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The Australian Advocacy Institute

Dedicated to Excellence in Advocacy


Australian Advocacy Institute and the NSW ODPP

 Advanced Advocacy Skills Workshop ONLINE

23, 24, 26 February 2022

Thank you for joining this Advocacy Skills Workshop online.

 

The workshop will run in three parts:

 Part 1 - Wednesday 23 February 2022 - 5.00pm* to 6.30pm

Participants join senior AAI advocacy instructors on-line in an interactive discussion covering a general

introduction to advocacy, how to develop an effective case theory and how to bring that to a persuasive argument.

 

Part 2 - Thursday 24 February 2022 - 5.00pm* to 6.00pm

The discussion continues with techniques in questioning a witness and skills in communication in court.

 

Part 3 - Saturday 26 February 2022 - 8.45am* to 3.00pm

Participants break into small groups for a day of performance and review on a range of advocacy tasks.

All times are Sydney time. * Zoom meeting will open 30 minutes before workshop commences.

 

  • Please click on the tabs below for full details:

  • Workshop timetable, task allocations and materials

    • Click on the tabs below for full details:

    • 1. Introduction and guide to preparation - Important information for you.

      1. Introduction to the workshop

      Please read the information below immediately and thoroughly as it is important to your preparation and contribution to learning at the workshop.

       

      The AAI is pleased to be able to provide this advocacy workshop for you and we are sure that you will find this course helpful in improving your advocacy skills.

       

      The following “Timetable and Task Allocation” details the format for this workshop.  At the start of the Timetable you will find a table that allocates a GROUP and PARTICIPANT NUMBER for each participant.

       

      On Saturday, Group Performance Sessions and Technique Sessions have been scheduled through the day. In the Group Sessions, you will break into smaller groups to individually present your allocated advocacy tasks before a Judge/Instructor in the same manner that you would present in court.

       

      You will find your allocated advocacy tasks (see notes below on preparation) set out within each session of the timetable.

       

      Once you have finished each performance you will be given a review by the instructor.  This review is designed to be positive, not critical. You will be given advice on ways that your individual performance can be improved using various advocacy skills, including a demonstration and explanation of the particular skills relevant to your performance.

       

      2. Preparation before the workshop

      This is a performance-based workshop. NO preparation time is included on the workshop day.

       

      Advance preparation is essential. You are required to prepare each of your set tasks between now and the commencement of the workshop.  Please allow yourself time to prepare properly – it is anticipated that you should allocate 4 to 5 hours for this preparation.

      Please also note that in the workshop group sessions, participants will be called upon to act as the witness when other participants are presenting their Cross Examination. A thorough knowledge and understanding of the facts of each case study will help both you and your colleagues get the most out of the workshop.

       

      If you are not totally familiar with the requirements of any particular advocacy task, you may find it helpful to refer to the “Specific Advocacy Tasks” summary at the end of the AAI Workshop and Skills Guide 2022 document (download Tab below).  Also included with the material downloads is a PDF version of the AAI Advocacy Manual which contains detailed chapters on each of the advocacy tasks you will be presenting.  Use this Manual in your preparation and for future reference. (Note that copyright prevents this being a printable version.)

       

      Presenting your set tasks:

      Please prepare as if you were to present the whole of the task, even though you will see that a time limit of 6-8 minutes has been set for each task performance.  The time allocation means you may not be able to present all the task and you are not expected to be able to finish your performance. Do not rush and try and fit it all into the allocated time. Your review will be on that part of the task you present, not the parts you may not have reached.

       

      3. The Workshop Case Study

      Why are we using pleas and a case study?

      We acknowledge that for some of you, the workshop case studies may not be from the jurisdiction you generally appear in. We use these case studies deliberately as they are very good for the teaching of advocacy, demonstrating skills that can be readily used in any jurisdiction. The advocacy skills you will learn will be of universal application – the same skills apply regardless of the type of case, the jurisdiction you appear in or the side you appear on. This has been proven in three decades of advocacy instruction by the AAI.

       

      It is also noted that performance roles have been allocated for either the Prosecution or the Defence. This allows the workshop to reflect and present argument from both sides and demonstrates the universal nature of the advocacy skills being taught.

