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Michael Kirby: Paradoxes and Principles
The remarkable story of the life and work of Australia's most famous modern judge.
This biography charts Michael Kirby's extraordinary public life from his first forays as a student politician in the early 1960s, to his appointments as foundation chairman of the Australian Law Reform Commission in 1975, President of the NSW Court of Appeal in 1984, and Justice of the High Court of Australia (1996-2009).
Internationally, Kirby has been a leader in law reform and human rights with the OECD, UNESCO, UN Human Rights Commission and the WHO Global Program on AIDS. He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.
A J Brown reveals Kirby's difficult and often challenging personal path as judge, public intellectual and gay man. He shows the sharp contrast between Kirby's 30-year love affair with controversial public issues and the reality of a man whose underlying message is deeply traditionalist, that people should have faith in the status quo of political institutions, even the monarchy.
He shows also how Kirby's most constant companion, publicity, has been a double-edged sword. Behind his active courtship of an unprecedented judicial profile lay a passion for principles and the social relevance of the law, but it drove him into fierce conflict with the many judges and politicians who questioned whether such celebrity was compatible with judicial life.
The slow coming together of his personal, professional and public lives culminates in sharp moments of truth, for Kirby, for powerful institutions, and for a society learning to cope with the challenges of change.
The research has included:
Exclusive access to over 117 metres of personal and official papers, dating back to the 1940s
Interviews with more than 30 of Michael Kirby's closest relatives and colleagues
Independent research into how falsified records came to be used in Parliament in a direct attack on a High Court judge, and
Unprecedented access to the working materials of a High Court judge, including draft judgments and papers normally shredded within judicial chambers.
This biography charts Michael Kirby's extraordinary public life from his first forays as a student politician in the early 1960s, to his appointments as foundation chairman of the Australian Law Reform Commission in 1975, President of the NSW Court of Appeal in 1984, and Justice of the High Court of Australia (1996-2009).
Internationally, Kirby has been a leader in law reform and human rights with the OECD, UNESCO, UN Human Rights Commission and the WHO Global Program on AIDS. He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.
A J Brown reveals Kirby's difficult and often challenging personal path as judge, public intellectual and gay man. He shows the sharp contrast between Kirby's 30-year love affair with controversial public issues and the reality of a man whose underlying message is deeply traditionalist, that people should have faith in the status quo of political institutions, even the monarchy.
He shows also how Kirby's most constant companion, publicity, has been a double-edged sword. Behind his active courtship of an unprecedented judicial profile lay a passion for principles and the social relevance of the law, but it drove him into fierce conflict with the many judges and politicians who questioned whether such celebrity was compatible with judicial life.
The slow coming together of his personal, professional and public lives culminates in sharp moments of truth, for Kirby, for powerful institutions, and for a society learning to cope with the challenges of change.
The research has included:
Exclusive access to over 117 metres of personal and official papers, dating back to the 1940s
Interviews with more than 30 of Michael Kirby's closest relatives and colleagues
Independent research into how falsified records came to be used in Parliament in a direct attack on a High Court judge, and
Unprecedented access to the working materials of a High Court judge, including draft judgments and papers normally shredded within judicial chambers.
- GenresLawNonfictionLegal
528 pages, Hardcover
First published April 5, 2011
9 people are currently reading
91 people want to read
About the author
A.J. Brown
8 books2 followersA. J. Brown holds law and politics degrees from the University of New South Wales, a graduate diploma in legal practice from the Australian National University, and a PhD from Griffith University. He is admitted as a barrister in Queensland and a barrister and solicitor in Australia’s federal courts.
Since 2003, Professor Brown has worked at Griffith University, researching and teaching in public accountability, public policy and public law.
Since 2003, Professor Brown has worked at Griffith University, researching and teaching in public accountability, public policy and public law.
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Displaying 1 - 11 of 11 reviews
July 29, 2011
‘Words were good. Actions were even better.’
Michael Donald Kirby, AC, CMG, (born 18 March 1939) is a retired Australian judge, jurist and academic. Michael Kirby was a former Justice of the High Court of Australia, serving from 1996 to 2009.
