May it please the court: Monash Law mooting success in 2024

Participation in mooting and advocacy competitions remains one of the most rewarding opportunities for law students to develop and showcase their advocacy, legal reasoning, and teamwork skills. It allows them to step into the shoes of legal professionals, grappling with complex legal problems in high-pressure environments.

Over the past few years, Monash Law’s mooting teams have consistently demonstrated exceptional talent, resilience, and dedication across a wide range of competitions. Whether addressing nuanced issues in public international law, navigating intricate questions of corporate liability, or advocating for clients in simulated arbitration settings, Monash law students have risen to the challenge with remarkable skill and tenacity.

Each moot offers unique insights into different areas of law, encouraging students to hone their abilities in legal research, argument construction, and oral advocacy. Beyond the technical skills, these competitions foster invaluable networking opportunities with peers, judges, and legal professionals worldwide, all while deepening their understanding of the law in practical, real-world scenarios.

Mooting highlights of 2024

This year has been one of remarkable achievements for Monash Law’s mooting teams, showcasing the strength of the program and the dedication of its law students. Competing in multiple prestigious competitions, Monash JD and LLB students have continued to achieve outstanding results.

Monash Law is proud to support and celebrate the success of its students as they excel on national and international stages. The results this year underscore not only the skill and determination of our mooters but also the effectiveness of Monash Law’s holistic approach to advocacy training.

Global mooting rankings reflect regional challenges

The 2023 rankings by NICA.TEAM reveal a significant shift in the global mooting landscape. Monash has dropped from the top spot to second place in Australia/Oceania and 21^st globally, with only one Australian university now ranked within the top 20.

Two Australian universities, Monash University and the University of Sydney, hold positions between 21 and 28 globally. Singapore Management University remains firmly in the top five, while the National University of Singapore has fallen from its top place to tenth.

This decline in rankings underscores a mounting challenge - the escalating costs of travel and accommodation, compounded by heightened geopolitical tensions, are restricting Australian teams' opportunities to compete internationally.

These barriers, particularly in the context of travel to Europe and the northern hemisphere, pose a significant threat to universities’ ability to sustain or enhance their global standings.

Our JD/LLB students are, however, grateful to the leadership at Monash University and Monash Law sponsors who continue to support and invest resources in our mooting program, ensuring our students’ ability to participate on the world stage and uphold Australia’s reputation for excellence in legal advocacy.

Breaking new ground with the Jessup moot competition

The Philip C. Jessup International Law Moot Court Competition is the pinnacle of mooting for law students, with over 700 law schools globally participating.

In the Australian rounds held in Canberra, the Monash team comprising Mridul Garg (Captain), Sophia Ao, Andrea Drakulic, Pimal Senanayaka, and Alec Miguel achieved a remarkable result by reaching the Quarter Finals and finishing 8th overall, marking the highest ranking in Monash’s recent history under my guidance as Chief Moot Coach.

Monash was also declared joint winners of the Applicant Memorial alongside the University of Western Australia, showcasing the depth of research and precision in the students’ written submissions.

The team competed valiantly, defeating the University of Melbourne and the Australian National University before narrowly falling to Macquarie University, the eventual Grand Final winner.

Read more about the The Philip C. Jessup International Law Moot Court Competition

Image: Joint winners of the Applicant Memorial at Jessup 2024, Monash Law and the University of Western Australia mooting teams. L to R: Mridul Garg, the Western Australian team members, Pimal Senanayaka, Sophia Ao, Alec Miguel, Andrea Drakulic

Resilience amidst challenges in the International Bar Association International Criminal Court Moot 2024

The IBA ICC Moot competition is a prestigious event held in The Hague, bringing together law students worldwide to simulate International Criminal Court proceedings. It combines rigorous legal challenges with opportunities for professional development through workshops and discussions on international justice themes.

The 2024 edition featured discussions on accountability for war crimes and career guidance for international criminal law​.

Monash University's performance at the 2024 IBA ICC Moot Court Competition demonstrated significant adaptability and resilience. In contrast to 2023, when the team comprised four members and reached the Semi Finals, the 2024 team achieved a strong Quarter Final finish with just three members.