       

      Please do not get bogged down in your preparation with any legal technicalities within the case studies.  Don’t research or bring statutes or precedents.  Do not be distracted with the law.  Evidence is restricted to only that contained within each case study so you do not need to look outside the immediate information provided. The purpose of this workshop is to help you with how to structure a case, how to prepare, how to ask purposive relevant questions, how to argue, and above all, how to be persuasive in court.  We will not be concerned with jurisdictional procedure.

       

      4. The Workshop Remote Platform

      This workshop will be held using the Zoom online platform. Please refer to the section “The Workshop Remote Platform and a guide to connecting online”, as well as "The Online Procedure for performing your set tasks" which can be found as Tabs below

       

    • 2. Workshop Timetable, Case Studies and materials for download

       

            Please download the following materials:

       

      1. Workshop Timetable and Participant Task Allocations [v3 21/02/22] <DOWNLOAD>
               
      [v2 17.02.22] ... Added new participant.

                [v3 21.02.22] ... Changes to Tasks in Session 4

      2. Case Study Bundle <DOWNLOAD>

      3. AAI Workshop and Skills Guide 2022 <DOWNLOAD>

      4. AAI Advocacy Manual [pdf copy] <DOWNLOAD>

       

    • 3. The Workshop Remote Platform and a guide to connecting online

      1. This workshop will be held remotely using the ZOOM platform.

       

      If you are not already a Zoom user and wish to load the Zoom program beforehand:

      You do not have to be a registered member of Zoom to use this platform... you can download the free program at www.zoom.us

       

      or ... from your web-browser, go to www.zoom.us and click on the top menu link for "JOIN A MEETING"

       

       

      2. A short guide to on-line etiquette

       

      To avoid any issues with latency such as screen freezing and poor audio quality, ensure your device has a suitable internet connection.

      This cannot be overstated – remember, you cannot advocate if you cannot be heard or seen.

       

      Be mindful that sensitive microphones will pick up sounds of keyboard tapping, paper shuffling, sneezing and coughing.

      Mute the microphone when not speaking to avoid distracting other participants.

       

      Reduce environmental (background) noises – close windows and doors and mute your phone.

       

      For best results, consider investing in a headset with a microphone instead of the inbuilt microphone and speakers in your device (this will help reduce background noise and unnecessary feedback).

       

      It is not necessary to shout; however, speaking softly and mumbling should also be avoided – speak in your normal voice.

       

      DO NOT TALK OVER OR INTERRUPT WHEN ANOTHER PARTICIPANT IS SPEAKING.

      Instead, use the “raise your hand” feature when you want to speak. This will avoid participants speaking over one another and the need to repeat questions.

       

      Position your camera so it sits at eye level and in a way that feels natural and allows you to look directly at the camera when speaking.

      If you are using a laptop, simply place a couple of books underneath so it is raised to eye level ... your presence and eye-contact will be improved enormously.

       

      Adjust the lighting - close your blinds to reduce glare and doors to reduce noise.

       

      Ensure you have a clean neutral background – consider applying one of the offered virtual backgrounds.

       

      3. Test your technology

       

      Test your technology and layout ahead of time (viewing, speaking and hearing).

       

      You are welcome to contact the AAI [aai@advocacy.com.au or 0418 473 303] at any time in the week before the workshop to do a quick test of your connection.

       

      To help participants check their technology is working correctly, the workshop will open 30 minutes before the start-time. This will ensure everything runs smoothly during the workshop. You will be in the in the general session room until the workshop starts at the scheduled time.

       

      4. If you lose connection during the workshop

       

      An AAI Coordinator will be monitoring the workshop constantly.  If for any reason you drop-out of the workshop, re-join with the original meeting ID and password and the AAI Coordinator will readmit you to the workshop and/or breakout room.

      If you do not get a response, please text to 0418 473 303.

       

       

    • 4. The Online Procedure for performing your set tasks

      Participants need only log-in to the workshop once, at the start of each day's session. The AAI coordinator will move participants between general sessions and group breakout rooms.

       

      On being admitted to the workshop, all participants will be in together in the General Session.

