A Review of The ABA Advanced Trial Advocacy Course

Earlier this year, I, along with 41 other junior counsel, from around Australia, and with representatives from Fiji and New Zealand, took part in the Advanced Trial Advocacy Course run by the Australian Bar Association in Brisbane.

Many readers will remember Jeremy Sweeny recounted his experience of this course in the December 2013 edition of Hearsay in which he very ably described what it entailed. At the risk of repetition, in short it involves the examination of the source of advocacy and how we, as individual barristers, approach that task against the backdrop of an actual trial. Like last year the course was divided into civil and criminal streams: the civil case being a deceptive and misleading conduct action, derived from an alleged passing off of a software service; the criminal stream, a rape case.

All the things which one would do in a normal trial: opening; examination in chief; cross-examination and closing, were discussed, practised, and then analysed. We, like last year, were divided into groups of six and each assigned a coach to be with us for the duration of the course. In the group in which I was placed my “den mother” was Sandy Thompson QC. It perhaps says more as to the worth of this course than anything I am likely to say to recount that Sandy had coached this course last year and thought it of such worth that he volunteered to back up for this year’s occasion.

At each stage of the process there is a lecture about the general apposite principles to the task next to be undertaken and then it is straight to the tools when we “perform.” For this there are three “coaches” on hand, one of which is always your group coach. After each exercise two of the coaches provide a commentary after which you have the opportunity to review a video (did I mention you are videoed while doing all this) of yourself with the third coach in private. It is in many ways looking at yourself on tape that is the most revealing: apart from seeing how much we have all let ourselves go.

This year, in addition from silks from around the country and New Zealand and South Africa, Chief Justice Kourakis of the Supreme Court of South Australia, Justice Sloss of the Supreme Court of Victoria, Justices Martin and Boddice of our Supreme Court and Judge Dick SC of the District Court, gave up their time to act as coaches. Also on hand are voice and performance coaches and their insights can be a revelation. To round out the team were various volunteer “witnesses” and partners from Vincents and Korda Mentha who had, for the civil stream, provided forensic accounting reports and appeared as experts for evidence in chief and cross-examination.

Over the course of the week you get to spend time with most of the coaches in different contexts. My own experience included two private coaching sessions with the Chief Justice, and one each with Boddice J and Temby QC, something which I never would have thought would occur when I commenced my career at the bar some 19 years ago.

The course does require a lot of work (but it is fun as well) and it was a common refrain from those participating that it is harder than a regular trial. However it repays the effort and has an additional benefit, beyond improving your own skills — one which Jeremy touched upon in his review last year and to which I will add my endorsement — the camaraderie that you develop with counsel from other jurisdictions. In my group there were three Queenslanders, Liddy, Steele and me (all for the applicant in our case), joined by two counsel from Victoria and one from New South Wales (who were all for the respondent — so a State of Origin flavour could be detected) and we have kept in touch since.   

Finally it is something that benefits regardless of seniority. The average seniority for the course just gone was 20 years. As well many of the coaches will tell you that they get benefit from it also.

It is well recommended.

Mark Williams
Barrister, Brisbane