Add references to the oral statement that are particularly relevant and correct any discrepancies. It is acceptable to ask for a short break at the end of the oral proceedings so that you can gather your ideas before presenting your oral submissions. Previous decisions of the Mental Health Tribunal, the EATV or the Supreme Court may be helpful in guiding the court on legal or interpretive issues. However, caution should be exercised when making factual comparisons, as each case relates to its unique facts. If you intend (as directed) to challenge only one or two of the treatment criteria, it is helpful to be aware of this at the outset and focus your submissions to the Mental Health Tribunal on these points. Ultimately, creating and developing inputs involves judgment in each case, but the following tips may be helpful: Written pleading is a form of legal transcription that, with the permission of the court and with the consent of both parties, is performed in court by the parties to the case or their lawyer to present their arguments in written form instead of an oral hearing. Your submissions to the Mental Health Tribunal must address the law, the evidence and the particular circumstances of your client`s case. At the outset of the hearing, you must highlight any jurisdictional issues or non-compliance with the requirements of the Mental Health Act, 2014 (VIC), such as access to clinical information and records, and procedural fairness. It is also an opportunity for you to tell the court if your client prefers to testify, for example when he wants to speak first. In addition, when it comes to substantive issues, there is no right or wrong approach to when submissions should be made – whether at the beginning of the hearing, at the end, or both. Some members of the Court prefer hearings and time for observations. For example, some may invite you to post opening messages before hearing testimonials from your client or the handling team, and others may ask questions directly to your client before you have a chance to submit opening messages.
Experiment and find out which approach is most effective with your style of advocacy and the members of your local court. It can serve as a guide in preparing your written submission. Reading them to your client before the hearing is also a very helpful way to confirm instructions and make changes as needed. Written submissions can also be useful in the event of a complaint. When preparing your submissions, consider the following: Parties to a case may be invited to make submissions, also known as legal arguments. In oral proceedings, observations may be made orally or in writing, or sometimes both. There is a risk of making written submissions to the court if the evidence is uncertain, or if your client`s instructions or circumstances may change at the time of the hearing. Being “locked in” by written submissions can damage the credibility of your submissions and, perhaps, your client`s evidence at the hearing itself. Even if you ultimately do not make written submissions to the court, preparing your submissions in writing during the hearing can help, and you can refer to them if necessary. You don`t have to be limited by what the court asks you to do – if you prefer to make your remarks at the end and not at the beginning of the trial, tell the court that you will. If you attach additional evidence to written submissions, be sure to indicate the extent to which that evidence is relevant. Keep your submissions short.
Say only what you need to get your message across clearly. Make sure your submissions include ACAT`s file number, the names of the parties and your name. You must also sign and date your submissions. You must send your comments to ACAT and to the other party(ies) before the deadline indicated in the instructions given in your case. However, it`s important to respond to your customers` instructions, be consistent with them, and agree with what they identify as the issues most important to them. For example, if the client denies having a disease or needs treatment, you should make it clear at the outset that your client argues that none of the criteria are met, but you can say that your legal arguments will focus on one or more specific criteria. Whether oral or written presentations, it`s a good idea: Below, you will learn how to write/structure the written submission (see example below to learn more about the structure) Make eye contact with tribunal members when making submissions and be sure to get their attention. Give them time to finish writing their notes before moving on to the next point. 2.9. YOUR LORDSHIP, the law on evidence [CAP 6 R.E.2002] is clear as to the burden of proof.
Article 110(2) provides that any person who wishes a court to rule on a legal right or liability which depends on the existence of facts relied on must prove the existence of those facts. The applicant claimed, in paragraph 6 of the application, that the …… Day of ………….. 200 the first and second defendants with the supply of the ………………. As an indication, ACAT has a template for submissions [DOC 25KB]. Written submissions are rarely submitted to the court, except in complex cases.