      The Wednesday sessions are in this General Session room. Saturday sessions are in General and Group Breakout rooms.

       

      All participants should start each session in “Gallery View” with the moderator pinned large on-screen.
      Other participants will show as thumbnail images.

      In Zoom settings, accessed by clicking the camera menu at bottom left of screen, please ensure that in "Video" option, then “Meetings”,

      “Always display participant name” is checked.

       

      1. Remote procedure for all General Sessions, Wednesday and Saturday:

      In the General Sessions, all participants and AAI Instructors will be present on screen (Gallery View).

      All participants should:

      - Have their microphone on MUTE.

      - Have the Moderator or AAI Instructor presenting pinned (click on Instructor thumbnail image) large on screen.

      - If you have a question, please use the Raise Hand facility (button in the 'Participants' menu) – you may not get an immediate answer but

        your question will be answered at some point in the workshop.

      - Please keep your camera turned ON with you on-screen.

      An AAI Coordinator will be monitoring the workshop constantly. If you lose connection during the session, re-join with the original Zoom link. The AAI Coordinator will readmit you. If you do not get a response, please text to 0418 473 303.

       

      2. Remote procedure for all Workshop Group Sessions on Saturday:

      - The AAI Coordinator will move all participants between Breakout Group and General sessions.

      - All participants have their microphone on MUTE.

      - Please keep your camera turned ON with YOU VISIBLE ON-SCREEN.

      - Stay in ‘Gallery View’ with the AAI Instructor pinned large.

      - When it is your turn to present in Sessions 3 & 6 (i.e. with no witness), the AAI Instructor will request that you…

      • Turn your microphone ON.
      • Have the AAI Instructor pinned large on-screen.
      • Keep your microphone on during the review that follows your performance.
      • Turn your microphone to MUTE following your review.

      - When it is your turn to present in Session 4 (i.e. with a witness), the AAI Instructor will request that you…

      • Turn your microphone ON.
      • Have the nominated witness pinned large on-screen.
      • At the end of your performance, have the AAI Instructor pinned large on-screen. Keep your microphone ON during the review that follows your performance.
      • Turn your microphone to MUTE following your review.

      - If you have been asked by the AAI Instructor to act as the witness for the presenter…

      • Turn your microphone ON.
      • Have the participant presenting pinned large on-screen.
      • At the end of your performance, have the AAI Instructor pinned large on-screen.
      • Turn your microphone to MUTE during the review that follows the performance.
        (The AAI Instructor will demonstrate using the presenter as the witness, not you.)

      If you have a question, please use the Raise Hand facility – you may not get an immediate answer but your question will be answered between reviews or at some point later in the workshop.

       

      Do not use the Zoom “LEAVE” option at bottom right of screen as it will disconnect you from the entire workshop.  If this happens, you must log back into the workshop using the original Zoom link. The AAI Coordinator will see your request to re-join and admit you, but if you do not get a response please text the AAI Coordinator on 0418 473 303.

      If you lose connection during the session, re-join with the original Zoom link. The AAI Coordinator will admit you. If you do not get a response, please text to 0418 473 303.

       

      3. Remote procedure for between sessions and during breaks:

      - The AAI Coordinator will move you between general sessions and breakout rooms.

      - You will receive an on-screen notification when being moved.

      - Stay connected to the workshop during the lunch break.

      - You do not need to have your camera on during the break but you must come back to live camera with you on-screen for the next session.

      THIS IS A REQUIREMENT OF QUALIFYING FOR CPD POINTS

      4. If you lose connection during the workshop:

      - An AAI Coordinator will be monitoring the workshop constantly.  If for any reason you drop-out of the workshop, re-join with the original Zoom link and the coordinator will readmit you to the workshop and/or breakout room.

      - If you do not get a response, please text to 0418 473 303.

       

      If you wish to test your connection, the AAI Coordinator will be available to do a quick test run during the week before the workshop.

      Email: aai@advocacy.com.au.

       

  • Part 1 - Wednesday 23 February 2022

    General Session - 5.00pm to 6.30pm. (Sydney Time)

     

    Today's session is an on-line interactive discussion covering a general introduction to advocacy, how to develop an effective case theory and how to bring that to a persuasive argument.