This shift highlights the team's ability to manage workloads efficiently and maintain competitiveness under different circumstances.

Image: L to R (seated) are panel judges, Kirsten Calhorn, Professor Michael Scharf, Professor Pouria Askary. Standing are the mooting teams including Strathmore University and Monash University

In the Quarter Final rounds, Monash University was up against Strathmore University and George Washington University. The Strathmore University team won the round and proceeded to come second place in the competition. Author of the Moot problem, Professor Michael Scharf was presiding with Kirsten Calhorn, and Professor Pouria Askary.

In feedback Professor Scharf described the round as a “virtual tie with a slight edge to Strathmore University on rebuttal”.

Monash's achievement underscores the importance of strategic preparation, leveraging each team member's strengths, and focusing on critical legal arguments. As the competition continues to attract top-tier university teams globally, Monash's success with a leaner team could inspire future participants to emphasise quality over quantity in team composition.

This performance reflects the program's strength in preparing students for high-pressure, international legal settings.

Image: L to R (seated) are panel judges, Oleksandra Miroshnychenko, USA Judge Del Atwood, Leo Atwood, Carlos de Almeida Lemos. Standing are the 3 teams representing Defence, Victim, and Prosecution including their coaches

While in Den Haag, I took the opportunity to visit prosecutors at the Mechanism for International Criminal Tribunals (MICT) and the International Criminal Court (ICC) to discuss my pro bono work for the Australian Federation of Ukrainian Organisations and possible internship programs for Monash law students.

The MICT was established by the United Nations Security Council in 2010 to carry out essential functions of the now-closed International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It ensures continuity in international criminal justice by handling ongoing responsibilities, such as the enforcement of sentences, managing archives, and trying residual cases. The MICT has two branches, located in The Hague, Netherlands (for the ICTY) and Arusha, Tanzania (for the ICTR).

Image: Attending meeting at the MICT with Senior Legal Officer, Officer-in-Charge, Office of the Prosecutor, Mechanism for International Criminal Tribunals

Image: Attending meeting at the International Criminal Court with Senior Prosecutor of the ICC

The ICC is a permanent international tribunal established in 2002 under the Rome Statute to prosecute individuals for the most serious crimes of international concern -  genocide, crimes against humanity, war crimes, and the crime of aggression.

Headquartered in The Hague, Netherlands, the ICC is independent of the United Nations, though it maintains a cooperative relationship with the organisation.

The ICC represents a milestone in global accountability for atrocity crimes, complementing national judicial systems and providing recourse when justice is unattainable domestically. It seeks to deter such crimes through prosecution, uphold international humanitarian law, and deliver justice for victims on a global scale.

A global triumph in the Alfred Deakin International Commercial Arbitration Competition

The 2024 Alfred Deakin International Commercial Arbitration Competition brought together 47 teams from across the globe in a virtual platform. Monash Law’s Team 2 - comprising Hamish Cameron, Riley Lenard, and Anthony Clendinen - not only won the competition but also demonstrated exceptional advocacy, with Hamish Cameron receiving the Best Oralist award in the Grand Final.

Monash Team 1 (Erin Page, Prudence Spencer, and Claire Qian) also excelled, reaching the Quarter Finals and earning honourable mentions for their Claimant and Respondent written submissions.

Team 2’s journey to victory included overcoming a highly competitive Semi Finals and adapting to the unique challenges of a virtual Grand Final. Their success underscores the importance of preparation, teamwork, and adaptability - qualities that define Monash mooters.

Image: L to R: Claire Qian, Anthony Clendinen, Pru Spencer, William Lye OAM KC, Riley Lenard, Erin Page, Hamish Cameron. Photograph by James Brandis

Read more about the 2024 Alfred Deakin International Commercial Arbitration Competition

Inaugural Intellectual Property Australia & New Zealand Society Moot

The IPSANZ Moot showcased the intellectual prowess of Monash Law students Lauren Silke and Francesco Mercadante, who advanced to the Grand Final held at the Federal Court of Australia.

