MLL408 - Sample Submission Template PDF

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Download MLL408 - Sample Submission Template PDF

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MLL408 – Court submission sample template Dear Students, There is no real format as to how you set out your submissions. So long as it is typed, structured clearly and logically, it is numbered, you have used headings and subheadings, the appellant and respondent are labelled at the beginning of the document, the court that the matter is being heard in is labelled etc (please refer back to my guidance recording) then that is sufficient. It is similar to the approach you took with the affidavits. It is also at your discretion as to whether or not you include a table of contents at the beginning of your submissions - you may decide that your headings are sufficient. Further you do not need to direct your submissions to anyone e.g. a judge. When referring to the client it is sufficient for you make reference to 'my client', 'Mr Black’, ‘the Applicant’, or the ‘Applicant Father’. In terms of the substance: -

It is to be written formally (unlike the letter of advice – assignment 1). Focus on all issues. A simple way of approaching it is by -

1. Summarise the relevant facts – at the beginning. 2. Summarise the broad legal principles that apply. set out early on what acts, provisions etc the submissions will be concerned with. 3. Apply the law to the relevant facts - this is the main part of the assignment. What do you want for your client and why should it be awarded to your client. This is where your persuasive skills get put to the test. Make sure to the highlight strengths in your case and any weaknesses in the respondent’s case. Also, if there are any weaknesses in your your case then address them to. Remember, the purpose of a submission is to save the judge time and to assist them in making their judgement. So be clear, sharp, straight to the point. Better submissions will refer to case authorities regarding identifying and substantiating these considerations. So, as I keep mentioning in the lectures, it is so so important that you have read and understood the sections of the FLA that are likely to be relevant to your court matter and also any precedents – textbook is a good place to start. Again, the below is a suggestion – it is an example as to the types of headings that would be used. You may also decide to deal with interim issues for all issues and then move on to the final orders – no right or wrong approach so long as it reads fluidly and logically.

IN THE XXX COURT

BETWEEN:

XXXX Applicant and XXXX Respondent

SUBMISSIONS ON BEHALF OF THE APPLICANT IN AN APPLICATION FOR CHILDREN AND PARENTING ORDERS FOR HEARING ON XX XXX 2017

RELEVANT FACTS (Summarise the relevant facts) 1. 2.

ISSUES OF SUBMISSIONS AND APPLICABLE STATUTORY PROVISIONS (What are the applicable principles/areas/provisions? Set it out broadly at the beginning so that it is clear what the submission will be dealing with). 3. The submissions by the Applicant Father raise the following issues.. 4.

URGENT MATTERS (Main part of the assignment – apply the relevant facts to the law. See also CCH or the Lawyer’s Practice Manual for draft/example orders that you can use). 5. 6. APPLICANTS ARGUMENTS 7. The Applicant Father is 8. It is submitted ..

Interim? Final? PARENTING ORDERS SOUGHT / PARENTING MATTERS (Main part of the assignment – apply relevant facts to the law. See also CCH or the Lawyer’s Practice Manual for draft/example orders that you can use). 9. The extent of and the circumstances in which the Applicant Father should spend time with/live with the child born 13 June 2013 ("Willow") … 10. APPLICANTS ARGUMENTS 11. 12.

Interim? Final? PROPERTY ORDERS SOUGHT / PROPERTY MATTERS (Main part of the assignment – apply the relevant facts to the law. See also CCH or the Lawyer’s Practice Manual for draft/example orders that you can use). 13. 14. APPLICANTS ARGUMENTS 15. 16....