Professor Brown commenced his research for this book in 2003, while Michael Kirby was still sitting on the High Court -he had access to over 117 metres of personal and official records and also conducted interviews with 30 of Michael Kirby’s closest relatives and colleagues. Professor Brown also had access to the working materials of a High Court judge, including draft judgments and papers.
From this information, Professor Brown has provided an interesting and detailed view of a very public figure.
Michael Kirby attended Fort Street High School in Sydney. He received his Bachelor of Arts (1959), Bachelor of Laws (1962), Bachelor of Economics (1965) and Master of Laws (First Class Honours) (1967) from the University of Sydney. At Sydney University, he was elected President of the Students' Representative Council (1962–1963) and President of the Sydney University Union (1965).
Michael Kirby was admitted to the New South Wales Bar in 1967. His first quasi-judicial appointment was to the Australian Conciliation and Arbitration Commission, a tribunal which adjudicated labour disputes, upon which he served as a Deputy President from 1975 until 1983. From 1983 to 1984, he was a judge in the Federal Court of Australia, before being appointed President of the New South Wales Court of Appeal. He was appointed to the High Court of Australia in February 1996.
Michael Kirby was appointed a Companion of the Order of St Michael and St George (CMG) in 1982, for his services to law. He was made a Companion of the Order of Australia (AC) in 1991 and in the same year was awarded the Human Rights Medal. From 1984 until 1993, Michael Kirby was the Chancellor at Macquarie University.
Internationally, Kirby has been a leader in law reform and human rights with the OECD, UNESCO, UN Human Rights Commission and the WHO Global Program on AIDS. He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.
These are impressive accomplishments, by any standard, but there is more to Michael Kirby than a lifetime of public achievement. He has lived with his partner Johan van Vloten since 1969: their relationship was not publicly acknowledged until 1999. Michael Kirby has had his own battles for recognition of equality and also, whilst on the High Court, was subjected to personal attack by Senator Bill Heffernan who abused parliamentary privilege to accuse Michael Kirby of using Commonwealth cars to pick up young male prostitutes. For me, one of the most satisfying parts of the book was where Professor Brown demonstrated that the documents on which this attack was based were concocted and worthless.
I heard Michael Kirby interviewed just after the book was released (in April 2011) and it was the warmth of his public persona that led me to read the book. The man I heard interviewed was utterly congruent with this thought:
‘He [Michael Kirby] wanted his successors to remember that behind every decision lay a real human being.’
I think that there are a couple of different audiences for this book. Those with an interest in law and public administration, especially those with an interest in the inner workings of the High Court, will find this an absorbing read. Those with an interest in the man who is probably Australia’s best known judge will find this detailed account of his life provides some interesting insights. Michael Kirby has not been afraid of confronting controversial public issues but he seems to have great faith in traditional institutions. Professor Brown sees Michael Kirby as a more conservative character than his public persona suggests, and while this is consistent with his portrayal of Michael Kirby I wonder if others would see him differently. Conservatism is always relative, consistency is generally important.
Jennifer Cameron-Smith
Michael Donald Kirby, AC, CMG, (born 18 March 1939) is a retired Australian judge, jurist and academic. Michael Kirby was a former Justice of the High Court of Australia, serving from 1996 to 2009.
Professor Brown commenced his research for this book in 2003, while Michael Kirby was still sitting on the High Court -he had access to over 117 metres of personal and official records and also conducted interviews with 30 of Michael Kirby’s closest relatives and colleagues. Professor Brown also had access to the working materials of a High Court judge, including draft judgments and papers.
From this information, Professor Brown has provided an interesting and detailed view of a very public figure.
Michael Kirby attended Fort Street High School in Sydney. He received his Bachelor of Arts (1959), Bachelor of Laws (1962), Bachelor of Economics (1965) and Master of Laws (First Class Honours) (1967) from the University of Sydney. At Sydney University, he was elected President of the Students' Representative Council (1962–1963) and President of the Sydney University Union (1965).
