Monash Law hosts first Commonwealth Court sitting at a university
A Full Court hearing of the Federal Circuit and Family Court of Australia (Division 1) was held in the Moot Court of Monash University’s Law Faculty on Tuesday 30 April, 2024.
It’s not often that the story is about the courtroom as well as the people in the courtroom, but this is a story about a world-class courtroom that happens to be a teaching and research facility.
Monash University Law students were very happy to give up their prized teaching space to observe proceedings of a live Full Court appeal from the public gallery and an adjoining classroom.
This invaluable experiential learning opportunity enhanced students’ understanding of legal proceedings in a practical setting, by placing highly experienced King’s Counsels and Barristers in the same place where they study mooting, trial practice and advocacy.
The appeal was heard by a three judge bench, comprising the Hon. Chief Justice William Alstergren AO, the Hon. Justice Stewart Austin and the Hon. Justice Jillian Williams.
The Hon. Chief Justice William Alstergren AO, the Hon. Justice Stewart Austin and the Hon. Justice Jillian Williams sitting in the Monash University Moot Court.
“It's lovely to be the first national court to be able to sit in this Moot Court,” expressed Chief Justice Alstergren.
The Moot Court has previously been used at a state level when the Victorian Court of Appeal sat in the Moot Court in 2019 with Court of Appeal President the Hon. Justice Chris Maxwell, the Hon. Justice Pamela Tate and the Hon. Justice Mark Weinberg.
Introducing the Federal Circuit and Family Court of Australia to Monash Law students
Before the hearing began, Brian Glendenning, National Appeals Registrar and Senior Judicial Registrar and David Pringle PSM, CEO and Principal Registrar of the Federal Circuit and Family Court of Australia, and a Monash Law alumnus, welcomed students to the event.
“We're really excited within the courts to have you all be a part of today. It's a groundbreaking thing to do, to have the first, as far as we know, Commonwealth Court, sitting in an appeal hearing at a university,” shared Mr Pringle.
“As a former student of this law faculty, I'm really happy to be back here and I'm thrilled with the facilities that are here now. They are extraordinary,” said Mr Pringle.
“I wish we had all of this when I was here. You're very lucky to have the vision of people like the former Dean Professor Bryan Horrigan and the current Interim Dean, Professor Marilyn Pittard to be embarking on these sorts of projects,” commended Mr Pringle.
Brian Glendenning, National Appeals Registrar and Senior Judicial Registrar and David Pringle PSM, CEO and Principal Registrar of the Federal Circuit and Family Court of Australia talking to Monash Law students.
Brian Glendenning, National Appeals Registrar and Senior Judicial Registrar with the Federal Circuit and Family Court of Australia, provided students with an overview of the appeal and what they can expect to see happen in the Moot Court.
“When I studied some decades ago, often the first time that you went to an actual court was the day that you were admitted, unless you were lucky to work in a firm while you were studying. And the second day was usually your first day of work when you're sent down to the magistrate's court to do a plea on something, and you're panicked,” confided Mr Glendenning.
“In this particular full court, you've got three of the most senior appeals judges sitting. There will be excellent advocates appearing for the different parties and it's a very interesting case.”
In the spirit of full disclosure, Mr Glendenning advised students that they weren’t about to see the Hollywood version of court proceedings with colourful performances from barristers. Instead, this would be a more realistic working day for the court, with delight to be found in nuance.
“I don't want to sound like an appeals nerd, but it is interesting advocacy, particularly when you've got very experienced King’s Counsel appearing, which two of the advocates are. Sometimes it can appear a little dry, but if you listen carefully, you can always find enjoyment in some of the interchanges.”
Professor Marilyn Pittard, Interim Dean of the Monash University Law School, expressed the significance of such opportunities in shaping the best legal minds in Australia.
“Experiential learning is fundamental to our approach in preparing our students for the real world of law. Witnessing live court proceedings not only enriches their academic knowledge but also hones their practical skills and fosters a deeper appreciation for the complexities of law,” said Professor Pittard.
Monash Law Students share their Moot Court and their learnings
Two Monash Law students who were paying close attention to court proceedings were Sophia Ao and Pimal Senanayaka. Both are members of the Monash Law mooting team that won 8th place in the quarter finals of the Australian leg of the world's largest moot court competition, The Jessup 2024, in February.
“I think the main benefit for me was to actually be able to see the barristers in court. This relates a lot to the Trial Practice and Advocacy unit that we're doing,” confirmed Sophia.
“They're very calm and steady, very comfortable standing there. Over the past three semesters we’ve had three lots of mooting and we've slowly grown to feel a bit more comfortable standing up there. But it's good to be able to see that the barristers are so comfortable and natural there.”
For Pimal, the unique experiential learning opportunity was to see a top flight KC in conversation with a three judge bench.
