphs linked coherently 

Argument/Analysis 

• originality of ideas and critical analysis of the material 
• complexity and insight in dealing with theory/ideas 
• suggestions for change where appropriate 
• addressing opposing arguments well-reasoned conclusions

Assessment Task 3

Advocacy Assessment (40%)

 Format: Students will be required to do 3 performances on Thursday 15 August 2019. The performances will be a mixture of applications/opening/ closing addresses and examination/cross-examination of witnesses. 

Specific performances and materials will be allocated on Wednesday 14 August 2019 (or earlier in the week, if possible). Some time will be set aside on Wednesday afternoon for preparation and discussion. However, you should allow for further time for individual preparation on Wednesday evening. 

Oral feedback will be provided immediately after your performance. There will be no written feedback for face to face advocacy.

Submission Date: 15 August 2019

Estimated Date of Results: 29 August 2019

Assessment Criteria: 

Preparation and understanding of the material 

• consulting and reading pre-assigned materials in advance of the course 
• consulting literature identified in the reading and course guide 
• where necessary undertaking original research 

Thinking critically about the material 

• looking at questions from different angles 
• questioning assumptions 
• use of appropriate language 

Expressing ideas clearly 

• so that other students and the instructor can understand them 

Engaging with other students and instructors in the discussion 

• including encouraging others to speak 
• responding to what other have said 
• being respectful for a range of views and opinions 

If possible, linking material with your own background and knowledge 

• which involves relating the material to your own personal and professional experience 
• consulting literature identified in the reading and course guide 
• where necessary undertaking original research 

Engagement 

• responding to questions from fellow students and instructors 
• treating all members of the class respectfully 

Presentation, style and referencing 

• good use of structure, section headings and paragraphs 
• clarity and conciseness of expression, interesting and engaging of reader 
• use of appropriate terminology and correct grammar, syntax and spelling 

Understanding of the issues 

• addresses the question and covers all the important points 
• evidence of close consideration of the question 
• issues raised by the topic are clearly and concisely identified 

Communication & Development of Argument 

• clear theme or argument 
• arguments logical and well-organised 
• ideas/paragraphs linked coherently 

Argument/Analysis 

• originality of ideas and critical analysis of the material 
• complexity and insight in dealing with theory/ideas 
• suggestions for change where appropriate 
• addressing opposing arguments well-reasoned conclusions 

Engagement with the “court” 

• clear address and responses 
• responding to questions from the bench clearly, coherently and relevantly 
• treating the bench and opposing counsel respectfully and in accordance with expected professional practice

Assessment Task 4

Final Submissions (25%)

Format: Students will be required to prepare final written submissions for the Judge in the case in which they have performed. 

Submission Date: Monday 26 August 2019

Length: The total word length for this assessment should not exceed 2000 words.

Estimated Date of Results: 23 September 2019

Assessment Criteria: 

Preparation and understanding of the material 

• undertaking original research 

Thinking critically about the material 

• looking at questions from different angles 
• use of appropriate language 

Expressing ideas clearly 

• so that the instructor (the court) can understand them 

Presentation, style and referencing 

• good use of structure, section headings and paragraphs 
• clarity and conciseness of expression, interesting and engaging of reader 
• use of appropriate terminology and correct grammar, syntax and spelling 

Understanding of the issues 

• addresses the question and covers all the important points 
• evidence of close consideration of the question 
• issues raised by the topic are clearly and concisely identified 

Communication & Development of Argument 

• clear theme or argument 
• arguments logical and well-organised 
• ideas/paragraphs linked coherently 

Argument/Analysis 

• originality of ideas and critical analysis of the material 
• complexity and insight in dealing with theory/ideas 
• addressing opposing arguments 
• well-reasoned conclusions

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1.   Wattle dropbox and Turnitin, or

2.   Wattle dropbox only, or

3.   Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students