Written Advocacy (LAWS70052)

Increasingly and at all levels of the judicial hierarchy, written submissions are expected of, and are becoming an important tool for, advocates. Written advocacy also plays a role in a range of other legal documents, such as advices, affidavits and statements of facts. This subject aims to critically evaluate the use of written advocacy (principally in litigation) and to develop advanced skills in the preparation of legal documents. There will be a particular focus on written submissions, including written submissions at first instance and on appeal, and including both the factual and legal aspects of submission writing. This subject will focus on effective written advocacy by examining techniques used in Australia and, by way of comparison, techniques used in appellate courts in the United States and the United Kingdom. The subject will involve guest speakers from the judiciary and the Victorian Bar to provide practical perspectives on written advocacy.

Principal topics will include:

• Written advocacy:
  • History and role of written submissions in Australian courts
  • Comparison with oral advocacy
  • Comparison between Australia and the United States and the United Kingdom
  • Submissions at first instance and at appellate level
  • High Court submissions
• The writing, organisation and structure of well-written submissions, with a focus on the various aspects of the submissions, including:
  • Themes
  • Issues
  • Structure
  • Facts
  • Legal Argument
  • Style.