Michael Kirby was admitted to the New South Wales Bar in 1967. His first quasi-judicial appointment was to the Australian Conciliation and Arbitration Commission, a tribunal which adjudicated labour disputes, upon which he served as a Deputy President from 1975 until 1983. From 1983 to 1984, he was a judge in the Federal Court of Australia, before being appointed President of the New South Wales Court of Appeal. He was appointed to the High Court of Australia in February 1996.
Michael Kirby was appointed a Companion of the Order of St Michael and St George (CMG) in 1982, for his services to law. He was made a Companion of the Order of Australia (AC) in 1991 and in the same year was awarded the Human Rights Medal. From 1984 until 1993, Michael Kirby was the Chancellor at Macquarie University.
Internationally, Kirby has been a leader in law reform and human rights with the OECD, UNESCO, UN Human Rights Commission and the WHO Global Program on AIDS. He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.
These are impressive accomplishments, by any standard, but there is more to Michael Kirby than a lifetime of public achievement. He has lived with his partner Johan van Vloten since 1969: their relationship was not publicly acknowledged until 1999. Michael Kirby has had his own battles for recognition of equality and also, whilst on the High Court, was subjected to personal attack by Senator Bill Heffernan who abused parliamentary privilege to accuse Michael Kirby of using Commonwealth cars to pick up young male prostitutes. For me, one of the most satisfying parts of the book was where Professor Brown demonstrated that the documents on which this attack was based were concocted and worthless.
I heard Michael Kirby interviewed just after the book was released (in April 2011) and it was the warmth of his public persona that led me to read the book. The man I heard interviewed was utterly congruent with this thought:
‘He [Michael Kirby] wanted his successors to remember that behind every decision lay a real human being.’
I think that there are a couple of different audiences for this book. Those with an interest in law and public administration, especially those with an interest in the inner workings of the High Court, will find this an absorbing read. Those with an interest in the man who is probably Australia’s best known judge will find this detailed account of his life provides some interesting insights. Michael Kirby has not been afraid of confronting controversial public issues but he seems to have great faith in traditional institutions. Professor Brown sees Michael Kirby as a more conservative character than his public persona suggests, and while this is consistent with his portrayal of Michael Kirby I wonder if others would see him differently. Conservatism is always relative, consistency is generally important.
Jennifer Cameron-Smith
October 29, 2011
Michael Kirby, Australia’s most famous judge, is a polarising figure.
Some see him as an incorrigible radical: the ‘Great Dissenter’, who prosecuted his leftist agenda from the safety of the High Court, with little regard for the integrity or compromise necessary in the law. Others see a failed revolutionary: a man whose somewhat conservative judgments never quite lived up to his subversive public image. Still others see him as a moral anchor, a beacon of empathy and justice in a bureaucratic, inhumane legal system.
It is a tribute to Alexander J. Brown that his recent biography presents all these angles on Kirby with respect and understanding. Brown has produced an exceptional book, which digests an intimidating volume of information and research into a clear, detailed account of Kirby’s life and career, which manages to be both scholarly and engaging.
Brown’s central argument is that Kirby is simultaneously a conservative and a radical. Brown points to many instances where his words and actions diverge, but ultimately argues that both facets of Kirby’s personality stem from the naive optimism with which he supported his positions.
As well as a subtle examination of Kirby’s character and philosophy, Brown provides some surprising contextual information. It is easy to see modern Australian society as reasonably non-discriminatory, but NSW didn’t decriminalise homosexuality until 1984, and public figures continued to make extremely offensive homophobic comments for years afterwards.
Brown paints a very dark picture of the Howard government, including its stonewalling on gay rights, refusal to grant judicial pensions to same-sex partners, and creation of an atmosphere in which homophobic invective was largely permitted. However, Brown reserves his strongest criticisms for the handling of the Comcar affair, in which Bill Heffernan accused Kirby of using government vehicles to procure boys for sex.
The High Court itself comes across as a surprisingly politicised and somewhat dysfunctional institution. Justices engage in petty, egocentric arguments over procedure, jab at one other in their judgments, and generally seem disengaged from the world at large: in Justice McHugh’s words, ‘a group of gladiators emerging every now and then from their castles’.
