The Australian Government Solicitor

Sir Harry Gibbs Constitutional Law Moot 2025

10th to 13th October

The ANU Law Students' Society, in conjunction with the Australian Association of Constitutional Law, is proud to host the 2025 Sir Harry Gibbs Constitutional Law Moot, Australia’s leading national constitutional law mooting competition for university students.

Since its inception in 2002, the Gibbs Moot has earned a reputation as a premier forum for aspiring advocates to grapple with complex and often topical questions of constitutional law.

Each year, the competition challenges participants to prepare written and oral submissions on a hypothetical case grounded in live constitutional issues. Many moot problems have been crafted by current and former High Court Justices and Solicitors-General, ensuring the moot’s continued rigour and relevance. This year, the current Solicitor General, Dr Stephen Donaghue KC, has once again kindly agreed to draft the problem question.

Named in honour of Sir Harry Talbot Gibbs GCMG AC KBE QC, who served as a Justice of the High Court of Australia from 1970 and as Chief Justice from 1981 to 1987, the moot continues to celebrate his enduring legacy in Australian constitutional jurisprudence.

A thank you to our sponsor

The ANU Law Students’ Society is proud to partner with the Australian Government Solicitor (AGS) to present the 2025 Sir Harry Gibbs Constitutional Law Moot – Australia’s premier constitutional law competition.

As the Australian Government’s central legal service, AGS is a centre of excellence and expertise in areas of law of importance to the Commonwealth.

AGS lawyers are specialists in constitutional and public law, statutory interpretation and the development, implementation and administration of legislation. As well as providing constitutional advice, AGS acts for the Commonwealth in constitutional litigation and coordinates the conduct of other cases involving constitutional issues.

With offices in every capital city, and a large legal practice that covers some 40 different areas of law related to government, AGS is one of Australia's largest national legal services providers.

Learn more about working at AGS, including the Graduate Program, by visiting the careers page on the AGS website.

We thank AGS for their generous support in making this year’s competition possible.

2025 Problem

In response to tragic drug overdoses at music festivals, Parliament has enacted the Drug Enforcement at Territory Events and Raves Act 2025 (DETER Act), granting police sweeping search powers at Territory music events.

Senator Ronald Swanson - a vocal opponent of the legislation who later became Environment Minister - attended a festival and refused police demands to hand over his phone during a search. After being subjected to a strip search, Senator Swanson walked away from the scene and was subsequently convicted under the Act, though he received only a good behaviour bond.

The Opposition-controlled Senate has declared his seat vacant due to the criminal conviction, but the Government disputes this determination, maintaining Senator Swanson's legitimacy as both Senator and Minister.

Sir Andrew Dwyer has challenged an environmental decision made by Senator Swanson, arguing the Minister lacked valid authority to act.

The High Court must now determine whether the DETER Act violates the separation of powers under Chapter III of the Constitution, whether the Court can review Parliament's own vacancy determinations, and whether Senator Swanson's parliamentary seat truly became vacant.

The problem question was drafted by the Solicitor-General of Australia, Dr Stephen Donaghue KC.

Sir Harry Gibbs Constitutional Law Moot Problem 2025

Clarifications

Key Dates and Competition Rules

Registration Closes

5pm on Wednesday, August 13

Problem Release

8:30am on Monday, 18 August

Written Memoranda Due

5pm on Thursday, 18 September

Competition

Friday, 10th to Monday, 13th October

Please note that the dates of the moot have changed from the previously advertised competition dates of Friday 3rd to Monday 6th October.

Competition Rules

Submissions

Teams written memoranda are due by 5:00pm on Thursday, 18 September.

Please email your submissions to submissions@gibbsanu.com. The title of your document must follow the format:

[Team Number] - Plaintiff/Defendant

For example: [1 - Plaintiff]

If you have not received a confirmation email that we have received your submissions from us by Sunday 21st September at 5pm, please contact our convenor ASAP.

Previous Editions of the Gibbs Moot

Gibbs 2024

The New South Wales Parliament has enacted the War on Waste Act, requiring households to install Methane Monitors in rubbish bins and pay a levy of 10 cents per gram of methane produced by domestic food waste. Logan Roy, a Sydney resident, refuses to comply, resulting in a $3,800 levy and a subsequent $5,000 “Do the Right Thing” notice from the Commonwealth’s Waste Advisory Agency, established under its own federal Act to support compliance. Roy challenges the laws in the High Court, raising two constitutional questions: whether the NSW levy is an invalid duty of excise under s 90, and whether the federal Agency exercises judicial power contrary to Chapter III of the Constitution.

The problem question was drafted by the Solicitor-General of Australia, Dr Stephen Donaghue KC.

The Moot was hosted by Melbourne University and the Melbourne University Law Students’ Society.

The University of Technology Sydney (Grace Strik, Gina Tran, and Ryan Little) won the Grand Final.

2024 Problem