Book Review: Appealing to the Future

Michael Kirby & His Legacy

Edited by Ian Freckelton¹ & Hugh Selby² 
Published by Thompson Reuters
Reviewed by James McNab

The book is a collection of essays from some 44 contributors who analyse Justice Kirby’s significant contribution to the Australian Legal System over his 30 odd years on the bench.  In doing so, the various contributors analyse and comment upon many of the cases that Justice Kirby dealt with and, of course, also reflect upon his judicial and extra judicial life. 

The book covers areas which include Administrative Law, Human Rights, Equity, Taxation and Bio Ethics, to mention just a few of the many areas of law which are discussed in the publication and in the development of which Justice Kirby has played a significant role.

The book not only explores Justice Kirby’s life as a jurist but, importantly, also shows the impact that he has had on Australian society through his public influence and his contribution to social reform.  Even for non lawyers, the book gives a great insight into the Australian legal system over the past 30 years.  It details the significant changes in the law that have ensued as it follows Justice Kirby’s life looking at his very long service on the bench while also looking at his contribution as an eminent and respected Australian who is not afraid of offering his views and opinions on topics that are of interest to Australians.

Through the essays, the authors provide a snap shot of His Honour’s life and the place he holds in Australian legal history and the advocate for human rights that he has continued to be.  As Julian Burnside stated in the final chapter of the book³:

On first glance the book may look daunting to read at some 996 pages.  However, it is an easy read and difficult to put down once started, particularly, when reading some of the amusing anecdotes provided by many of the individual contributors.

At a direct price from the publisher of a $160.00 for a hard cover or $84.00 for a soft cover, this book presents excellent value for money for those who are interested in his legacy or the pivotal role His Honour has played in developing many areas of the law.  It would be a great addition to any library.

James McNab

Footnotes

1. Ian Freckleton SC practices at the Victorian Bar in criminal personal injury and administrative law areas.  He is a professor at Monash University; an Adjunct Professor at the Research Centre at Auckland University of Technology; and has also served as Honorary Professor at Sydney, Macquarie, Latrobe and Deakin Universities and has also served as a visiting professor at Otago University.  He has also been the author and editor of many books on many and various topics such as criminal law, health law and expert evidence.
2. Hugh Selby is a Barrister at the New South Wales Bar.  He teaches practical legal skills in Australia and overseas.  He also has written several books on many and varied topics such as expert evidence, advocacy and appellant practice.  These are just a few examples of his areas of writing.
3. Page 890