Some readers might feel that on occasion Brown gives too much detail – as in the chapter dealing with the Comcar scandal, which feels somewhat stylistically separate from the rest of the book, or the discussion of judicial theory, which at times overwhelms readers with technical arguments and fine distinctions, but elsewhere he finds an easy balance between being readable and authoritative. Indeed, when it comes to boiling complicated High Court cases down to layman’s terms, Brown succeeds spectacularly. (This alone might make the book worth reading for students of constitutional law.)
Conversely, I couldn’t help wishing for a little more of Johan’s perspective on the difficulty of hiding their relationship for thirty years, but although Brown strikes a balance between the personal and professional, he ultimately focusses – as he must – upon Kirby’s judicial and public work. The difficulties Johan and Kirby encountered dealing with social prejudices will no doubt prove fruitful ground for future biographers.
Brown’s prose is lucid and elegant, making this biography genuinely pleasurable to read. He includes a comprehensive and well organised index, and an exhaustive bibliography. While this is only the first of what is likely to be many biographies – indeed, at the time of writing, a volume of Kirby’s own memoirs had just been released – Brown’s tour de force will stand among the best for a long time to come.
Some see him as an incorrigible radical: the ‘Great Dissenter’, who prosecuted his leftist agenda from the safety of the High Court, with little regard for the integrity or compromise necessary in the law. Others see a failed revolutionary: a man whose somewhat conservative judgments never quite lived up to his subversive public image. Still others see him as a moral anchor, a beacon of empathy and justice in a bureaucratic, inhumane legal system.
It is a tribute to Alexander J. Brown that his recent biography presents all these angles on Kirby with respect and understanding. Brown has produced an exceptional book, which digests an intimidating volume of information and research into a clear, detailed account of Kirby’s life and career, which manages to be both scholarly and engaging.
Brown’s central argument is that Kirby is simultaneously a conservative and a radical. Brown points to many instances where his words and actions diverge, but ultimately argues that both facets of Kirby’s personality stem from the naive optimism with which he supported his positions.
As well as a subtle examination of Kirby’s character and philosophy, Brown provides some surprising contextual information. It is easy to see modern Australian society as reasonably non-discriminatory, but NSW didn’t decriminalise homosexuality until 1984, and public figures continued to make extremely offensive homophobic comments for years afterwards.
Brown paints a very dark picture of the Howard government, including its stonewalling on gay rights, refusal to grant judicial pensions to same-sex partners, and creation of an atmosphere in which homophobic invective was largely permitted. However, Brown reserves his strongest criticisms for the handling of the Comcar affair, in which Bill Heffernan accused Kirby of using government vehicles to procure boys for sex.
The High Court itself comes across as a surprisingly politicised and somewhat dysfunctional institution. Justices engage in petty, egocentric arguments over procedure, jab at one other in their judgments, and generally seem disengaged from the world at large: in Justice McHugh’s words, ‘a group of gladiators emerging every now and then from their castles’.
Some readers might feel that on occasion Brown gives too much detail – as in the chapter dealing with the Comcar scandal, which feels somewhat stylistically separate from the rest of the book, or the discussion of judicial theory, which at times overwhelms readers with technical arguments and fine distinctions, but elsewhere he finds an easy balance between being readable and authoritative. Indeed, when it comes to boiling complicated High Court cases down to layman’s terms, Brown succeeds spectacularly. (This alone might make the book worth reading for students of constitutional law.)
Conversely, I couldn’t help wishing for a little more of Johan’s perspective on the difficulty of hiding their relationship for thirty years, but although Brown strikes a balance between the personal and professional, he ultimately focusses – as he must – upon Kirby’s judicial and public work. The difficulties Johan and Kirby encountered dealing with social prejudices will no doubt prove fruitful ground for future biographers.
Brown’s prose is lucid and elegant, making this biography genuinely pleasurable to read. He includes a comprehensive and well organised index, and an exhaustive bibliography. While this is only the first of what is likely to be many biographies – indeed, at the time of writing, a volume of Kirby’s own memoirs had just been released – Brown’s tour de force will stand among the best for a long time to come.
October 23, 2013
One of few law-themed books written by a lawyer that is actually easy and pleasant reading.
