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The Australian Government Solicitor

Sir Harry Gibbs Constitutional Law Moot 2026

10th to 12th October

Guidance, FAQs & Resources

The ANU Law Students' Society, in conjunction with the Australian Association of Constitutional Law, is proud to host the 2026 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 2026 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.

2026 Problem

After suffering a serious foot injury at her New South Wales school, Cathy Free underwent surgery at Sydney Private Hospital.

Years later, after moving to Victoria, complications from the injury led to the amputation of her foot.

Cathy has commenced negligence proceedings in the Supreme Court of Victoria against both New South Wales and the hospital. New South Wales, however, submits the Victorian court cannot hear the claim against it without its consent.

The dispute therefore turns on whether the case falls within federal jurisdiction under s 75(iv) of the Constitution and, if so, whether s 58 of the Judiciary Act 1903 (Cth) prevents the Victorian Supreme Court from exercising that jurisdiction.

This years problem was drafted by the Hon. Justice Kristen Walker AM KC, a judge of the Victorian Court of Appeal and a former Solicitor General of Victoria.

Sir Harry Gibbs Constitutional Law Moot Problem 2026

The Hon Justice Kristen Walker AM KC is a judge of the Court of Appeal of the Supreme Court of Victoria and a former Solicitor-General of Victoria. After studying science and law at the University of Melbourne, Justice Walker was admitted to practice in 1993 and served as associate to Chief Justice Sir Anthony Mason of the High Court of Australia. She later completed postgraduate study at the University of Melbourne and Columbia Law School and worked as an academic in Australia and the United States, teaching and publishing in constitutional, international and human rights law.

Justice Walker joined the Victorian Bar in 2004 and was appointed Queen’s Counsel in 2014. She served as Solicitor-General of Victoria from 2017 until her appointment to the Court of Appeal in May 2021. In the 2026 Australia Day Honours, she was appointed a Member of the Order of Australia for significant service to the judiciary and the law.

The Hon. Justice Kristen Walker AC KC

Competition Schedule & Rules

Tuesday 1 September

12:00pm - Problem Release

Sunday 13 September

11:59pm - Clarifications due to submissions@gibbsanu.com

Saturday 3rd October

11:59pm - Submissions due to submissions@gibbsanu.com

Sunday 4 October

12pm - Opposing counsel submissions release

Friday 9th October

5:00 pm - Competitor Induction, Online, https://meet.google.com/ujy-whfa-foh

6:00 pm - Welcome Drinks & Opening Ceremony, Badger&Co, Health & Well-being Centre, 156-11, Joplin Lane, Kambri Precinct

Saturday 10th October

10am - 12am - Preliminary Round 1, Building 6A, ANU College of Law, 5 Fellows Rd, Acton

4pm - 6pm - Preliminary Round 2

Sunday 11th October

9am - 11am - Preliminary Round 3, Building 6A, ANU College of Law, 5 Fellows Rd, Acton

1pm - 3pm - Preliminary Round 4

6:30pm - 8:30pm - Quarter Finals

Monday 12th October

10am - 12pm - Semi Finals - Building 6A, ANU College of Law, 5 Fellows Rd, Acton

5pm - 7pm - Grand Finals - High Court of Australia

7:30pm - Gala Dinner - Gandel Hall, National Gallery of Australia, 30 Parkes Place East, Parkes

Competition Rules

News & Updates

Correction of Parties - 09.09.26

Due to a last-minute change in the framing of the problem question, the Plaintiff and Defendant were incorrectly identified in the final file.

The problem has now been re-issued at gibbsanu.com.

There have been no substantive changes to the problem question. The only change is the correction of the parties. Accordingly, you simply need to switch the designation of the Plaintiff and Defendant in your submissions.

We apologise for any confusion this may have caused, and please do not hesitate to reach out to the Convenor if you have any questions or concerns.

Clarification Deadline Extended - 06.09.26

Reflecting on how busy this time of year can be, we have extended the deadline for clarification questions to Sunday, 13 September at 11:59 pm. This has been published on our website.

Please send any clarification questions to submissions@gibbsanu.com.

Helpful Resources

To assist you in preparing your written submissions, we have uploaded last year's winning submissions from the University of Melbourne (Plaintiff) and the Australian National University (Defendant) on our Guidance, FAQs & Resources page.

You can also download a template for your written submissions from that page.

Previous Editions of the Gibbs Moot

2025’ Edition

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.

The Moot was hosted by the ANU Law Students’ Society.

The University of Queensland (Leon Natus, Bianca Leathers, Charlie Hoare, Advitya Arora, William Simmons [Coach]) won the Grand Final.

2024’ Edition

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.

Have a query?

convenor@gibbsanu.com

Guidance, FAQs & Resources