Australian Advocacy Institute and WorkSafe Victoria
Advocacy Skills Workshop ONLINE
15, 16, 18 June 2022
Thank you for joining this Advocacy Skills Workshop online.
The workshop will run in three parts:
Part 1 - Wednesday 15 June 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 16 June 2022 - 5.00pm* to 6.00pm
The discussion continues with techniques in questioning a witness and skills in communication in court.
Part 3 - Saturday 18 June 2022 - 8.45am* to 3.00pm
Participants break into small groups for a day of performance and review on a range of advocacy tasks.
*Online log-on opens 30 mins earlier.
Please click on the tabs below for full details:
Workshop Materials Downloads - workshop timetable, participant tasks 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 tasks in Evidence in Chief and 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 2021 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 4-5 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
We acknowledge that for some of you the main case study, which is based on a criminal law example, may not be of the type of case you generally deal with. We use this deliberately as it is very good for the teaching of advocacy, demonstrating skills that can be applied across all jurisdictions. 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 over two decades of advocacy instruction by the AAI.
Please don’t get bogged down in your preparation with any legal technicalities within the case studies. Don’t research statutes or precedents. We will not be concerned with jurisdictional procedure. 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 prepare, how to structure a case, how to ask purposive, relevant questions, how to argue, and above all, how to be persuasive in court.
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
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 and Thursday 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, Thursday 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 meeting ID and password. 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 1 & 5 (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 Sessions 2 & 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 manual log-on with the original meeting ID and password. 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 meeting ID and password. 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 meeting ID and password 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 15 June 2022
General Session - 5.00pm to 6.30pm.
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
(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 meeting ID and password 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:
Grant Brady SC
Deputy Chair - Australian Advocacy Institute
Barrister - Sydney Bar
- Senior Instructor and Moderator, Australian Advocacy Institute at workshops across Australia and AAI workshops in Singapore, Hong Kong and at Monash University, Prato, Italy.
- Barrister since 2000
- Appointed Senior Counsel 2015
- Past Chair, ACT Law Society Criminal Law Committee
- Past Member, National Criminal Law Liaison Committee
- Instructor NSW Bar Association Readers Course
- Accredited Teacher, Australian Bar Association
- Member, Education Committee NSW Bar Association
Part 2 - Thursday 16 June 2022
General Session - 5.00pm to 6.00pm.
ALL PARTICIPANTS ZOOM LOG-ON:
To automatically join Zoom Meeting - Click on this link ...
https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09
(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 meeting ID and password and the AAI Coordinator will readmit you to the workshop.
If you do not get a response, please text to 0418 473 303.
AAI INSTRUCTORS FOR THIS SESSION:
Magistrate Greg GroginMagistrates Court of New South Wales
Senior Instructor - Australian Advocacy Institute1979 – 1988 Member NSW Police Force including NSW Police Academy Law Instructor and Police Prosecutor
1990 – Admitted to practice as barrister, NSW
2010 – Appointed to Magistrates Court of New South Wales
Areas of Practice: Alternative Dispute Resolution, Criminal, Inquests, Royal Commissions and Statutory Tribunals, Insurance, Land and Environmental Law, Local Courts, Personal Injury
Previous:
- Member of NSW Bar Association Personal Injury Committee;
- Visiting instructor UTS Faculty of Law on advocacy and court procedure;
- lecturer for LegalWise Law Seminars
Part 3 - Saturday 18 June 2022
Advocacy Skills Performance and Review workshop.
8.45am to 3.00pm
ALL PARTICIPANTS ZOOM LOG-ON:
To automatically join Zoom Meeting - Click on this link ...
https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09
(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 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 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.
PARTICIPANT NUMBER and TASK ALLOCATIONS:
Your participant number is used to determine which TASKS you will be performing in the TIMETABLE that follows:
[v1 30/5/22]
TIMETABLE:
Use your PARTICIPANT NUMBER to see which TASKS you will be performing:
AAI INSTRUCTORS FOR THIS SESSION:
Her Hon Judge Felicity Hampel AM SCDeputy 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
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
Visiting faculty member National Institute for Trial Advocacy (USA)
Former Deputy Co-convener, Australian Republican Movement Victoria
Foundation Board Member, Australian Women Lawyers.
Faraz MaghamiBarrister, NSW Bar
Senior Instructor - Australian Advocacy InstituteFaraz was called to the Bar in 2009, after spending 18 months as a Judge’s Associate, prior to which he spent some 4.5 years with the in-house legal team of a large multi-national technology company.
His practice consists of general commercial/equity work with a strong focus on cross-border commercial disputes, International Commercial Arbitration, construction and infrastructure disputes, administrative and public law disputes, as well as appearances in matters before appellate courts in the Pacific region including advisory and appearance work for government departments of a number of Pacific nations.
In addition to undertaking broad and general commercial work, Faraz has cultivated a complimentary and growing practice in Criminal Law (including Public International Law) with advice and appearances in serious criminal trials and appeals of the white-collar variety, including general financial crime, breaches of directors’ duties, uttering counterfeit monies, money laundering, taxation fraud and charges specific to national security and organised crime, as well as appearances and advisory work for those summoned to appear before covert and intelligence gathering commissions and other clandestine government institutions.
Andrew Fox SCBarrister, NSW Bar
Instructor - Australian Advocacy Institute
Andrew’s principal area of practice is intellectual property law, including trade practices. He has appeared in a number of leading cases and appears regularly in the Federal Court of Australia and in patent and trade mark oppositions held at IP Australia.
He also has considerable experience in general commercial litigation, having appeared in proceedings before the Supreme Court of NSW, District Court, Local Court and in interstate Courts.
Andrew was elevated to SC in 2021 and is also admitted to practice as a Barrister in New Zealand.
09/06/22