During university I couldn't quite understand why Kirby J (Judges' salutations are always written with J or CJ- Chief Justice- proceeding the name) seemed always in dissent. This book gives a good explanation of Michael Kirby's values and life path that led him to think the way that he did, reflecting itself in his judgments. At his low (or high, depending on how you view it), Kirby dissented in 48% of High Court cases, in 2007.
One issue takes up quite a bit of space in the book, but is an interesting issue that Michael fought with for quite a few years. The Judges' Pensioners' Act which provided pensions to widows and widowers but only of the opposite gender. This excluded Michael's life partner Jan, who had been his partner for over half his life. This discrimination was so despite de facto relationships already being recognised under the common law, and other statutes affording de facto pensions regardless of gender or marital status.
The petty homophobia within bureaucracy, in truth the Liberal Party, illuminates itself through the dogged refusal of the Howard government to amend the Judges' Pensions Act to allow MIchael's relationship to enjoy the same rights as other same-sex couples in other professions. It did so through temporising, ignoring, and finally refusing. This was the Liberal Party's reward for the scurrilous, unfounded accusations fostered against Michael under Howard's tutelage that tried to fraudulently deseat a High Court judge from office. That the Highest Court was one of the last organisations to extend superannuation equality to its highest staff speaks volumes of how inept the highest court can be in practicing what it preaches, the pursuit of justice.
Michael's faith in optimism that the world is in some kind of Heglian progress towards progress and universality is what keeps him going in spite of the numerous challenges and discrimination he faced during his life. Had he died before retirement, or Kevin Rudd not won the election in 2007, then his partner would never have received a widower's pension. Only months before Michael's retirement was a Labor party installed, which swiftly and rather admirably passed through a whole series of legislation abolishing discriminatory rules that victimised even the nation's second-highest judge. But such musings don't seem to bother Michael, as he was right in the end. But not everybody could share the same strength of optimism as that.
During university I couldn't quite understand why Kirby J (Judges' salutations are always written with J or CJ- Chief Justice- proceeding the name) seemed always in dissent. This book gives a good explanation of Michael Kirby's values and life path that led him to think the way that he did, reflecting itself in his judgments. At his low (or high, depending on how you view it), Kirby dissented in 48% of High Court cases, in 2007.
One issue takes up quite a bit of space in the book, but is an interesting issue that Michael fought with for quite a few years. The Judges' Pensioners' Act which provided pensions to widows and widowers but only of the opposite gender. This excluded Michael's life partner Jan, who had been his partner for over half his life. This discrimination was so despite de facto relationships already being recognised under the common law, and other statutes affording de facto pensions regardless of gender or marital status.
The petty homophobia within bureaucracy, in truth the Liberal Party, illuminates itself through the dogged refusal of the Howard government to amend the Judges' Pensions Act to allow MIchael's relationship to enjoy the same rights as other same-sex couples in other professions. It did so through temporising, ignoring, and finally refusing. This was the Liberal Party's reward for the scurrilous, unfounded accusations fostered against Michael under Howard's tutelage that tried to fraudulently deseat a High Court judge from office. That the Highest Court was one of the last organisations to extend superannuation equality to its highest staff speaks volumes of how inept the highest court can be in practicing what it preaches, the pursuit of justice.
Michael's faith in optimism that the world is in some kind of Heglian progress towards progress and universality is what keeps him going in spite of the numerous challenges and discrimination he faced during his life. Had he died before retirement, or Kevin Rudd not won the election in 2007, then his partner would never have received a widower's pension. Only months before Michael's retirement was a Labor party installed, which swiftly and rather admirably passed through a whole series of legislation abolishing discriminatory rules that victimised even the nation's second-highest judge. But such musings don't seem to bother Michael, as he was right in the end. But not everybody could share the same strength of optimism as that.
April 2, 2013
Michael Kirby is a fascinating character, lauded in his judicial roles for his approachable and engaging writing, and an ability to blend a much needed humanity with the often stark and technical letter of the law. It's fitting that a biography about him should display these same qualities.
