Ceremonial - Kirby J - Swearing in

Case

[1996] HCATrans 25


Details
AGLC Case Decision Date
Ceremonial - Kirby J - Swearing in [1996] HCATrans 25 [1996] HCATrans 25

CaseChat Overview and Summary

The proceedings involved the swearing-in of the Honourable Michael Donald Kirby as a Justice of the High Court of Australia. The ceremony was attended by numerous dignitaries, including former Justices and Chief Justices of the High Court, Chief Justices of other Australian courts, Attorneys-General, Solicitors-General, and members of the legal profession. The Chief Justice of the High Court, Brennan CJ, presided over the ceremony.

The central legal issue was the formal appointment and qualification of Justice Kirby to the High Court bench. This involved the presentation of his commission from the Governor-General and the administration of the Oath of Allegiance and of Office, as required by law for judicial appointments.

Justice Kirby presented his commission, which was read aloud. This commission, issued by the Governor-General acting with the advice of the Federal Executive Council and under section 72 of the Constitution, formally appointed him as a Justice of the High Court. Following the presentation and reading of the commission, Brennan CJ invited Justice Kirby to take the prescribed oaths. Justice Kirby then swore the Oath of Allegiance and of Office, affirming his commitment to serve Her Majesty and to administer justice according to law, without fear or favour.

Upon the completion of the oaths and their recording, Brennan CJ congratulated Justice Kirby on his appointment and formally invited him to commence his duties as a Justice of the High Court of Australia.
Details

Areas of Law

  • Constitutional Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

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