Interview with Justice Michael Kirby
For those who are interested, we have decided to put up the entire text of Katherine's interview with Justice Michael Kirby on November 22. The edited text appeared on page 3 of Issue 1.

Interview date: November 22, 2002
Interviewer: Katherine Ngo
Transcribed by Enoch Lau from the taped copy

Interview:
MK: What year are you in, Katherine?
NB: I'm in Year 11.
MK: Where did you come from? Which school?
NB: I came from xxx College.
MK: Which college?
NB: xxx College in xxx.
MK: Was that good? Was that a private school?
NB: It was a catholic private school.
MK: Was it a good education?
NB: Yes.
MK: Why did you come to Fort Street?
NB: I guess I wanted more of a challenge, academically.
MK: Yes, and have you got it?
NB: Yes indeed.
MK: And are you happy with the challenge?
NB: Yes.
MK: And have you got enough challenge?
NB: I always try to challenge myself as much as I can.
MK: Good. Challenge your beliefs because sometimes your beliefs are wrong. It's important to challenge everything. Put it up to the test.
NB: Yep.
MK: Now, you've got some questions of me.
NB: My first question is what would a day be like in the life of a high court judge?
MK: It's hard work. It starts at about five o'clock in the morning, and you go into your office very early. You read the papers for the case for the day, and you go to court, and you ask a lot of questions during the day. And after your day, you have a meeting with the other justices to decide how you're thinking about the case, and then subsequently you have meetings with your staff. You talk about the matter. After that, you'll probably have to go to a function at a university, or some other body, and about ten o'clock or ten-thirty at night, you collapse into bed. But at least it means you don't have to watch television. It's a very hard life, and it's seven days a week. It never lets up. That's what they meant at Fort Street by striving and achieving and trying to do your best.
NB: My second questions is how are judges' judgements written? Is it like group work for the judges, because I think that often you find the judgements that sometimes one judge gives the full reason for the judgement, and then the next judge provides just a paragraph? Agreement as such? So there is like a bit of a free rider problem?
MK: Well, sometimes there's agreement between the justices that one will lay out all the facts and set out all the issues and the principles and even if other judges don't agree, they will abbreviate their treatment of the case. But, sometimes judges prefer to set out their own reasons, even if they agree with the order of the court, and of course, sometimes judges disagree, and then under our system of law, they can dissent. In most European countries, judges can't dissent, but it's one of the wonderful features of the English law system. If they disagree, the judge openly expresses his or her point of view. That may in due course come on to be the established principle of the law.
NB: What would you do if you weren't a judge? Did you have an alterative dream career?
MK: Well, I wasn't holy enough to be a bishop, I wasn't good enough at mathematics to be a scientist, I wasn't patient enough to be a teacher, so by process of elimination, I ended up in the law. But at Fort Street, I came first in the state of New South Wales in the leaving certificate in Modern History. And if you look on the honours board, it's in there on the school record of the leaving certificate. And I think if I had my life over again, I might be a professor of history, because I love history, and in my spare time, I never read law, never, never, never; I read history books.
NB: OK. I do modern history as well. It's a very fun subject.
MK: Yes. Well if by learning of history, we learn about the future.
NB: Yes, definitely. My next question is what can't you say no to?
MK: I can't say no to work. I can't say no to requests to come to the school or to go to interesting functions. I launched a wonderful book recently by Nance Irvine, and it was very crowded at the Glebe bookshop. There were hundreds of people, and it was a great occasion, so I have lots of friends in this country and overseas, and I am going tomorrow to Montreal in Canada for a meeting of the International Bioethics Committee, which is going to be looking at the issue of the human genome. So my life is full of very interesting activities, but it's a lot of work, and in life, you don't get anywhere by sitting on your bottom. You've got to get up and get on with it, and strive to achieve and make the world a better place. This isn't triumphalism. This isn't the triumphalism that existed when I was at school. This is service to other people, trying to make the world better, especially for minorities, especially for the disadvantaged. That's our duty as educated, civilised people.
NB: What do you remember best about your Fort Street High School days?
MK: My teachers, my friends and my grounding the in sound principles of good education. I'm going to talk about that at the assembly, so I won't repeat what I'm going to say, otherwise you'll get bored.
NB: OK.
MK: We're going to have questions after my speech because Fort Street is a democratic place, so if I haven't answered all your questions, you can jump up and ask some more.
NB: Yep, I certainly will. Do you have any words of wisdom for current classes, especially those who want to go to law school?
MK: Well, I don't think it necessary to have to go to law school or even to university. The most important thing in life is to live a full, rich and happy life, to find a companion, or companions in life who love you and who you love and to make the most of the very precious gift which life is. But one aspect which improves the lives of clever intelligent people is if they are fulfilled in the work they do. Therefore, it is important to strive and try to make the most of your gifts. That's what Fort Street taught me, and I'm sure that's what Fort Street teaches you.
NB: And this is just on behalf of the newspaper production team, and that is what would you do if you had only ten dollars, like your last ten dollars. What would you do with it?
MK: I would give it to the poor.
Woman: Could you repeat the question please?
MK: If I had my last ten dollars, well I'm not really down to my last ten dollars, I can't admit that, but it would depend on the circumstances. I go to India quite often, and in India there are many beggars, and I once wrote to my mother, I will never give money to the beggars because if you give money to the beggars, you will only encourage them. My mother wrote me a very wise letter and said that it's a stupid thing to say, because it doesn't hurt to give something to other people. I think she was right and I was wrong, and if I were in India, I will try to help others. That's what I learnt at Fort Street. Help others.
NB: Yep
MK: Because that way you can prove yourself.
NB: Thank you for agreeing.
MK: Pleasure Katherine, and we should have a photograph together.

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