Their advocacy skills were tested before a distinguished bench comprising Justice Rofe, David Shavin KC, and Siobhan Ryan KC, facing off against a formidable team of Federal Court Associates, with one of them being a LAW4805 alumna.

The case centred on a trademark dispute between Global Electronics, a global leader in consumer electronics and Time Trendy, an innovative Australian smartwatch company.

At issue was whether Time Trendy’s use of the phrase "SILICON VALLEY COMPATIBLE WATCH" constituted trademark infringement and whether Global Electronics’ trademark had the necessary distinctiveness to remain registered.

Despite securing a 2-1 decision in favour of their appeal, Lauren and Francesco narrowly missed winning the moot itself, leaving an enigmatic gap between the legal victory and the moot result, an aspect that reflects the nuanced scoring process of mooting competitions!

Image: L to R: Lauren Silke, Francesco Mercadante, William Lye OAM KC in courtroom 1, Federal Court of Australia, Melbourne Registry

Michael Kirby Contract Law Moot 2024

The 12th Annual Michael Kirby Contract Law Moot 2024 took place from September 23-26 at Victoria Law School in Melbourne, with the Grand Final held at the County Court 12. This prestigious competition attracted teams from across Australia and notably welcomed its first international participant from the University of Purbanchal in Nepal.

The Grand Final was presided over by a distinguished panel including:

• Hon. Michael Kirby AC CMG
• Catherine Holmes AC SC
• Michael Wyles KC
• Adjunct Professor Picha Djohan
• David Thomson OAM FACE
• Melissa Kirby BA Hons GDLP

The moot problem concerns a lease agreement dispute between Mr Bingley, a UK resident, and Netherfield Leasing, an Australian company managing a historic property in Hertfordshire.

After renting the property from Netherfield Leasing for a summer stay, Mr Bingley planned a grand ball in the property’s large ballroom. However, a government notice prohibited access to the ballroom due to incomplete renovations, leading to the cancellation of the event, financial losses, and claims of breach and frustration of contract.

Netherfield Leasing countersued for unpaid rent and damages, setting the stage for a complex arbitration battle.

Image: L to R: Lauren Silke, Virginia Duker, Serena Malatesta. Photograph supplied by Victoria University

Monash fielded two teams.

The team comprising Virginia Duker, Serena Malatesta, and Lauren Silke, reached the Semi Finals and was declared 3^rd in the competition.

The second team comprising Alexander Xing, Chelsey Dong, Jessica Guan, and Alex Li reached the top 16 teams for the Elimination Rounds.

Alexander Xing, who was part of the second team was adjudged the best oralist in the Preliminary Rounds.

Image: L to R: Chelsey Dong, Alex Li, Jessica Guan, Alexander Xing, Virginia Duker, Serena Malatesta, Lauren Silke

Image: L to R: Professor Lidia Xynas, Dean of Law, Victoria Law School, Alexander Xing, best oralist in the Preliminary Rounds of the Michael Kirby AC Contract Law moot 2024, Suzanna Pejic, Moot Coordinator. Photograph supplied by Victoria University

Victorian Women Lawyers Moot

The Warren Moot saw another strong showing from Monash University, with two teams participating in the competition.

Competing against some of the brightest law students and legally qualified young lawyers in the state, the team comprising Jennifer Madgwick, Jessica Guan, Gabriella Lennon, and Sophie Smith successfully navigated through the preliminary rounds to secure a place in the Quarter Finals, losing only by one point.

The moot focused on contemporary legal issues that tested the competitors’ abilities to interpret legislation, construct persuasive arguments, and address judicial questioning under pressure.

The team’s collaborative approach, attention to detail, and ability to think on their feet set them apart in this challenging competition. Judges praised their clear articulation of legal principles, strategic use of case law, and confident responses to complex hypothetical scenarios.

Reaching the Quarter Finals in the Warren Moot was a commendable achievement that underscored the team’s dedication and advocacy skills. Their success serves as an inspiration to future Monash mooters and a reminder of the strength of the university’s legal training and support system.

