The Australian Advocacy Institute
Advocacy Skills Workshop
15, 16, 18 March 2023
Thank you for joining this Advocacy Skills Workshop.
The workshop will be conducted in three parts:
(All times are SYDNEY [EDST] times)
Part 1 - Wednesday 15 March 2023 - 5.00pm* to 6.30pm - ONLINE
Participants join senior AAI advocacy instructors online 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 March 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 March 2023 - 8.45am to 3.45pm - IN-PERSON
VENUE: Family Court of Australia, 99 Goulburn Street, Sydney.
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 details1. Introduction and guide to preparation - Important information for you.1. Introduction to the workshopPlease 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. Within 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 workshopThis is a performance-based workshop. 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 Materials 2023 document (download Tab below). Also, you are encouraged to use the AAI Advocacy Manual in your preparation and for future reference. You do not need to bring the Manual to the workshop. 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 StudyWe 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 (Wednesday and Thursday Sessions)These sessions will be held using the Zoom online platform. Please refer to the section “The Workshop Remote Platform and a guide to connecting online” which can be found a Tab below. 5. The Saturday 'IN-PERSON" WorkshopVENUE: Family Court of Australia, 99 Goulburn Street, Sydney.The AAI is pleased to be returning to face-to-face teaching. We are privileged to be able to use the facilities of the Family Court.On Saturday you will be assigned court rooms according to your Group Colour.Early coffee/tea (from 8.30am), morning tea and a light lunch will be provided. Please advise the AAI (email@example.com) if you have any dietary requirements. 2. Workshop Timetable, Case Studies and materials for download Please download the following materials: 1. Workshop Timetable and Participant Task Allocations <>2. Case Study Bundle <>3. AAI Workshop and Skills Guide 2023 <> 3. The Workshop Remote Platform and a guide to connecting online (Wed & Thurs)1. The Wednesday 15 March and Thursday 16 March sessions of 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 [firstname.lastname@example.org 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.If you do not get a response, please text to 0418 473 303. Part 1 - Wednesday 15 March 2023General Session - 5.00pm to 6.30pm. - ONLINE 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: Topic: AAI Zoom WorkshopTo 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 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 Association
Part 2 - Thursday 16 March 2023General Session - 5.00pm to 6.00pm - ONLINE ALL PARTICIPANTS ZOOM LOG-ON: Topic: AAI Zoom WorkshopTo 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 Instructor for this session: Magistrate Greg GroginMagistrates Court of New South Wales
Senior Instructor - Australian Advocacy Institute 1979 – 1988 Member NSW Police Force including NSW Police Academy Law Instructor and Police Prosecutor1990 – Admitted to practice as barrister, NSW2010 – 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 InjuryPrevious: 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 March 2023Advocacy Skills Performance and Review workshop - IN-PERSONVenue: Family Court, 99 Goulburn Street, Sydney8.45am to 3.45pm PARTICIPANT NUMBER and TASK ALLOCATIONS:Your participant number is used to determine which TASKS you will be performing in the TIMETABLE that follows: v1, 6.03.23 TIMETABLE:Use your PARTICIPANT NUMBER to see which TASKS you will be performing:[V.1: 06/03/23] AAI INSTRUCTORS FOR THIS SESSION: Ian Robertson SC - Barrister S.A. BarBoard Member, Australian Advocacy InstituteSenior Instructor and Moderator Professional:• Bachelor of Laws, University of Adelaide, 1979• Admitted as Barrister and Solicitor, 1986• 1986-94 Solicitor, then Associate, then Partner, Piper Alderman, Adelaide• Admitted to Bar, 1994• Master of Laws, University of Adelaide, 1996• Appointed Senior Counsel, 2008
Other:• 1990-91 Law Council of Law Society of S.A.• 1990-95 Civil Litigation Committee of the Law Society of South Australia• 1991 District Court Rules Committee as the representative of the Law Society of S.A.• 1991 Law Society of S.A. committee to re-structure the court system in S.A.• 1995-2001 Member, then Chair of Mock Trial Committee of the Law Society• 1996-present Executive of the South Australian Bar Association• 1998-2004 Acting, then Honourary Secretary of the SABA• 1998-2000 SABA nominee to Supreme Court Re-development Steering Committee• Member of the Professional Development Advisory Committee of the Law Society of S.A.• 1999-2000 Ad hoc Rules Advisory Committee• 2000-present Executive Member of the SABA Reader’s Course Co-ordination Committee• 2008 -present Member of Advocacy Training Council of the Australian Bar Association• 2016 Chair of Advocacy Training Council of the Australian Bar Association Carl Heaton KCBoard Member, Australian Advocacy InstituteThe Director of Public Prosecutions, QueenslandSenior Instructor, Australian Advocacy Institute
Philip HoganDeputy Senior Crown Prosecutor, NSW ODPPSenior Instructor - Australian Advocacy Institute Professional:
