On Monday 5 May, Justin Ting (11/JN), Saahil Parekh (11/MO) and Ben Rigney (11/FL) set out to the Administrative Appeals Tribunal in the CBD with Ms Shepherd and the incomparable Bradley Smith to take part in a moot. Mooting involves both making and presenting a legal argument for a fictitious court case in a courtroom environment. One team acts for the appellant (person appealing a prior decision), the other the respondent. On this day, we represented the appellant.

In mooting, knowledge of the law is essential. Fortunately we had experienced mooter Brad Smith to teach us the basics of the Legal System and Tort Law, especially regarding negligence. After setting the foundations of mooting in Term One, we dived deep into the case of Leonard, a teenager who injured himself at a council picnic after a rope swing broke as he was using it. We had two submissions: 1. that the council breached its duty of care by not removing or allocating a security guard to the rope swing, and 2. that the danger of the rope swing was not an obvious risk to a reasonable person in Leonard’s position. After writing our individual speeches, we tackled the presentation. Fuelled by pizza, biscuits and hot chocolate, we practiced and practiced and practiced until we could withstand Brad’s intense questioning and respond fluently.

On the day of the moot, we went against Pymble Ladies College. As counsel for the appellant, we presented our case first before the two judges. Senior Counsel, Justin Ting spoke on the first submission before Junior Counsel and Saahil Parekh submitted the second. Assisting solicitor, Ben Rigney ensured that all the documents, including summaries of cases and written submissions, were at hand. The counsel for the respondent then made their submissions. After the moot, the judges gave feedback, saying that everyone displayed great knowledge of the law and responded to the judges’ questions very well. Speaking before the court was a nerve-racking yet exciting experience. We hope to progress to the finals held in August at Bond University.

We would like to thank Ms Shepherd for her time and effort in the mooting program, especially for her plentiful supply of food. And we must – again – mention Brad Smith for his formidable coaching abilities on those long Tuesday evening practices.

 Justin Ting (11/JN) and Saahil Parekh (11/FL)
Newington College Mooting Team