The Grand Final was won by the team “CU in Court”. The moot was presided by former Chief Justice Marilyn Warren AC, Justice Incerti, and Judge Tran. It is pleasing to note that one of the Grand Final winners and best advocate was a LAW4805 alumna, now working at a large tier law firm.

Image: Former LAW4805 alumna Felicia Leong and Charlee Hawkes (winner) and their respective team members and judging panel in the Banco Court, Supreme Court of Victoria

Inaugural Victoria Law Firm Moot sponsored by Hunt & Hunt

14 teams from Monash LLB and JD LAW4805/LAW5058 unit participated in this moot. After two Preliminary Rounds, Quarter Finals and Semi Finals, the Grand Final was between Team M (Jessica Guan) v Team J (Gabriella Lennon and Sophie Smith).

The case, Dissanayake v Minister for Immigration, Citizenship and Multicultural Affairs, centres around the mandatory cancellation of Maria Dissanayake’s visa under section 501 of the Migration Act 1958.

Maria, a Sri Lankan citizen residing in Australia since 2005, faced the challenge of arguing ‘another reason’ to revoke the cancellation following her conviction for dangerous driving causing death.  The moot tested our student advocates’ skills as they presented arguments for and against the revocation before the Tribunal.  The Tribunal for the evening comprised of Senior Member Reynah Tang AM, VCAT, Frank O’Loughlin KC, former Deputy President of the AAT, and Chong Yu Quaik, partner at Hunt & Hunt.

I am grateful to the Hon. Justice Kyrou for granting permission to use a past AAT moot problem for this competition, and Daniel Slater, General Counsel at the Administrative Review Tribunal for his assistance.

I would also like to thank Tony Raunic, Managing Partner at Hunt & Hunt, Chong Yu Quaik, Luke Mackay, Begonia Silvestre, General Manager, Andrew Clarke, Marketing Manager, and Taylor MacDonald, People and Culture Manager, for their financial sponsorship of this inaugural moot.

Image: L to R: Taylor MacDonald, Chong Yu Quaik, Reynah Tang AM, Jessica Guan, Gabriella Lennon, Sophie Smith, Frank O’Loughlin KC, Tony Raunic, Luke Mackay

Victorian Bar Equality & Diversity Moot

The 2024 Victorian Bar Equality & Diversity Moot is an initiative by the Victorian Bar Equality & Diversity Committee, aimed at promoting inclusivity and increasing awareness of legal issues affecting LGBTQIA+ individuals in Victoria.

The competition provides an opportunity for law students to develop their legal advocacy skills while contributing to community education and fostering greater diversity in the legal profession.

In 2023, Monash Law students, Joel Law and Naufal Hanipa, won the inaugural perpetual trophy.

This year, Monash Law students, Esha Serai, Bingshen Zhou, and Joalin Lay were declared no 2 for the competition. Congratulations to the team from Deakin University team who was declared the winner.

Image: L to R: Esha Serai, Bingshen Zhou, Joalin Lay

Baker McKenzie National Womens’ Moot

Monash University was proudly represented in the prestigious national women’s moot by Gemma Tripp, Mariam Madiha, and Haneen Ashmeel, a formidable team whose efforts propelled them to the top 8.

The competition centred on the critical issue of corporate liability, specifically addressing the liability of company directors for misleading conduct and deceit committed by their company in dealings with another business.

The team tackled complex legal questions, such as the extent of a director's duty of care, the boundaries of corporate personhood, and the interplay between statutory obligations and common law principles of deceit. Their ability to blend comprehensive legal research with persuasive oral advocacy won them significant praise from the judges, who noted their adept handling of nuanced arguments and their professional courtroom demeanour.

Reaching the top eight in this highly competitive moot was a testament to the team’s exceptional preparation and teamwork. This achievement not only highlighted their talent but also reinforced Monash University’s reputation for producing high-calibre advocates capable of excelling in national-level competitions.

Monash Law Shines at The Hague Inter-University Law Debate

Michael Tan and Joel Law, both LAW4805 alumni represented Monash University on a notable debut at the 7th edition of The Hague Inter-University Law Debate Tournament (THIULDT) in 2024, securing impressive accolades and recognition on the global stage.