Kirby has stood out for over three decades as a leading, and sometimes controversial figure, both in Australia and Internationally, contributing to discourse on a range of issues from debating the nature of the judicial system and roles of international and human rights law, to paving a way forward on issues of bioethics and information technology. Sometimes, issues he's become involved with have hit close to home, including the struggle against homosexual discrimination and raising awareness of HIV/AIDS.
Kirby has often appeared paradoxical; a figure both praised and criticised for breaking with convention, yet someone who deeply values tradition and old institutions, even when they betray him. A.J. Brown effortlessly weaves through the many facets of Kirby's life, making sense of the paradoxes and shedding light on the ideas and beliefs of someone regarded as among the finest contemporary intellectuals in Australia.
But while the emphasis of the book is on Kirby, its value does not end there. In charting the course of Kirby's life through national and international engagements, Brown shares valuable observations on government, international affairs and the judicial system. In particular, his insights into the behind the scenes politics and personalities of the High Court are of value.
Well written and well researched, this is a valuable volume on a significant Australian and the institutions and issues he has been involved in. Definitely worth a read.
Kirby has stood out for over three decades as a leading, and sometimes controversial figure, both in Australia and Internationally, contributing to discourse on a range of issues from debating the nature of the judicial system and roles of international and human rights law, to paving a way forward on issues of bioethics and information technology. Sometimes, issues he's become involved with have hit close to home, including the struggle against homosexual discrimination and raising awareness of HIV/AIDS.
Kirby has often appeared paradoxical; a figure both praised and criticised for breaking with convention, yet someone who deeply values tradition and old institutions, even when they betray him. A.J. Brown effortlessly weaves through the many facets of Kirby's life, making sense of the paradoxes and shedding light on the ideas and beliefs of someone regarded as among the finest contemporary intellectuals in Australia.
But while the emphasis of the book is on Kirby, its value does not end there. In charting the course of Kirby's life through national and international engagements, Brown shares valuable observations on government, international affairs and the judicial system. In particular, his insights into the behind the scenes politics and personalities of the High Court are of value.
Well written and well researched, this is a valuable volume on a significant Australian and the institutions and issues he has been involved in. Definitely worth a read.
April 24, 2013
A comprehensive tomb dedicated to the work or Michael Kirby. Whilst the author explores Kirby's upbringing, education and long-term relationship with Johann, the majority of the book is dedicated to Kirby's career. A bit of a dry read for someone who is not specifically interested in law - but very interesting to see the influence that Kirby made on both the legal system and the enacting of laws in Australia. An interesting read from an accomplished man, who might be considered both a conservative and a radical.
July 21, 2016
I have mixed feelings about this book.
Certainly, there were sections where I was utterly capitivated and on the edge of my seat. However, there are times where it seems as though the author is merely retelling Kirby's achievements, which while impressive, do not make a particularly engaging read.
One thing I was impressed by, was the way that Brown shows Kirby's political views. He didn't oversimply them, which seems to be the common trend in most media.
Certainly, there were sections where I was utterly capitivated and on the edge of my seat. However, there are times where it seems as though the author is merely retelling Kirby's achievements, which while impressive, do not make a particularly engaging read.
One thing I was impressed by, was the way that Brown shows Kirby's political views. He didn't oversimply them, which seems to be the common trend in most media.
September 10, 2016
Being a young lawyer and having just moved to Sydney , where Kirby comes from, I really enjoyed this book. He has had (and is still having) an amazing life and it's interesting to see the twists and turns that he had to go through to get there. His ability to rationalise and contribute even in the face of irrational positions is amazing.
June 6, 2011
I found this an inspiring biography of an Australian the world can be proud of. A true humanitarian whose aim in life is to help those the world discriminates against. A.J. Brown has put together an amazing amount of research in a book that is very readable.
November 15, 2011
Biography of Michael Kirby, former High Court Judge.
November 5, 2011
An excellent book on the life and career of Michael Kirby. A little long winded at times, but ultimately a thoroughly interesting and enjoyable read.
August 25, 2012
Justice Kirby is one of my heros. It always takes me a while to get through biographies though, so taking it slowly but loving every minute of it.
Displaying 1 - 11 of 11 reviews