Australian Advocacy Institute
Advocacy Skills Workshop
Farrar Gesini Dunn
Thank you for joining this Advocacy Skills Workshop
The workshop will run in three parts:
Part 1 - Wednesday 15 February 2023 - 5.00pm to 6.30pm ONLINE
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 February 2023 - 5.00pm to 6.00pm ONLINE
The discussion continues with techniques in questioning a witness and skills in communication in court.
Part 3 - Saturday 18 February 2023 - 8.45am to 3.30pm IN-PERSON, FGD Canberra
Participants break into small groups for a day of performance and review on a range of advocacy tasks.
To ALL participants:
Please read the information in the "Workshop timetable, task allocations and materials DOWNLOAD" tab below
and DOWNLOAD the materials provided.
AAI HOME
AAI CONTACTS
Please click on the tabs below for full details:
Workshop timetable, task allocations and materials DOWNLOAD
Click on the tabs below for full details:
1. Introduction and guide to preparation - Important information for you.
Workshop Format:
Introductory Sessions Wednesday and Thursday:
These sessions will be held ONLINE, with all participants joining using the AAI Zoom platform through their own computer connection.
Workshop Saturday:
At the start of the Saturday Timetable you will find the GROUP and PARTICIPANT NUMBER for each participant.
Group Performance Sessions and General Skills 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 the allocated advocacy tasks for each Participant Number set out within each session of the timetable.
Once you have finished each performance you will be given a review by the AAI 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.
The Workshop Case Studies:
We acknowledge that for some of you, the case studies we will use may not be of the type you generally deal with. We use these case studies deliberately as we believe them to be very good for the teaching of advocacy, demonstrating skills that can be applied 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 over three 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 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, how to be persuasive in court. We will not be concerned with jurisdictional procedure.
Preparation before the workshop:
This is a performance-based workshop. 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 prepare in advance – do not wait until after the Wed/Thurs. introductory sessions.
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 Course Materials document, part of the materials download.
I recommend you consult the “AAI Advocacy Manual” PDF file provided as part of your materials, which has detailed chapters on all the aspects of advocacy you will be using at this workshop. Use this Manual in your preparation and for future reference. Please note that copyright restrictions require this file to be “read only” and thus cannot be printed. A hard cover version with additional chapters is available through the AAI at a discounted workshop student cost.
Task Performances:
You will see in the timetable task allocations that a time limit has been set for each task performance. Please prepare as if you were to present the whole of the task. The time allocation means you may not be able to present all of 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.
Please also note that when your task requires a witness in Evidence in Chief or Cross Examination, the AAI Instructor will nominate another participant from your group to act the witness role. 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.
2. Workshop Timetable, Case Studies and Materials for DOWNLOAD
Please download the following materials:
1. Workshop Timetable and Participant Task Allocations [v2 - 09 Feb] <>
2. Case Study Bundle <>
3. AAI Workshop and Skills Guide 2023 <>
4. AAI Advocacy Manual [pdf copy] <>
3. Guide to connecting online (Wed/Thurs sessions)
1. This Wednesday and Thursday sessions 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.
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 online sessions will open 30 minutes before the start-time. This will ensure everything runs smoothly. You will be in the in the general session room until the session starts at the scheduled time.
4. If you lose connection during the session
An AAI Coordinator will be monitoring the session constantly. If for any reason you drop-out, re-join with the original meeting ID and password and the AAI Coordinator will readmit you.
If you do not get a response, please text to 0418 473 303.
Part 1 - Wednesday 15 February 2023 - ONLINE
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
(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 ...
Grant Brady SCDeputy Chair - Australian Advocacy InstituteBarrister - 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 2000Appointed Senior Counsel 2015Past Chair, ACT Law Society Criminal Law CommitteePast Member, National Criminal Law Liaison CommitteeInstructor NSW Bar Association Readers CourseAccredited Teacher, Australian Bar AssociationMember, Education Committee NSW Bar AssociationPart 2 - Thursday 16 February 2023 - ONLINE
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
(Manual Zoom ID = 2716263497 . Password = Advocacy)
AAI Instructor for this session...
His Hon. Judge Craig Smith SCBoard Member - Australian Advocacy InstituteJudge - District Court of NSW 2021 - Appointed Judge of the District Court of New South Wales2018 - Private Practice, Sydney Bar2015 - Board Member, Australian Advocacy Institute2015 - Appointed Deputy Public Defender2014 - Appointed Senior Counsel2006 - Barrister - NSW Public Defender’s OfficeAdmitted to Bar in 2001Appearance 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 hearings1995 Admitted as Solicitor1995 to 2001, Legal Officer – NSW Legal Aid Commission, Western Aboriginal Legal Service
Senior Instructor and Moderator, Australian Advocacy Institute at workshops across Australia and AAI workshops in Singapore, Hong Kong and at Monash University, Prato, ItalyFormer Vice-President Criminal Defence Lawyers AssociationParticipant 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 18 February 2023 - IN-PERSON.
Advocacy Skills Performance and Review workshop.
8.45am to 3.30pm
GROUP and TASK ALLOCATIONS -
Your participant number is used to determine which TASKS you will be performing in the TIMETABLE that follows:
PARTICIPANT NUMBERTIMETABLE
It is MOST IMPORTANT that you thoroughly read the information provided within the Workshop Timetable before beginning your task preparation. The Timetable can be downloaded in the "Workshop Timetable, Case Studies and Materials for DOWNLOAD" tab in the menu above.
Use your PARTICIPANT NUMBER ABOVE to see which TASKS you will be performing:
AAI INSTRUCTORS FOR THIS SESSION:
The Hon. Ann Ainslie-WallaceChair - Australian Advocacy Institute
District Court of NSW
- 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
- 2022 Appointed Acting Judge of the District Court of NSW, NCAT and NSW Mental Health Tribunal.
- 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, 2022
- 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.
His Hon Judge Craig Smith SCBoard Member - Australian Advocacy Institute
Senior Advocacy Instructor and Moderator
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 - Instructor, International Faculty, ICCA Advanced Advocacy Workshop, Oxford, UK - 2019
- 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.
Helen Roberts SC
Deputy Director of Public Prosecutions, NSWODPPInstructor, Australian Advocacy Institute
Professional:
Admitted as a solicitor in 1998
Barrister since 2010, specialising in criminal law.
Crown Prosecutor since 2010, now Deputy Director NSWODPP.
Appointed Senior Counsel 2021
Advocacy Instructor, AAI since 2015
Faraz Maghami - Barrister, NSW BarSenior Instructor, AAI
Faraz 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.
Update: 09/02/23