“I've come to appreciate that style of advocacy, that conversational tone and really having a discussion about the topic with the judge, which is unique to appeal situations compared to trials. Also, seeing highly experienced KC’s go at it was really unique and you don't often get to see something like that,” enthuses Pimal.
“It’s pretty special when you're able to have that dialogue. We always try to adopt it, but it's difficult for us to do. I think it goes a long way towards building your case and doing so in a way in which you build rapport with the judge.”
Jessup 2024 Monash Law team Mridul Garg (Captain), Sophia Ao, Andrea Drakulic, Pimal Senanayaka, and Alec Muir with their coach William Lye OAM KC.
Sophia and Pimal’s Trial Practice and Advocacy lecturer is Associate Professor Jacqui Horan, who prepares students to stand up in the Moot Court and effectively put their argument to judges. Having very senior barristers stand and present in the same place the students have stood, gave them a visceral understanding of the power of quiet confidence.
“Both of the barristers were very good at listening to the judges, and as soon as one of the judges said, ‘not interested’, they moved straight on. They didn't stick to their script. They listened and they answered the judge's questions because that's the most important thing you have to do in an appellate decision,” says Associate Professor Horan.
For Associate Professor Horan, the benefits for Law students of having a national court sit in their place of learning go far beyond improved performance in mooting competitions.
“Law students learn about the theory of things. A real courtroom brings the law alive for law students. It gives them a taste of what's to come, what the future looks like, what it would be like to work in the Family Court as a barrister, a judge, an associate, or a solicitor,” says Associate Professor Horan.
“Many law students have never met a judge, so having that experience of seeing that judges are human is really important.”
Law students Sophia and Pima agree that this is an impactful moment in their legal studies at Monash University.
“I think Monash is in this really special position where we have this Moot Court that's exactly like a real court. Not many other universities have that. And to be able to see real judges and real barristers in there just makes it all much more tangible and real compared to studying law in a normal classroom,” shares Sophia.
“It's a serious matter, and the fact that they went out of their way to come and give us the experience is something quite special and meaningful to us as law students,” confirms Pimal.
Monash Law Alumni returns to campus as Judge’s Associate
Jacqui Lisle is Judge’s Associate to the Hon. Chief Justice William Alstergren AO and played an important role on the day of the hearing, as well as in the lead up planning for the Court’s visit to Monash University.
Jacqui completed an Arts degree at Monash University’s Clayton Campus before moving onto the JD (Juris Doctor) postgraduate program at Monash University Law Chambers. Coming back to Clayton Campus, this was her first opportunity to see and play an active role in the Moot Court.
“Comparing the Moot Court to our Melbourne Court, it ended up being really similar. So the Judge's bench is the same, and the bar table is the same with the instructors and barristers,” reveals Jacqui.
“The only difference was that normally, we would sit in front of our judges between the bar table and their bench. But we sat off to the side and it worked out really well.”
Once the Court was adjourned, all three judges and their associates returned to the Moot Court to talk to students and take some questions. Jacqui explained the role of the Judge’s Associate, but also described her first hand experience in the role.
“When you start, it feels like a big learning curve because the court system is nothing that you would be doing when you're paralegaling - it's a very different environment,” shares Jacqui.
“When I started, I just put in a lot of effort out of hours to read a lot of judgments that the judge had put out, and put in a lot of work outside the job to get up to scratch as well. I think that’s the best thing you can do, invest your time, especially when you've done PLT (Practical Legal Training) and you're no longer studying.”
One of the reasons that Jacqui found her way to the Federal Circuit and Family Court of Australia was because of her experience at Monash Law.
“My last unit at Monash was the Monash Law Clinic. So I did work all through my degree in commercial law and then doing the elective, I thought no, family law is where it's happening and where I wanted to work. So after that elective, one of the teachers there recommended a Judge's Associate role.”
“It is honestly the best job and I think it's the perfect time to do it when you graduate because you learn really, really quickly,” advises Jacqui.
It’s a sentiment endorsed by all three judges as well as Associate Professor Jacqui Horan.
“I was a judge's associate for two years, which was the best job of my life. And now I'm an associate professor so it has many positive effects.”
Judge’s Associate Jacqui Lisle shares her experience
Having the Federal Circuit and Family Court of Australia in the Moot Court exemplifies Monash University’s commitment to providing its students with a comprehensive legal education that extends beyond traditional classroom settings.
By offering opportunities for experiential learning, such as attending live court hearings, the University prepares its students to excel in their future legal careers and make meaningful contributions to society.
The Faculty of Law is extremely grateful and thanks the Federal Circuit and Family Court of Australia for all their work in bringing this experience to our students.
If you’re interested in pursuing a job in the Federal Circuit and Family Court of Australia, please visit the Federal Court of Australia Jobs - Jobs List - External (nga.net.au).