Checklist: Heads of argument structure

Headings Check

Introduction
□
This is a brief statement of the nature of the case.

Factual background
□
A short statement of what led to the dispute, providing the background. It
should include mostly undisputed facts. Where you refer to a disputed fact,
mention it.

Issues
□
Set out precisely and briefly what the issues are for determination.

Roadmap
□
State the structure of the heads of argument and where each material
aspect is dealt with.

How the court should decide

□
Refer to each issue and tell the court how you want the issue to be
decided.

Main points
□
Set out, in short separate numbered paragraphs, the main points you will
rely on. You are required to state the points and not present argument.

Argument point by point

□
Divide your numbered paragraphs according to each main point stated
above. You may use each point to provide a heading or sub-heading. Now
take each point and justify your submissions with reference to the facts
and the law. Reference the evidence and make submissions of fact. Assist
the judge to make a finding of fact that favours your version of what
actually happened. You may also refer to the supporting legal authorities.

Refute your opponent

□
Refute your opponent’s case with reference to the evidence and the law.
Conclusion
□
The result that you want.

Remedy
□
Assist the judge or magistrate with an appropriate remedy. Sometimes, all
you want is for your opponent’s case to be “dismissed with costs”.

Costs
□
Where you have to deal with a possible punitive order as to costs, this is
where you deal with it. Any cost order outside of the usual order must be
specifically requested and there has to be proper motivation for the desired
order.