Her Hon. Judge Sarah Huggett - NSW District CourtInstructor, Australian Advocacy Institute In 1993, her Honour joined the NSW Office of the Director of Public Prosecutions, and in 1995 graduated with a Masters of Law specialising in criminal law. Whilst at the ODPP, she was the sole instructing solicitor in the prosecution of the backpacker killer Ivan Milat, and did an exchange to the Crown Prosecution Service in the UK. In 2000, her Honour was appointed as trial advocate in Bathurst, responsible for the prosecution of trials at both Bathurst and Orange District Courts.2001, called to the New South Wales Bar. She was involved in a number of sexual assault cases, including the Golossian and Mason trials.2009, Adjunct Professor at the Loyola Law School in Comparative Criminal Law, Los Angeles, USA. Holly Veale - Barrister, S.A. BarInstructor, Australian Advocacy Institute Holly practices predominately in commercial, civil and administrative law. She also accepts briefs in employment law.Holly has significant experience in commissions of inquiry. In 2015/2016 she appeared as Junior Counsel for the State of South Australia in the Child Protection Systems Royal Commission. In 2017 she was Counsel Assisting the Independent Commissioner Against Corruption in the evaluation of SafeWork SA. She has recently appeared for a number of providers in the Aged Care Royal Commission.Although based in South Australia, Holly appears regularly interstate, including New South Wales. Please contact her to discuss interstate engagements.Holly is a member of the South Australian Bar Association and on the Futures Committee of the Australian Bar Association.Holly is a trainer with the Australian Advocacy Institute and the Australian Bar Association. Mark Roberts - Barrister, S.A. BarInstructor, Australian Advocacy Institute Mark joined the Independent Bar in January 2002. Since then, he has operated a common law practice, with a predominant focus on personal injury, public and product liability claims, industrial accidents and disputes, insurance, workers compensation and professional indemnity claims. Over the past 15 years Mark has developed specialist knowledge and expertise in relation to asbestos disease litigation, complex medical malpractice and catastrophic injury claims acting for both plaintiffs and defendants. A significant portion of Mark's work is now devoted to these areas of interest, representing both plaintiffs and defendants, including the State of South Australia and SA Police. Apart from the District and Supreme Courts, Mark also appears in the Administrative Appeals Tribunal, the Coroner's Court, and the South Australian Employment Tribunal. Rose Khalilizadeh - Public Defenders N.S.W.Instructor, Australian Advocacy Institute Rose was admitted to the Bar in 2017 after working as a solicitor at Legal Aid NSW, the Children’s Legal Service, the Aboriginal Legal Service NSW/ACT and in private criminal practice. Prior to that, she was Tipstaff to Justice Roger Giles (NSW Court of Appeal) and held various positions at the Commonwealth Director of Public Prosecutions and the NSW Legislative Council. Rose appears in a wide range of criminal matters, including jury trials, appeals, contested hearings, sentence matters, Children’s Court matters, High Risk Offender applications and matters before various boards and tribunals. Nicholas Marney – Crown Prosecutor, NSW ODPPInstructor, Australian Advocacy Institute Nicholas was called to the bar of England and Wales in 2002, where he undertook both criminal prosecution and defence work. Nicholas has appeared in a wide range of criminal cases for offences including murder, manslaughter, large scale drugs importation, fraud, robbery and serous assaults. He specialised in the representation of juvenile defendants and defendants with poor mental health, charged with serious offences. Nicholas appeared regularly as defence counsel in court martial proceedings in the UK and Germany, representing members of the British Army. In 2012 Nicholas moved to Australia and began practicing as a solicitor, before being appointed as a NSW Crown Prosecutor. He currently prosecutes in the Western Sydney area. Nicholas has served in the British Army as a regular and reserve officer and has undertaken a number of operational tours including Afghanistan, attached to 21 SAS Regiment, Algeria, as team leader of the British Ambassador’s close protection team and Northern Ireland as part of a naval anti-terrorist team conducting maritime search and interdiction operations. Ingrid King - Barrister, NSW Bar
Instructor, Australian Advocacy Institute Ingrid King has been in legal practice since 1994 and has a special interest in regulatory and corporate litigation. Her other practice areas include land and environment law, employment law, equity, and insolvency law. Ingrid also teaches Securities Markets Law at UTS and has taught Takeovers and Securities Industries Law at ANU. Ingrid is a member of the Banking and Finance Lawyers Association.
Prior to coming to the Bar, Ingrid worked in-house (in financial services and government) and in private practice as a litigation solicitor. Craig Everson SC - Deputy Senior Crown Prosecutor - NSW ODPP
Senior Instructor, Australian Advocacy Institute