Moot competitions are a great opportunity to argue a case before a judge (or adjudicator) while you're still a student. But, what is mooting, exactly? Find out what it's all about from two competition-winning Deakin Law students and Deakin's Moot Director.

Asked to describe the practice of mooting, Deakin Law School student Chris Downes sums it up thus: ‘It’s something that law students do where they pretend to be a barrister and present a mock argument on a mock case before a mock (or sometimes real) judge’.

It’s actually a pretty accurate description, and Chris, currently in her fourth year of an Arts/Law degree, definitely knows what she’s talking about. She and mooting partner Liz Marshall entered the Victorian Bar (VicBar) Equality and Diversity Moot late last year, and came out on top. Deakin Law School was presented with the perpetual trophy by VicBar President, Elizabeth Bennett SC (now the Honourable Justice Bennett of the Federal Court of Australia).

‘I’m really proud of us both,’ says Liz Marshall. ‘The problems were really interesting, and then being in the Victorian Supreme Court with real judges was super cool.’

For this moot, she acted as senior counsel, Chris as junior counsel, and they’ve come to realise they make a formidable team. For her part, Liz says she happily gets ‘lost in the weeds’ of researching during their preparation time. ‘I just find it really interesting,’ she admits.

Chris says one of her strengths is to come at the chosen topic from all angles. ‘I can find holes or flaws in arguments, or the things that another side could rebut in response to our arguments. I think the two of us arguing, respectfully, together allows us to create the most airtight arguments possible.’

Their success is even more impressive considering the questions they had to tackle were from an area of law in which neither had any real experience. ‘It was mostly employment law and contract disputes,’ says Liz. ‘We hadn’t really done anything to do with the Fair Work Act 2009. So it was really interesting to, from scratch, quickly learn an area of law.’

The pair’s interest in mooting began when they both were selected to take part in last year’s inter-varsity Baker McKenzie National Women’s Moot. And while the VicBar competition was done because they thoroughly enjoy the challenge of mooting, the Baker McKenzie competition was part of their law studies at Deakin.

‘Deakin Law School has participated in several state, national and international moot competitions,’ explains Dr Bruce Chen, Director of Deakin Law School’s Moot Program, who also coached Chris and Liz for the VicBar competition along with Associate Professor Maria O’Sullivan.

‘Students apply for and are selected to enrol in a Mooting and Advocacy unit (MLL460 and MLJ760). As an elective practical unit, they obtain credit for completion as a Work Integrated Learning (WIL) unit.’ Moots available include contract law, private law, international commercial arbitration and constitutional law. Students are supported with dedicated coaching, mentoring, and moot workshops.

Chris and Liz readily admit that mooting does require a lot of work from those participating, but taking part has been invaluable for preparing for the real legal world, something Dr Chen witnesses in his role helming this area. ‘I see students coming out of the Moot Program with enhanced teamwork, writing and oral presentation skills – and a greater sense of self-confidence,’ adds Dr Chen. ‘It’s also a wonderful way for students to further engage and network with their peers, academic staff and the broader legal profession.’

He also says mooting isn’t just for those who want to be barristers. ‘There are certain roles where solicitors, such as duty lawyers, spend the majority of their time in court. Mooting and advocacy are helpful skills for all our law students.’

Chris and Liz both praise the assistance they received through the Moot Program. ‘We were working with Dr Bruce Chen and Associate Professor Maria O’Sullivan, both of whom are absolutely incredible academics. They offered us their time to provide feedback on our presentations before we actually gave them in the moot competition’s settings. A coach’s job is to facilitate the team and keep them on track with how they’re progressing and to provide feedback on oral advocacy.’

The Moot Program has had real benefits for both students. ‘The moot I did as a unit [Baker McKenzie] is by far the subject I gained the most practical legal experience from that I have been able to apply in my job as a law clerk in a dispute resolution team,’ says Chris. ‘I am recommending mooting to every law student I interact with, especially those from Deakin.’

Both are keen to do more mooting due to how positive the Moot Program has been. ‘I realised I can do this, I can go up there and speak, with very little information, learn a new area of law and deliver a good, effective argument that would work in an actual court with an actual judge,’ Liz explains. ‘It’s made me realise, yes I really love law, I’m really happy and I want to go practise law.’

For further information visit the Deakin Law School Moot Program