Image: L to R: Joel Law, Michael Tan

This achievement highlights the university's commitment to excellence in legal education and advocacy.

Read more about the 7th edition of The Hague Inter-University Law Debate Tournament (THIULDT)

MULSS Parliamentary Debate

Alexander Xing and Joel Law emerged as runner-up in the Parliamentary Debate Championship 2024, with Alexander Xing named Best Speaker of the Semi Finals.

Read more about the Parliamentary Debate Championship 2024.

Image: L to R: Joel Law, Alexander Xing

Reflections on mooting success

Monash Law’s outstanding performance across multiple prestigious mooting competitions is a testament to the faculty’s dedication to producing exceptional legal advocates. This success is not merely about winning trophies; it reflects the faculty’s comprehensive approach to nurturing advocacy skills that students will carry into their legal careers. The focus on fostering critical thinking, refined legal research, and confident oral advocacy demonstrates Monash’s deep commitment to academic excellence and professional preparedness.

What sets Monash Law apart is the carefully cultivated synergy between its students, faculty, and the broader legal community. The rigorous training programs are meticulously designed to expose students to the real-world challenges of legal practice, preparing them to address complex legal issues with clarity and precision. Students benefit from the guidance of experienced coaches - often former mooters and legal practitioners - who bring their expertise and insights to the training process. This mentorship ensures that each team is thoroughly prepared, not only to understand the legal issues at stake but also to adapt to the varying expectations of different moot competitions.

The mooters themselves embody the Monash spirit of resilience, determination, and collaboration. Juggling the intense preparation required for mooting with their academic and personal commitments, they exemplify the discipline and perseverance that is essential in legal practice. Their willingness to engage with complex legal principles, embrace constructive feedback, and hone their skills under pressure is truly commendable.

As Chief Moot Coach, I am privileged to witness the evolution of our students into articulate, confident advocates capable of making compelling legal arguments. Their achievements reflect their hard work, but also the supportive environment Monash provides - an environment that inspires innovation, teamwork, and an unwavering pursuit of excellence. The success of 2024 not only reaffirms Monash’s position as a leader in legal education but also signals a promising future for our students as they transition into the legal profession.

Mooting Acknowledgement

The unwavering support and encouragement from the Monash Law academic and professional staff have continued to fuel our students' growth and foster invaluable experiences through their participation in mooting competitions.

I extend my sincere appreciation to our Interim Dean, Professor Marilyn Pittard whose exceptional leadership and unwavering support have been instrumental in advancing Monash Law's mooting program.

Our new Dean Professor Steven Vaughan has also been quietly cheering on our mooters’ success, and I am grateful for his support and look forward to the continuation of our mooting program when he commences his role in January 2025.

On behalf of our dedicated law students, I express gratitude to my colleagues who consistently cheered for our students with each triumphant report in the competitions.

I acknowledge the support of Professor Bryan Horrigan as the immediate past Dean who championed the creation of Monash’s state-of-the-art Moot Court, Professor Liz Campbell, Professor Jeff Giddings, Professor Melissa Castan, Professor Stephen Barkoczy, Associate Professor Emmanuel Laryea, Associate Professor Ross Hyams, Associate Professor Eric Winholtz, and Dr Liz Sheargold, for their encouragement and support of the mooting program.  I also like to thank outgoing Mooting Director Associate Professor Jacqui Horan for her contribution.

My heartfelt thanks also go to the outstanding Monash professional staff, led by former Faculty Manager Fiona Bygraves.  Morag Milne, Karren Maritz, Penny Mure, Javed Pathan, James Brandis, Arthur Chan supported our marketing of the awards event for the inaugural Victoria Law Firm Moot sponsored by Hunt & Hunt.

The professional staff have also been instrumental in supporting our students' mooting successes, with special recognition to Chris Hinchliffe and Andrew Winn for assisting me each week with the wigs and gowns for our students' use in the Moot Court during class, and Lucy Dinh for training some of our mooters to ensure the seamless functioning of technology in the Moot Court.

