Advocacy Skills Workshop

6, 7, 9 March 2024 - ONLINE AND IN-PERSON - SYDNEY

Thank you for joining this AAI Advocacy Skills Workshop.

 

This workshop will be conducted in three parts:

(All times are SYDNEY [EDST] times)

 Part 1 - Wednesday 6 March 2024 - 5.00pm* to 6.30pm - ONLINE

*Online log-on opens 30 mins earlier

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 7 March 2024 - 5.00pm* to 6.00pm - ONLINE

*Online log-on opens 30 mins earlier

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

 

Part 3 - Saturday 9 March 2024 - 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.

 

32Please 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 “Timetable and Task Allocation” details the format for this workshop. Wednesday and Thursday ONLINE 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. The Saturday 'IN-PERSON" Workshop:VENUE: Family Court of Australia, 99 Goulburn Street, Sydney.On Saturday you will have 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 (aai@advocacy.com.au) if you have any dietary requirements. Within the Timetable you will find a table that allocates a GROUP and ADVOCATE NUMBER for each advocate participating. 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/Trainer 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 AAI Trainer.  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 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 6 hours + for this preparation.
Please prepare in advance – do not wait until after the Wed/Thurs. introductory sessions.
 You will be asked to act as a witness for other advocates.Please note that when a task requires a witness in Evidence in Chief and Cross Examination, the AAI Trainer will nominate an advocate from your group to act the witness role. THIS MAY BE YOU, so 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. Know the witness statements to the same degree you would expect of the witness you will be questioning. 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. 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 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. 
2. Workshop Timetable, Case Studies and materials for downloadPlease download the following materials: 1. Workshop Timetable and Advocate Task Allocations
     v2 (29/2) Participant name changes only, tasks remain same. <>
     v3 (01/3) Participant name changes only, tasks remain same. <>     v4 (06/3) Participant name changes only, tasks remain same. <>     v5 (06/3) Participant name changes only, tasks remain same.2. Case Study Bundle3. AAI Workshop and Skills Guide 20244. AAI Advocacy Manual [1st Edition pdf version] 
3. The Workshop Remote Platform and a guide to connecting online (Wed & Thurs)1. The Wednesday and Thursday 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 [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.If you do not get a response, please text to 0418 473 303. 
Part 1 - Wednesday 6 March 2024 - ONLINE - TimetableGeneral 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 ADVOCATES 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 Teacher for this session:  Felicity Hampel AM SCDeputy Chair - Australian Advocacy Institute Felicity Hampel AM SC is a retired judge of the County Court of Victoria and vice president of the Victorian Civil and Administrative Tribunal.  She commenced practice as a barrister in 1981, was appointed Queen’s Counsel in 1996, converting to Senior Counsel in 2001.  She was appointed to the County Court in 2005 and accepted a concurrent appointment as a Vice President of VCAT in 2010. She had served for over 18 years as a judicial officer by the time of her retirement in June 2023. She is a fellow of the Australian Academy of Law, deputy chair of the Board of the Australian Advocacy Institute and a Bencher of the Inner Temple. She was made a Member of the Order of Australia in the 2021 Queen’s Birthday honours for significant services to the judiciary, legal organisations and women. Felicity developed a national practice, predominantly in human rights, administrative and criminal law before her appointment to the County Court. In addition, she is a nationally and internationally renowned leader in the development and delivery of the teaching of advocacy skills. Past positions include part-time Commissioner of the Victorian Law Reform Commission, Adjunct Professor, Faculty of Law, Monash University,  President of Liberty Victoria,  Board Member of the Royal Women’s Hospital and of Trinity College, a member of the advisory boards of the Castan Centre for Human Rights and Institute of Legal Studies at the Australian Catholic University, a member of the Bill Kent Foundation Fund Advisory Board and trustee of the Alan Missen Trust. She was a founding member of Australian Women Lawyers and the Women Barristers Association, Vice-Chair of the Victorian Bar Readers Course Committee and a member of the Victorian Bar Equality before the Law Committee. Felicity is an honorary Life member of the Australian Republican Movement, included in the Centenary of federation “Women shaping the nation” Honour Roll and was awarded the Victorian Women lawyers achievement award in 2005.    Part 2 - Thursday 7 March 2024 - ONLINE - TimetableGeneral Session - 5.00pm to 6.00pm - ONLINE ALL ADVOCATES 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: Sharyn Hall SC - Barrister, NSW BarBoard Member, Australian Advocacy InstituteSenior Instructor, AAI Professional:• 1999 – Admitted to practice as solicitor, NSW• Solicitor, Western Aboriginal Legal Service• Solicitor, Legal Aid NSW• 2007 – Admitted as barrister, NSW• 2008 – Registered practitioner, High Court of Australia• 2021 – Appointed Senior CounselRegularly appears in the Supreme Court to defend applications for continuing detention and extended supervision orders.
Appeared at the Royal Commission into Institutional Responses to Child Sexual Abuse. Appearances in ICAC.
Senior Advocacy Instructor, AAI and NSW Bar Practice Course.   
Part 3 - Saturday 9 March 2024 - IN-PERSON - Timetable and AAI TrainersAdvocacy Skills Performance and Review workshop - IN-PERSONVenue: Family Court, 99 Goulburn Street, Sydney8.45am to 3.45pm ADVOCATE NUMBER and TASK ALLOCATIONS:Your advocate number is used to determine which TASKS you will be performing in the TIMETABLE that follows:

