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:
- 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.
- 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.
- 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.
- Demonstrate technical legal and analytical competence in preparing and presenting expert evidence in a variety of professional disciplines.
- Critically analyse and apply expert judgment by synthesising complex information in preparing and presenting expert evidence in a variety of professional disciplines.
- 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.
- 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.
- 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. The report, together with more detailed instructions, will be available on Wattle from 7 June 2021.
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 1-4 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 | Weeks 1- 4 (Mon, 7 June 2021 - Sun, 04 July 2021) Case analysis and preparation, pleas in mitigation, civil applications, examination/cross-examination of witnesses and opening and closing submissions. Individual performance of advocacy – plea in mitigation, civil applications (minimum of 2 performances, but the more the merrier). Attend Zoom presentations on: Pleas Mon, 7 June 2021 5.00pm OR Wed, 9 June 2021 5.00pm Civil applications Mon, 14 June 2021 5.00pm OR Wed, 16 June 2021 5.00pm Examination/cross-examination Mon, 21 June 2021 5.00pm OR Wed, 23 June 2021 5.00pm Opening and closing submission Mon, 28 June 2021 5.00pm OR Wed, 30 June 2020 5.00pm All times listed above are Australian Eastern Standard Time | Assessment Task 1 due: From Tuesday, 8 June 2021 to Friday, 30 July 2021 (inclusive)(For booking forum details see Assessment Task details) Assessment Task 2 due: Monday, 28 June 2021 11.55pm (AEST) |
| 2 | Weeks 5 - 8 (Mon, 05 July 2021 - Sun, 1 August 2021) Individual performance of advocacy – plea in mitigation, civil applications (minimum of 2 performances, but the more the merrier) cont'd... Examination and cross-examination of witnesses – lay and expert. Participate in examination/cross-examination of live witnesses Bookings available from: Monday, 5 July 2021 to Friday, 13 August 2021. Booking forum closes: Thursday, 12 August 2021 5.00pm (AEST) | Assessment Task 1 due: From Tuesday, 8 June 2021 to Friday, 30 July 2021 (inclusive)(For booking forum details see Assessment Task details) |
| 3 | Weeks 9 - 12 (Mon, 01 August 2021 - Fri, 27 August 2021) Examination and cross-examination of witnesses – lay and expert cont'd... Written advocacy – Submissions to Judge | Assessment Task 3 due: From Monday, 9 August 2021 to Friday, 20 August 2021 (inclusive)(For booking forum details see Assessment Task details) Assessment Task 4 due: Friday, 27 August 2021 11.55pm (AEST) |
Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Advocacy participation and performance (25%) | 25 % | 07/06/2021 | 27/08/2021 | 1,2,3,4,5,6,7,8 |
| Cross-examination preparation (10%) | 10 % | 28/06/2021 | 16/07/2021 | 1,2,3,4,5,6,7,8 |
| Advocacy Assessment (40%) | 40 % | 16/08/2021 | 03/09/2021 | 1,2,3,4,5,6,7,8 |
| Final Submissions (25%) | 25 % | 27/08/2021 | 10/09/2021 | 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. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
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 complete & submit ALL assessment tasks in order to pass this course
Check Wattle 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.
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): until 2 October 2021.
Please make appropriate adjustments if you are located in a different time zone.
Assessment Task 1
Learning Outcomes: 1,2,3,4,5,6,7,8
Advocacy participation and performance (25%)
Format: Students will be required to participate in analysis, discussion, preparation and performance of case openings, examination and cross-examination of lay and expert witnesses and making submissions/applications during the course.
Oral feedback will be provided throughout the course at the end of each advocacy performance and the assessment will be graded with the consultation of all instructors after the course.
Assessment Due Date: From Tuesday, 08 June 2021 to Friday, 30 July 2021 (inclusive).
Further Information: A booking is essential to participate in this Assessment oral advice piece. Please note that the due date listed in the Assessment Summary refers to the first date the oral assessment will be conducted. These pre-booked assessments will be carried out until Friday, 30 July 2021.
Estimated Date of Results: 27 August 2021
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 2
Learning Outcomes: 1,2,3,4,5,6,7,8
Cross-examination preparation (10%)
Format: Cross-examination plan for the expert report.
Submission Date: Monday, 28 June 2021 11.55pm (AEST)
Estimated Date of Results: 16 July 2021
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
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
Learning Outcomes: 1,2,3,4,5,6,7,8
Advocacy Assessment (40%)
Format: Students will be required to do an advocacy assessment performance. The performances will be a mixture of applications/opening/ closing addresses and examination/cross-examination of witnesses. Oral feedback will be provided immediately after your performance.
Assessment Due Date: From Monday, 9 August 2021 to Friday, 20 August 2021 (inclusive)
Further Information: A booking is essential to participate in this Assessment oral advice piece. Please note that the due date listed in the Assessment Summary refers to the first date the oral assessment will be conducted. These pre-booked assessments will be carried out until Friday, 20 August 2021.
Estimated Date of Results: 03 September 2021
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
Learning Outcomes: 1,2,3,4,5,6,7,8
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: Friday, 27 August 2021 11.55pm (AEST)
Length: The total word length for this assessment should not exceed 2000 words.
Estimated Date of Results: 10 September 2021
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 the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
Online Submission
You may be required to submit an assessment either through:
- Wattle dropbox and Turnitin, or
- Wattle dropbox only, or
- 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
Policy regarding late submission is detailed below:
- 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.
- Extensions late submission and penalties - https://law.anu.edu.au/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. Extensions may be granted 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
Convener
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Ben Battcock
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Instructor
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Ben Battcock
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