The financial support of the 2024 mooting program was made possible through Melissa Fletcher's meticulous budget management and the invaluable administrative assistance provided by Geetika Mehta and support also from Jayne Champion with the overflow of enquiries and tasks.

Our Monash students were also fortunate to engage with legal practitioners and academics who generously dedicated their time to assist in the practice runs of their moots or participated as a judge:

• Senior Member Reynah Tang AM, VCAT
• Sessional Member David Kim, VCAT and Victorian Bar
• Sashi Maharaj KC
• Daryl Williams AM KC
• Frank O’Loughlin KC
• Matthew Harvey KC, Victorian Bar
• Georgina Costello KC, Victorian Bar
• James Samargis, Victorian Bar
• Andrew Sykes, Victorian Bar
• Andrew Blair, Victorian Bar
• Antony Berger, Victorian Bar
• Chong Tsang, Victorian Bar
• Michelle Button, Victorian Bar
• Ken Cheng, Victorian Bar
• Chadwick Wong, Victorian Bar
• Chong Yu Quaik, Partner, Hunt & Hunt
• Luke Mackay, Senior Associate, Hunt & Hunt
• Donna Ross, Arbitrator & Mediator

I am also grateful for the contributions from LAW4805 alumni, Nicholas D’Arcy, Catherine Zhou, Jeremy Brown, William Liu, Kimberley Ng, Chris Kounelis, Pimal Senanayaka, Naufal Hanipa, Joel Law, Mridul Garg, and Alec Miguel.

Image: LAW4805/LAW5058 Class of 2024. L to R: Seated: Serena Malastesta, Gabriella Lennon, Sophie Smith, Pru Spencer, Erin Page, Chelsey Dong, Haneen Ashmeel, Jessica Dong. Standing: William Lye OAM KC, Kieran Christou, Virginia Duker, Jennifer Madgwick, Riley Lenard, Claire Qian, Hamish Cameron, Anthony Clendinen, Gemma Tripp, Charlie Paterson, Francesco Mercadante, Bingshen Zhou, Esha Serai, Joalin Lay

Looking ahead to mooting in 2025

As we celebrate the triumphs of 2024, our focus for 2025 shifts toward building on this success and continuing to set new benchmarks in mooting and advocacy excellence. The future of Monash mooting lies in expanding opportunities, fostering inclusivity, and ensuring that our law students are prepared to tackle an ever-evolving legal landscape.

One of our key priorities is to broaden the scope of international competitions in which Monash participates. While our recent successes have highlighted our students’ prowess in the Jessup, Deakin, and ICC moots, there are emerging opportunities to explore other prestigious platforms such as the Asia Cup and LAWASIA moot to engage with cutting-edge legal issues ranging from climate change to maritime law, space law, and human rights, further enhancing their versatility as advocates.

I am also committed to fostering greater collaboration across Monash’s global campuses and partner institutions in Malaysia, Indonesia, India, and China. By leveraging this international network, I aim to create cross-border teams that bring diverse perspectives to complex legal problems. This approach not only enriches the mooting experience but also prepares our law students for the increasingly global nature of legal practice.

In line with Monash’s values, I will continue to focus on inclusivity and accessibility, ensuring that students from diverse backgrounds can excel in mooting. This includes providing additional resources, such as tailored training programs, access to experienced alumni mentors, and financial support for students who may face barriers to participation.

My emphasis for the future will also be on integrating technological advancements into our law students’ advocacy training processes. From using generative artificial intelligence to simulate complex legal arguments to incorporating virtual reality for courtroom-style simulations, the aim is to equip our students with the tools they need to thrive in a tech-driven legal world.

As Chief Moot Coach, I am inspired by the boundless potential of Monash’s law students and faculty. Together, we are poised to not only uphold the standards of excellence we have achieved but also to redefine what success in mooting looks like. The road ahead is filled with opportunities, and I am confident that Monash will continue to lead the way in shaping the next generation of world-class legal advocates.

William Lye OAM KC is Chief Moot Coach at Monash Law

Contact: William Lye OAM KC