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LAW5355 · Advocacy

Official Handbook

2026 Handbook6 credit pointsLevel 5Faculty of Law

Last checked: 23 Aug 2026 UTC

Overview

This unit will develop your deeper theoretical understanding of the essential role of advocacy in the adversary system. It will enable you to better appreciate the way in which cases evolve through the courts and how the factual and evidentiary foundation relates to the legal results. You will better understand the nature of the skills which are required of advocates, their ethical obligations and the importance of the advocate's role in the courts' decision making process. The theory covered and skills practised will include case analysis, written case theory, development of strategy, trial preparation and practice, presentation skills, ethics, evidence, legal argument, and communication skills in accordance with criteria established by the Australian Advocacy Institute. This will be of benefit not only if you are contemplating practice at the Bar, or as a solicitor advocate, but also if you work in litigation and other dispute resolution.

Areas of study: Dispute resolution

Offerings

CampusTeaching periodMode
Monash Law ChambersTrimester 3Activities scheduled as a mix of on-campus and online activities in a block period (BLD-BLK)

Assessment

The Handbook lists an examination for this unit.

#AssessmentTypeWeightHurdle
1Mini trial assessmentDemonstration20%
2Opening statement Demonstration20%
3Examination in chiefDemonstration20%
4Cross examinationDemonstration20%
5Closing addressDemonstration20%

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

prohibitions

  • LAW4310 — Trial practice and advocacy

Learning outcomes

  1. Investigate, analyse and apply complex information, problems, concepts and theories in relation to advocacy and the adversarial system to new situations and/or further learning.
  2. Conduct research in advocacy so as to construct, organise and deliver an effective oral argument.
  3. At an abstract level, use cognitive, technical and creative skills to generate and evaluate complex advocacy and the adversarial system ideas and concepts sufficient in preparation for trial performance.
  4. Actively engage, collaborate and communicate persuasively on a range of topics related to courtroom advocacy.

Workload

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

ActivityDuration
Workshops24 hours
Assessments24 hours

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