Essays in Advocacy

Essays in Advocacy cover

edited by Tom Gray, Martin Hinton and David Caruso

$99.00 | 2012 | Paperback | 978-0-9871718-3-2 | 610 pp


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  • Chapter details

    Foreword The Hon. Justice Tom Gray

    Introduction The Hon. Justice Robert French AC, Chief Justice of the High Court of Australia

    Etiquette Elisa Holmes

    Part oneEthics, Duties and Obligations

    The Importance of the Advocate to the Administration of Justice  The Hon. Justice Jennifer Davies

    Ethical Obligations of the Advocate Jonathan Wells QC

    The Obligations and Duties of Silk and their Juniors Michael Grant QC

    The Attorney-General as Advocate The Hon. John Rau MP and Chad Jacobi

    The Prosecutorial Discretion The Hon. Justice Richard Refshauge

    The Solicitor/Barrister Relationship John Goldberg

    Part two: Preparation

    Taking Instructions and Advising the Client Anthony Kerin

    Pleadings: A conceptual Guide to Practical Legal Drafting Ian Robertson SC

    Written Advocacy: Writing with Effect and Persuasion The Hon. Justice G T Pagone

    The Advocate and Language  Julian Burnside QC

    Criminal Trial Preparation  Paul Muscat QC

    Civil Trial Preparation  Mark Livesey QC

    Part three: The Trial

    The Duties of the Prosecutor The Hon. Roderick Howie QC

    The Voir Dire  The Hon. Justice John Sulan

    Opening a Trial  Walter Sofronoff QC

    Examination-in-Chief  Adam Kimber SC

    The Child and the Trial  The Hon. Robyn Layton QC

    Representing Minorities  His Hon. Judge Sydney Tilmouth

    Experts  The Hon. Justice Bruce Lander

    Closing Addresses The Hon. Justice Michael David

    The Magistrates Court Trial  The Chief Magistrate Elizabeth Bolton

    The Trial by Judge Alone  Grant Donaldson SC

    The Serious and Complex Commercial Trial  The Hon. David Bleby QC

    Part four: Alternatives to Trial

    Alternative Dispute Resolution The Hon. Bruce Debelle QC

    Mediation  Stephen Walsh QC

    Restorative Justice  The Hon. E P Mullighan QC and Leigh Garrett

    Part five: Tribunals, Inquiries and Miscellaneous Hearings

    Injunctions  The Hon. Justice John Mansfield AM

    Disciplinary Tribunals  The Hon. Justice Kevin Duggan AM

    The Environment, Resources and Development Court  Brian Hayes QC

    Industrial Commissions and Tribunals  His Hon. Judge Peter McCusker

    Coronial Inquiries  His Hon. Judge Wayne Chivell

    An Advocate's Role in Inquiries  Dick Whitington QC

    Part six: Sentencing and Remedies

    The Plea in Mitigation  David Edwardson QC

    Remedies The Hon. Justice Malcolm Blue

    Part seven: Appeals

    Permission to Appeal  The Hon. Justice Anthony Besanko

    Appeals Before Single Judges   The Hon. Justice Richard White

    Appeals Against Sentence  His Hon. Judge Paul Cuthbertson

    Appeals Before the Full Court and the Court of Criminal Appeal  The Hon. Justice John Doyle AC, Chief Justice of South Australia

    Part eight: Applications for Judicial Review

    Applications to Judicial Officers Paul Slattery QC

    Applications for Judicial Review  Chris Bleby and Phillip McNamara QC

    Part nine: Proceedings in the High Court and Petitions

    Special Leave to Appeal or Special Appeal to Leave - Does Advocacy Matter?  The Hon. Justice Chris Kourakis

    Matters in the High Court Arising Under the Constitution or Involving its Interpretation  Stephen Gageler SC

    The Institution of Mercy  Martin Hinton QC and David Caruso


    The Seven Virtues of Advocacy  The Hon. Justice Margaret White

    The Lighter Side  Kevin Borick QC

Any observer of advocacy in Court will be struck by the dissimilarity of advocates’ styles, mannerisms, eloquence and the manner or mode of persuasion. The power of persuasion is innate, idiosyncratic and unpredictable. There is a danger in attempting to teach a particular style of manner of delivery. This publication approaches advocacy in an entirely different way. The reader of the publication is at times entertained, and other times subjected to concentrated study. Some authors write in an elegant manner, others in a scholarly fashion. Pragmatic advice is the approach of yet others. Each author through their essay displays their own unique style of persuasion. The editors have eschewed any thought of attempting any degree of homogeneity. The authors have wanted the student, the reader and the critic to identify and respect these differences. They are the very essence of advocacy.

The essays should appeal to a wide-ranging audience. One of the purposes of this publication is to provide a text for the undergraduate, for the student undertaking professional legal training and for the young practitioner in early years of their work as advocates. The editors have the expectation that the work will have wider uses. It is expected that school students in their final years, engaging in legal studies, in mock trial and in mooting competitions will find the essays both inspirational and motivational.

from the ‘Foreword’ by Justice Tom Gray