     

    ALL PARTICIPANTS ZOOM LOG-ON:

    To automatically join Zoom Meeting - Click on this link ...

    https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09

    (Manual Zoom ID = 2716263497 .   Password = Advocacy)

     

     

    If you lose connection during the workshop:

    An AAI Coordinator will be monitoring the workshop constantly.  If for any reason you drop-out of the workshop, re-join with the original Zoom link and the Coordinator will readmit you to the workshop.

    If you do not get a response, please text to 0418 473 303.

     


    AAI INSTRUCTOR FOR THIS SESSION:
     The Hon. Ann Ainslie-WallaceChair - Australian Advocacy Institute Senior Moderator and Instructor with the Australian Advocacy Institute, teaching throughout Australia and in Singapore, Hong Kong, Malaysia, South Africa, the UK, The Hague and at Monash University, Prato, Italy1978 Admitted to the Bar, Frederick Jordan Chambers, SydneyPioneered the role of counsel for separate representatives in family law cases representing childrenFamily law and related jurisdictions together with extensive appearances for the State Crown – counsel assisting inquiries, inquests, appearances for government bodies in all courts and tribunals at all levels1995 to 1997 Acting Judge of the District Court of New South Wales1997 Appointed to the Bench of the District Court of New South Wales2010 to 2022 judge of the Appeal Division, Family Court of Australia2015 Appointed as Master Bencher, Inner Temple (UK)2018 Awarded Honorary Doctor of Laws, UTS University, Sydney

    Visiting Faculty, National Institute for Trial Advocacy (USA)Fellow of the Australian Academy of LawAdjunct Professor of Law (Advocacy), University of Technology, SydneyAs part of a Law Council/Legal Aid Commission of New South Wales initiative, founded the Separate Representative Training Course for children’s advocatesFormer member of the NSW District Court Policy and Planning CommitteeFormer member of the NSW Bar CouncilFormer member of the NSW Bar Association Professional Conduct CommitteeFormer member of the NSW Bar Association Family Law CommitteeFormer member of the Family Law Executive, Law Council of AustraliaFormer Chair, College of Law Master of Applied Law [Family Law] Advisory CommitteeFormer Council Member, National Judicial College of AustraliaFormer NSW Representative, Australian Association of Women Judges 2008-2010Instructor and Moderator: Investigators, Expert Witness and Advocacy Skills Workshops for Hong Kong Securities and Futures Commission, Hong Kong Stock Exchange and Hong Kong Monetary Commission 2004 to 2018Instructor: New Practitioners Advocacy Workshops, Inner Temple, London 2013 to 2019Instructor: AAI Advanced Teacher Training Program for UK Advocacy Training Council, London 2013Instructor: ICCA International Advanced Advocacy Workshop, Keble College Oxford, UK  2016, 2017, 2018Instructor: AAI Advocacy for Victims of War Crimes workshop, International Criminal Court, The Hague 2013Instructor: Australian Bar Association International Advocacy Team, Bangladesh 1996 to 2000. 

  • Part 2 - Thursday 24 February 2022

    General Session - 5.00pm to 6.00pm. (Sydney Time)

     

    ALL PARTICIPANTS ZOOM LOG-ON:

    To automatically join Zoom Meeting - Click on this link ...

    https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09

    (Manual Zoom ID = 2716263497 .   Password = Advocacy)

     

     

    AAI Instructors for this session:

     

    Her Hon Judge
    Felicity Hampel AM SC

    Deputy Chair - Australian Advocacy Institute

    Judge - County Court of Victoria

     

    • 1981 Barrister at the Victorian Bar
    • 1996 Queen’s Counsel, now Senior Counsel
    • 2005 Appointed as judge of the County Court of Victoria
    • 2020 Appointed as Master Bencher, Inner Temple (UK)
    • 2021 Awarded Australia Medal for services to the law and women

    • Visiting faculty member National Institute for Trial Advocacy (USA)
    • Adj. Professor, Faculty of Law, Monash University
    • Instructor, New Practitioners Advocacy Workshops, Inner Temple, London 2013-2019
    • Former Member of the Victorian Bar Readers’ Course Committee
    • Former Convener, Women Barristers’ Association
    • Former Member of the Victorian Bar Equality before the Law Committee
    • Past President of the Victorian Council for Civil Liberties
    • Extensive advocacy teaching experience as AAI Senior Moderator and Instructor in Australia, USA, England, Scotland, Singapore, Malaysia, Hong Kong, New Zealand, The Hague and at Monash University, Prato, Italy since 1984
    • Former Deputy Co-convener, Australian Republican Movement Victoria
    • Foundation Board Member, Australian Women Lawyers.

