Brief Exchange: Michael Kirby on life, career, and the law

Kirby admits that he knew from a young age that he wanted to be a judge. He describes his journey into a career in law as “fore ordained” and reflects on the importance of having a proper support system. “‘Where you end up is where you begin’ and where you begin is dependent on your parents and your teachers and I did pretty well in the lottery of life…,” he says.

Kirby points out that a career in law is well suited for those who like puzzles. “Law is about solving puzzles and that is what a lawyer, and ultimately, [what] a judge does all their lives,” he says.

He acknowledges the importance of luck in advancing a career in law. Reflecting on his appointment to the High Court, he recalls the Attorney General at the time remarked that his appointment to the Court was ‘inevitable.’  “[I] thought well if it was inevitable, why did it take such a long time?” he jokes.

Reflections on life, career and the importance of ‘activism’

During his time on the High Court, Kirby earned a reputation as the ‘Great Dissenter.’ Kirby reflects on his time on the bench and how as a justice of the highest court, it is important to avoid dispensing “palm tree justice,” he says.

Kirby also reflects on how far technology and legal research has come since his university days in the 1960’s. He believes that use of artificial intelligence (AI) and technology in law is inevitable, but he cautions that care must be taken to ensure that the technology is modified to ensure that it does not repeat mistakes from previous generations.

He acknowledges that with the creation of online search engines and databases like Austlii, law has become more accessible and easier to update, which improves access to justice.

At 86, Kirby has no plans to slow down. He emphasises the importance of working hard and admits that he has worked hard throughout his career. When it comes to his advice for the next generation of legal practitioners, Kirby encourages early career lawyers to be ‘joiners,’ to get involved and join groups like the NSW Young Lawyers and to use their skills to improve the law and to benefit society as a whole.

He believes it is our role as legal practitioners to “work hard to identify those problems, to listen to those who speak of the problems, and to do what we can as a democratic society to improve the problems and remove them,” he says.

Kirby shares his views on the rule of law, whether there is a need for a Human Rights Act in Australia, the importance of staying resilient in life and the causes he is passionate about.

Watch the full episode below.