 v5, 06/3/24 TIMETABLE:Use your ADVOCATE NUMBER (above) to see which TASKS you will be performing:[V.1: 26/2/24] AAI Teachers for Saturday: Moderator: The Hon. Ann Ainslie-WallaceChair - Australian Advocacy Institute • Senior Moderator and trainer 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 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, Sydney2022: Appointed Acting Judge of the District Court of New South Wales2023: Appointed Acting Justice of the ACT Supreme Court

Advocacy Training: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 2018Instructor: New Practitioners Advocacy Workshops, Inner Temple, London 2013 to 2019, 2023.Instructor: AAI Advanced Teacher Training Program for UK Advocacy Training Council, London 2013Instructor: ICCA International Advanced Advocacy Workshops, Keble College Oxford, UK  2016-17-18, 2022-23Instructor: South African Bar Teacher Training and Junior Practitioners Workshop, Drakensburg S.A., 2023Visiting Faculty, National Institute for Trial Advocacy (USA)Instructor: AAI Advocacy for Victims of War Crimes workshop, International Criminal Court, The Hague 2013Instructor: Australian Bar Association International Advocacy Team, Bangladesh 1996 to 2000.

Other:Fellow of the Australian Academy of LawAdjunct Professor of Law (Advocacy), University of Technology, SydneyFormer 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 2008-2010 AAI Trainers

Felicity Hampel AM SCDeputy Chair - Australian Advocacy InstituteSenior Trainer and Moderator, Australian Advocacy Institute Felicity Hampel AM SC is a retired judge of the County Court of Victoria and vice president of the Victorian Civil and Administrative Tribunal.  She commenced practice as a barrister in 1981, was appointed Queen’s Counsel in 1996, converting to Senior Counsel in 2001.  She was appointed to the County Court in 2005 and accepted a concurrent appointment as a Vice President of VCAT in 2010. She had served for over 18 years as a judicial officer by the time of her retirement in June 2023. She is a fellow of the Australian Academy of Law, deputy chair of the Board of the Australian Advocacy Institute and a Bencher of the Inner Temple. She was made a Member of the Order of Australia in the 2021 Queen’s Birthday honours for significant services to the judiciary, legal organisations and women. Felicity developed a national practice, predominantly in human rights, administrative and criminal law before her appointment to the County Court. In addition, she is a nationally and internationally renowned leader in the development and delivery of the teaching of advocacy skills. Past positions include part-time Commissioner of the Victorian Law Reform Commission, Adjunct Professor, Faculty of Law, Monash University,  President of Liberty Victoria,  Board Member of the Royal Women’s Hospital and of Trinity College, a member of the advisory boards of the Castan Centre for Human Rights and Institute of Legal Studies at the Australian Catholic University, a member of the Bill Kent Foundation Fund Advisory Board and trustee of the Alan Missen Trust. She was a founding member of Australian Women Lawyers and the Women Barristers Association, Vice-Chair of the Victorian Bar Readers Course Committee and a member of the Victorian Bar Equality before the Law Committee. Felicity is an honorary Life member of the Australian Republican Movement, included in the Centenary of federation “Women shaping the nation” Honour Roll and was awarded the Victorian Women lawyers achievement award in 2005.

