who shoots first?

[Cyrien]

I see what you are saying, but it still seems weird to me for the fleet coming through the warp point to be able to be organized and open fire immediately while the fleet that already came through the warp point is sitting around trying to figure out what they are doing.

I consider it a state of mind type thing. If it is all happening on the same turn and one just warped through and the other follows right behind seems like a pursuit type setting to me. In that case it isn't too far fetched to consider that the defender may be a little paniced and disorganized while the pursuer is more set for the attack.

I guess it is just a matter of how you percieve the setting.