Kirby bows out but rejects "Great Dissenter" tag. (1 Viewer)

[poloktim]

THE media dubbed him the "Great Dissenter", but Michael Kirby always hated the label.
"A completely false image, when you look at the overall of my judicial work," Justice Kirby said today, after farewelling the High Court after 13 years on the bench.

Nevertheless, when Justice Kirby returned to the court an hour later to deliver his final judgment - on an Aboriginal land rights case - his was the sole dissenting voice.

His six colleagues dismissed a challenge against the Northern Territory intervention brought by top end traditional owners - he argued it should have gone to trial.

Earlier, hundreds packed into the court's main courtroom for Justice Kirby's farewell speech, in which he paid tribute to his family, friends, colleagues and partner of 40 years, Johan van Vloten.

"Tonight at midnight I will put away this black robe," he said.

"I will shed the title of `Justice' that I have carried as a reminder of my vocation these past three decades.

"I will return to the title of a citizen - `Mister'.

"There is no prouder boast in the world than to be a citizen of Australia."

Speaking to the media afterwards, Justice Kirby was tight-lipped about his future.

"Something will turn up," he said.

"I think the best years of Michael Kirby lie ahead, they're not in the past."

Asked how he felt to be a "gay icon", Justice Kirby said many Australians still found it hard to be open about their sexuality because they feared discrimination and stigmatisation.

"We have got to try to make it change," he said.

"I hope that in a little way what Johan and I have done is helped to change it."

Justice Kirby's father Donald, who turns 93 later this month, said he became convinced his son was destined for greatness when he drew up his first will - at age seven.

"From then on I knew something would happen," he said.

"I'm extremely proud, his mother would have been proud too.

"He worked hard to get to this point, all his life."

Federal Attorney-General Robert McClelland told Justice Kirby he would hold a special place in the history of the High Court.

"You have for many years carried an enormous workload with devotion and integrity," Mr McClelland said.

"You will be greatly missed from the bench but welcomed in whatever area you choose to follow."

Justice Kirby was also praised for his empathy and his commitment to human rights.

He will be replaced by the NSW Supreme Court's Virginia Bell, who will be sworn in tomorrow.

Kirby bows out but rejects "Great Dissenter" tag | National Breaking News | News.com.au

Was he the Great Dissenter? Discuss.

 

[Trefoil]

Shame he's leaving.

 

[supercalamari]

Kirby is an inspirational man. I think the mandatory retirement at 70 thing shouldn't apply to him, but that would be unfair to other judges I guess. He was just honest, not a dissenter.

 

[Raven3333]

Who cares he is still a dirty faggot.



There goes my rep.

 

[incentivation]

I'm not sure it was really dissent. He just tended to make judgements in accordance with his views.

 

[supercalamari]

Who cares he is still a dirty faggot.



There goes my rep.

who cares about a nasty homophobe either? pfft.

 

[rasengan90]

I got scared there for a second. I thought Shigeru Miyamoto had decided to stop making Kirby games. Close one.

 

[shsshs]

I'm not sure it was really dissent. He just tended to make judgements in accordance with his views.

and in doing so he represented the minority judgment in a huge amount of cases - thus the dissent. The number of Constitutional and Admin law cases that have been decided 4:1 and 6:1 with Kirby dissenting..

Shame to see him go.