 Sharyn Hall SC - Barrister, NSW BarAAI Board Member,
Senior Trainer, AAI
 Professional:• 1999 – Admitted to practice as solicitor, NSW• Solicitor, Western Aboriginal Legal Service• Solicitor, Legal Aid NSW• 2007 – Admitted as barrister, NSW• 2008 – Registered practitioner, High Court of Australia• 2021 – Appointed Senior CounselRegularly appears in the Supreme Court to defend applications for continuing detention and extended supervision orders. Appeared at the Royal Commission into Institutional Responses to Child Sexual Abuse. Appearances in ICACSenior Advocacy Instructor, AAI and NSW Bar Practice Course.  Judge Kara Shead SCNew South Wales District CourtSenior Trainer - AAI 2019: Appointed to the bench of the NSW District Court2016: Deputy Director of Public Prosecutions2016: Appointed Senior Counsel2014: Appointed as a Deputy Senior Public Defender.2005: Crown Prosecutor1996 – 2005: Solicitor for the Office of the Director of Public Prosecutions, appearing as a Trial Advocate.Past Member of the Bar Council, the Criminal Law Committee and a Professional Conduct Committee of the Bar Association of New South Wales.Qualified Advocacy Instructor with AAI.   Carolyn Davenport SC - Barrister, NSW BarBoard Member, Australian Advocacy Institute Professional:• 1977 - Barrister, practising in criminal and family law at Wardell Chambers, Sydney• 1980/1985 - Corporate Affairs Comm. NSW.  Prosecution of major corporate fraud and civil litigation• 1985/2001 - Crown Prosecutor.  Criminal trials in the District Court, Supreme Courts and the CCA• 1991/1992 - General Counsel with the Independent Commission Against Corruption• 2001/present - Barrister, criminal law in the District and Supreme Courts and the Court of Criminal Appeal,
   and Counsel Assisting before the ICAC, Samuel Griffith Chambers, Sydney
• 2004 - Appointed Senior Counsel.
 • 1996/2002 - Member, Education Committee of the NSW Bar Association• 2001/2008 - Member, Criminal Law Committee of the NSW Bar Association• 2007, 2010 - Instructor with AAI/Monash University Trial Practice Course, Prato, Italy• 2009 - AAI Moderator Training• 2011 - AAI Leadership Training• 1995/present - Advocacy teaching as a Senior Trainer with AAI across Australia and in Hong Kong• 2015-2023 - Member of Board, Australian Advocacy Institute. Nicholas Marney – Crown Prosecutor, NSW ODPPTrainer - 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.  Andrew Fox SC - Barrister NSW BarTrainer - 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. Edward Cox SC - Barrister NSW BarTrainer - Australian Advocacy Institute

Edward Cox SC is a senior barrister specialising in shipping law, transport law and international law, as well as commercial law and equity, corporate and insolvency law, and family law. Edward represents clients in appeals, inquiries and arbitrations, and has prosecuted and defended environmental and other offences. His diverse experience includes acting as both counsel and arbitrator in sports arbitrations involving Olympic selection disputes and disciplinary proceedings. He has also conducted a number of arbitrations and mediations involving shipping and international disputes. Edward regularly appears in the Federal Court of Australia, Supreme Court of NSW and District Court of NSW. He has also appeared in the High Court and Court of Appeal in the Solomon Islands and Vanuatu, and has been involved in proceedings and arbitrations in Singapore, Papua New Guinea and Fiji.