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Speeches
THE UNIVERSITY OF SYDNEY
FACULTY OF LAW
FUNCTION TO HONOUR THE APPOINTMENT TO THE OFFICE
OF CHIEF JUSTICE OF AUSTRALIA OF
THE HON MURRAY GLEESON AC
LAW SCHOOL ASSEMBLY HALL, SYDNEY
16 JULY 1998
MURRAY GLEESON - LAW STUDENT
The Hon Justice Michael Kirby AC CMG
1
Justice of the High Court of Australia
I hope no-one will accuse me of uncharacteristic immodesty
if I say that the year in which Murray Gleeson and I graduated
together was truly an annus mirabilis of this Law School.
It included four future judges of the Federal Court of the
Australia 2
; four future Supreme Court judges
3 ; two future judges
of the Family Court of Australia
4 ; three future District
Court judges 5
; at least one Local Court magistrate
6 , countless senior
counsel 7
; the deputy head of the Department of Foreign Affairs and
Trade 8
; a Lord Mayor of Sydney 9
, leading businessmen 10
, a beachcomber, two wine experts
11 and, looking on quietly,
a future Prime Minister of Australia (the Hon John Howard
MP).
It must be rare that the three great officers of state are
all graduates of the one faculty of the same university. It
happened in 1975. It is so again today.
History comes in cycles. At the time of our graduation in
1962, of the seven Justices of the High Court, five were graduates
of Sydney Law School - Justices McTiernan, Kitto, Taylor,
Windeyer and Owen. Again, today, five of the six Justices
come from Sydney.
Chief Justice Gleeson, as a youth, before cultivating his
reported recreational interest in raising piranhas (as Justice
Meagher assures us) was a quiet, retiring pious lad given
to prayer and reading the Catholic Weekly. But already
with a strong reputation in debating and for intellectual
prowess. He soon shone in his studies.
In 1959, after our first year at the Law School, he proposed,
and I agreed, that we should share lecture notes and research
together. A bond was forged which we continue today. If it
should appear that I am ever so slightly uncertain in subjects
such as revenue law and company law, I declare that this is
because Murray Gleeson kept from me vital notes on key legal
doctrine. If per chance he should ever be seen to stumble
in his mastery of Australian constitutional law (now uniquely
in his charge) I am sure he will blame me for keeping vital
sections - say on the Engineer's case - from him.
Future researchers of our judicial work will doubtless analyse
our respective mastery of legal topics and trace it to our
division of the spoils of study forty years ago.
The new Chief Justice has often told the tale of his nomination
of me, in my absence, for a position on the Sydney University
Law Society which led on to numerous student offices. It set
in train what he has been pleased to call a juggernaut of
student politics. What he has not owned up to was that this
was a clever device of his to divert me from a single-minded
pursuit of academic excellence into a completely selfless
devotion to the protection of my fellow students and their
urgent interests. It was in this way that Murray Gleeson set
in train a course of conduct by which he has skilfully overtaken
me at every turn in our lives. It is a course of conduct which
has lasted to this very day.
By it, he clambered over me in the Law School Honours List.
He stole a march by his earlier admission to the Bar. But
then I jumped over him with an earlier appointment to judicial
office. As President of the NSW Court of Appeal I had the
exquisite pleasure of having him appear before me. Humbly,
he had to respond to my every interrogation. But then, once
again, he jumped ahead and became Chief Justice of the Supreme
Court of New South Wales. When I was appointed to the High
Court in 1996, I thought at last it was checkmate. But, lo
and behold, yet again, he has pipped me at the post. He now
stands at the apex of legal and judicial appointments in our
country, never to be surpassed.
It is as well that I am no Richard of Gloucester, hungering
Olivier-like for the Crown. Despite all these provocations,
I just can't help liking the guy. And admiring and respecting
him. In the High Court of Australia he will enjoy the loyalty,
admiration and, I believe, affection of his colleagues. Fortunate
is a country that has such an accomplished and experienced
Chief Justice.
Back in the 1950s, his subtle endeavours to have me see
the truth of the Church of Rome extended to the presentation
of a book called Inside the Vatican. I still have
it. In it, the author describes the ascent of the newly elected
Pontiff to the Papal Throne (a kind of churchly equivalent
to appointment as Chief Justice of Australia). As the ballot
papers of the newly installed Pope are burnt in his presence,
he is reminded of his mortality. Sancte Pater. Sic transit
gloria mundi: Holy Father. Thus pass away the glories
of this world. So it doubtless will be, for all of us, in
whatever offices we attain - high or law.
I was reminded of this in London last week when I attended
a ceremony touching one of Chief Justice Gleeson's distinguished
predecessors and another alumnus of this Law School. I refer
to the Right Honourable Sir Garfield Barwick. In St Paul's
Cathedral the biennial service of the Order of St Michael
and St George took place in the presence of members of the
Royal Family and members of the Order. I was there, the sole
Australian and the last Australian appointed to the Order
in 1983. I saw the Banner of Sir Garfield Barwick, Knight
Grand Cross of the Order of St Michael and St George, one
time Chief Justice of Australia, carried in solemn procession
down the great nave to be laid reverently on the High Altar,
marking his passing. The service was thus a solemn tribute
to a most important Australian jurist. No future Chief Justice
of Australia will enjoy that banner.
Yet in some ways the occasion seemed a little alien to the
realities of Australia today. It was a specifically Christian
and even Anglican State occasion: no hint of the diversity
of religious conviction that marks Australia today. Overwhelmingly,
the distinguished participants were old, white males. Very
few women. Only one person of colour - a Governor-General
from the West Indies. The Court over which Murray Gleeson
presides serves a very different and a changing society. For
however long he serves we can be sure that he will act faithfully
and devotedly for the interests of all Australians, blessed
as we are to live under the rule of law upheld by the Constitution
he will safeguard.
The Sydney Law School is properly proud of this distinguished
son. Rightly, it honours him today.
| 1 |
Justice of the High Court of Australia. President of the
International Commission of Jurists.
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| 2 |
Einfeld J, Hill J, Mathews J, Tamberlin J.
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| 3 |
Gleeson CJ, Kirby P, Hodgson CJ in Eq, Mathews J
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| 4 |
Goldstein J (retired), Waddy J.
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| 5 |
Davidson DCJ, Mahoney DCJ, Conomos DCJ (retired).
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| 6 |
Lillian Hawler (née Bodor).
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| 7 |
Including P R Capelin QC and L P Robberts QC.
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| 8 |
Mr Kim Jones AM.
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| 9 |
Mr Nelson Meers.
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| 10 |
Mr Charles Curran AO.
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| 11 |
Mr John Beeston and Mr Jim Halliday.
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