“May it please the Court”: Mooting and advocacy competitions in 2021

By William Lye OAM QC

L to R: Harrison Philp, Merryn Cagney, Pippa Thorne, Kimberley Ng, Anastasia Patralis, Jeremy Brown, William Liu

This year twenty-eight Monash LLB students participated in sixteen Mooting and Advocacy Competitions in Australia and internationally. Students were undertaking the unit LAW4805 taught by Monash Law School’s Chief Moot Coach William Lye OAM QC.

It is the second occasion, due to the pandemic, where a cohort of LLB students learnt advocacy completely online without appearing in Monash Law's state-of-the-art Moot Court. The extended lockdown did not deter the students’ resolve to apply their advocacy skills in a virtual platform and with a high degree of success.

Michael Kirby Contract Law Moot

Not long after Semester 2 commenced in August 2021, the team comprising Kimberley Ng, William Liu, Pippa Thorne, and Merryn Cagney, competed in the 9th Annual Michael Kirby Contract Law Moot and reached the Semi Final. They narrowly lost to the ultimate winner of the Grand Final but they did win the Best Written Memorandum for Respondent.

L to R: William Liu, Pippa Thorne, Kimberley Ng, Merryn Cagney

Hugo Law Group Intervarsity Criminal Law Moot

In the 2021 University of Wollongong’s Hugo Law Group Intervarsity Criminal Law Moot held in September, the team comprising Justin Gass and William Liu reached the Grand Final and competed against the team from the Australian National University before NSW District Court Judges their Honours Andrew Haesler, John Hatzistergos AM, and Richard Cogswell SC (retired). The legal issues ranged from self-defence and causation to historically obscure offences like ‘refusing to assist a peace officer’. The judges were ‘blown away’ by the quality of the mooters. William Liu was adjudged by them as the best advocate for the Grand Final.

Source: University of Wollongong moot organisers

National Women’s Moot

Fresh from Monash’s victory in the University of Wollongong’s Hugo Law Group Intervarsity Criminal Law Moot Grand Final, the team comprising Brynnie Rafe, Lauren Stewart and Madison Wynen reached the Grand Final in the Baker McKenzie National Women’s Moot and competed against the University of Melbourne. They appeared before the Hon. Justice Lucy McCallum of the NSW Supreme Court (now Chief Justice of the Supreme Court of the Australian Capital Territory) and Dr Emily Hammond. They were declared the Runner-Up in a closely fought competition.

Top left: Maddison Wynen, Top right: Brynnie Rafe. Bottom: Lauren Stewart

Gender Identity + Sexuality Law Moot

In October 2021, the team comprising Jeremy Brown, Merryn Cagney and Winuri de Alwis made it to the Grand Final of the 2nd ANU Gender Identity + Sexuality Law Moot. They competed against the University of Auckland before the Hon. Michael Kirby AC CMG, the Hon. Justice Pepper, and Associate Professor Wayne Morgan. The judges declared that Monash won the Appeal and University of Auckland won the Moot. Jeremy Brown was adjudged joint Best Oralist with the mooter from University of Auckland.

Source: ANU moot organisers

Warren Moot

In November 2021, the team comprising Clare Stambe, Monique Scalzo and Jenna Dimitrakas won the VWL Warren Moot Grand Final by defeating legal practitioners from the law firm Allens. The Grand Final moot dealt with defamation law, which required discussion of the recent judgment of the High Court in Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27. The Warren Moot is named in honour of Prof the Hon Marilyn Warren AC QC, former Chief Justice of Victoria (2003-2017), Monash Law alumna and Vice-Chancellor's Professorial Fellow of Monash University. Professor Warren was judge of the Warren Moot Grand Final.

Source: Victorian Women Lawyers

Alfred Deakin International Commercial Arbitration Moot

In the Alfred Deakin International Commercial Arbitration Moot, the team comprising Anastasia Patralis, Harrison Philp and Dev Sharma received an Honourable Mention for their Written Memorandum. Another team member James Lyall was ranked 7th of 104 Oralists.

Invaluable assistance

Our students also had the privilege of engaging with the following judges, academics, and legal practitioners who gave freely of their time to assist in the practice runs of their moots.

  • The Hon. Justice Wilson, Federal Circuit and Family Court of Australia (Division 1)
  • Her Honour Judge Marks, County Court of Victoria
  • Associate Professor Luke Beck, Monash Law School
  • Peter Chadwick QC, Victorian Bar
  • John Arthur, Victorian Bar and President of the Chartered Institute of Arbitrators
  • Dr Michelle Sharpe, Victorian Bar
  • Glen Pauline, Victorian Bar
  • Donna Ross, Arbitrator and Mediator
  • Brydon Wang, JD (Monash), PhD Candidate
  • Samuel Roach, PhD Candidate

Former LAW4805 alumni Mudit Dhami, Katherine Ellis, and Naomi Gibbons (winner of the 2020 UTS Technology Law Moot), Catherine Zhou (ranked top 30 in the 2021 Jessup Moot Global competition), Estee Khoo, Tess Price, Joshua Gilliland, James Hadjiantoniou, Arman Riazati provided valuable support and assistance to this year’s LAW4805 cohort of students.

Mooting in 2022

There are 5 moots that our students will be competing in the first half of 2022 – HSF Computational Law Moot (Australia), Ian Fletcher Insolvency Moot (International), Oxford IP Moot (International), John H Jackson WTO Moot (International), and Nuremberg Moot (International).

We wish our students success for these international moots.