     

     

     

     

     

    His Hon Judge Craig Smith SC

    Board Member - Australian Advocacy Institute

    Judge - District Court of NSW

     

     

     

     

     

     

     

    • 2021 - Appointed Judge of the District Court of New South Wales
    • 2018 - Private Practice, Sydney Bar
    • 2015 - Board Member, Australian Advocacy Institute
    • 2015 - Appointed Deputy Public Defender
    • 2014 - Appointed Senior Counsel
    • 2006 - Barrister - NSW Public Defender’s Office
    • 2001 - Admitted to Bar. Appearances in appellate matters before the Court of Criminal Appeal and a wide range of serious criminal trials including fitness proceedings, sentence matters, appeals, committal hearings and summary hearings
    • 1997 to 2001 - Legal Officer – NSW Legal Aid Commission, Western Aboriginal Legal Service
    • 1995 to 1997 - Solicitor, private practice

    • Senior Instructor and Moderator, Australian Advocacy Institute at workshops across Australia and AAI workshops in Singapore, Hong Kong and at Monash University, Prato, Italy
    • Former Vice-President Criminal Defence Lawyers Association
    • Participant in the pro-bono scheme run by the Sydney Regional Aboriginal Corporation Legal Service (SRACLS)
    • Presentation of papers and lectures in criminal law, children’s law and Forensic procedures relating to children.

     

     

     

  • Part 3 - Saturday 26 February 2022

    Advocacy Skills Performance and Review workshop.

    8.45am to 3.00pm

     

    ALL PARTICIPANTS:

     

    To automatically join Zoom Meeting - Click on this link ...

    https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09

    (Manual Zoom ID = 2716263497 .   Password = Advocacy)

     

     

    PLEASE NOTE: In the breakout rooms, the option of leaving that room will disconnect you from the entire workshop.  You will then need to log back into the workshop using the Zoom link above. The AAI Coordinator will see your request to rejoin and admit you, but if you do not get a response please text the AAI Coordinator on 0418 473 303.

     

    If you lose your connection at any time, the meeting can be re-joined using the Zoom link. The AAI Coordinator will see your request to rejoin and admit you, but if you do not get a response please text the AAI Coordinator on 0418 473 303.

     

    TASK ALLOCATIONS -

    Your participant number is used to determine which TASKS you will be performing in the TIMETABLE that follows:

    v2.0 - 17/02/22

     

    TIMETABLE -

    Use your PARTICIPANT NUMBER ABOVE to see which TASKS you will be performing:

     

     

     

    AAI INSTRUCTORS FOR THIS SESSION:

     

    The Hon. Ann Ainslie-Wallace

    Chair - Australian Advocacy Institute

     

    • Senior Moderator and Instructor with the Australian Advocacy Institute, teaching throughout Australia and in Singapore, Hong Kong, Malaysia, South Africa, the UK, The Hague and at Monash University, Prato, Italy
    • 1978 Admitted to the Bar, Frederick Jordan Chambers, Sydney
    • Pioneered the role of counsel for separate representatives in family law cases representing children
    • Family law and related jurisdictions together with extensive appearances for the State Crown – counsel assisting inquiries, inquests, appearances for government bodies in all courts and tribunals at all levels
    • 1995 to 1997 Acting Judge of the District Court of New South Wales
    • 1997 Appointed to the Bench of the District Court of New South Wales
    • 2010 to 2022 judge of the Appeal Division, Family Court of Australia
    • 2015 Appointed as Master Bencher, Inner Temple (UK)
    • 2018 Awarded Honorary Doctor of Laws, UTS University, Sydney

