Michael Kirby
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This article is about Australian High Court judge Michael Kirby. For the article on the Canadian Senator of the same name see Michael J. L. Kirby
Michael Kirby (1939- ) AC CMG is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy.
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Education
Kirby attended Fort Street High School in Sydney, and received LLM, BA and BEc from the University of Sydney.
Working life
Kirby was admitted to the New South Wales Bar (earned the right to practice as a barrister) in 1967. His first quasi-judicial appointment was the Australian Conciliation and Arbitration Commission, a body that adjudicates labour disputes, in 1975.
From 1983 to 1984, he was a judge in the Federal Court of Australia and the youngest person ever appointed as a Federal judge, before an appointment as President of the New South Wales Court of Appeal, the highest court in that state's legal system. He was appointed to the High Court of Australia in February 1996.
He has served on many other boards and committees, notably the Australian Law Reform Commission and the CSIRO. He is Patron of the Friends of Libraries Australia (FOLA).
Honours
He received Australia's highest civil honour when he was made a Companion of the Order of Australia (AC) in 1991. He is also a Companion of the Order of St Michael and St George (CMG).
Social activism
Kirby publicly supported the "no" case in a prominent role with Australians for a Constitutional Monarchy in the 1999 Republican referendum - see republicanism in Australia for more information - a position perhaps superficially at odds with his "progressive" views on many other issues.
Recently (November 2003), Kirby sparked a debate in the media as to whether judges have the right to interpret the law, or simply follow it to the letter and possibly away from its original intention. The arguments fall into 2 camps: those who believe that interpretation of the law is a matter for parliament (who request judges like Kirby go get themselves elected), and those who believe that interpretation of the law is the hallmark of living society. Whichever side people choose to take, it is plain that Justice Kirby is adept at stimulating popular debate, and that this contributes toward a living democracy.
Kirby is regarded as an eloquent and powerful orator, having given a vast quantity of speeches over his career on a diverse range of topics.
Homosexuality
Kirby is open about his homosexuality, having outed himself by mentioning his long-time male partner Johan van Vloten in Australia's Who's Who. He has on occasion spoken publicly about his views on the recognition of homosexual partnerships.
This openness has on occasion drawn criticism. Kirby's Who's Who entry indicates that his relationship with van Vloten began well before 1984, when homosexuality was legalised in New South Wales. His critics have queried whether a man who (apparently) disobeyed the law as it then existed should be serving as a judge; this criticism has been somewhat dampened by a widespread modern-day belief that the law of the time was in the wrong.
One of Kirby's best-known critics is Liberal senator Bill Heffernan. In 2002, Heffernan used parliamentary privilege to accuse Kirby of trawling for rent boys. However, the evidence Heffernan produced to support this claim was swiftly discovered to be a forgery; the incident is discussed in more detail at Bill Heffernan. Kirby's response was remarkable for its moderation and his willingness to let the facts speak for themselves.