    • Visiting Faculty, National Institute for Trial Advocacy (USA)
    • Fellow of the Australian Academy of Law
    • Adjunct Professor of Law (Advocacy), University of Technology, Sydney
    • As part of a Law Council/Legal Aid Commission of New South Wales initiative, founded the Separate Representative Training Course for children’s advocates
    • Former member of the NSW District Court Policy and Planning Committee
    • Former member of the NSW Bar Council
    • Former member of the NSW Bar Association Professional Conduct Committee
    • Former member of the NSW Bar Association Family Law Committee
    • Former member of the Family Law Executive, Law Council of Australia
    • Former Chair, College of Law Master of Applied Law [Family Law] Advisory Committee
    • Former Council Member, National Judicial College of Australia
    • Former NSW Representative, Australian Association of Women Judges 2008-2010
    • Instructor and Moderator: Investigators, Expert Witness and Advocacy Skills Workshops for Hong Kong Securities and Futures Commission, Hong Kong Stock Exchange and Hong Kong Monetary Commission 2004 to 2018
    • Instructor: New Practitioners Advocacy Workshops, Inner Temple, London 2013 to 2019
    • Instructor: AAI Advanced Teacher Training Program for UK Advocacy Training Council, London 2013
    • Instructor: ICCA International Advanced Advocacy Workshop, Keble College Oxford, UK  2016, 2017, 2018
    • Instructor: AAI Advocacy for Victims of War Crimes workshop, International Criminal Court, The Hague 2013
    • Instructor: Australian Bar Association International Advocacy Team, Bangladesh 1996 to 2000.

    Her Hon. Judge Felicity Hampel AM SC

    Deputy Chair - Australian Advocacy Institute

    Judge - County Court of Victoria

     

    • 1981 Barrister at Victorian Bar
    • 1996 Queen’s Counsel, now Senior Counsel
    • 2005 Appointed as judge of the County Court of Victoria
    • 2020 Appointed as Master Bencher, Inner Temple (UK)
    • 2021 Awarded AM for services to women and the law

    • Visiting faculty member National Institute for Trial Advocacy (USA)
    • Adj. Professor, Faculty of Law, Monash University
    • Instructor, New Practitioners Advocacy Workshops, Inner Temple, London 2013-2019
    • Former Member of the Victorian Bar Readers’ Course Committee
    • Former Convener, Women Barristers’ Association
    • Former Member of the Victorian Bar Equality before the Law Committee
    • Past President of the Victorian Council for Civil Liberties
    • Extensive advocacy teaching experience as Senior Moderator and AAI Instructor in Australia, USA, England, Scotland, Singapore, Malaysia, Hong Kong, New Zealand, The Hague and at Monash University, Prato, Italy since 1984
    • Former Deputy Co-convener, Australian Republican Movement Victoria
    • Foundation Board Member, Australian Women Lawyers.

     

    Carl Heaton QC

    Board Member, Australian Advocacy Institute

    Director of Public Prosecutions, Queensland

     

    • Extensive advocacy instructor experience with the AAI across Australia.
    • 1990 Admitted to the Bar
    • 1999 Admitted as barrister to the High Court
    • 2010 Appointed Queen's Counsel

    • 1989 Office of Director of Public Prosecutions, Queensland
    • 1994–2007 Senior Crown Prosecutor, Office of Director of Prosecutions, Queensland
    • 2005–2016 Deputy Public Defender, Legal Aid Queensland
    • 2016 Appointed Deputy Director of Public Prosecutions, Queensland
    • 2020 Appointed Director of Public Prosecutions, Queensland




    Philip Hogan – Deputy Senior Crown Prosecutor, NSW ODPP

    Senior Instructor - Australian Advocacy Institute

     

    Professional:

    • Admitted as a solicitor in 1989
    • Came to the Bar in 1997
    • Member of Samuel Griffith Chambers appearing for the accused in criminal trials in the District and Supreme Court and in Appeals to the CCA
    • Appointed as a Crown Prosecutor in 2010
    • Senior Advocacy Instructor, Australian Advocacy Institute.