Ceremonial - Kirby J - Welcome to Melbourne - CER

This matter concerns the welcome of Justice Kirby to his first sitting in Melbourne as a Justice of the High Court of Australia. The proceedings involved addresses from Mr J. Middleton, QC, Chairman of the Bar Council of Victoria, and Mr M. Woods, President of the Law Institute of Victoria, who formally welcomed Justice Kirby on behalf of the Victorian legal profession. Justice Kirby then delivered a response.

The primary legal issue, though not explicitly framed as such, was the nature and purpose of ceremonial welcomes to new judges, particularly in light of Justice Kirby's prior expressed views on such occasions. The addresses also touched upon the role of judicial creativity in adapting the common law to societal changes and the importance of maintaining professional ideals within the legal fraternity.

In his response, Justice Kirby acknowledged the addresses and reflected on his own career, drawing parallels with the experiences of Sir Owen Dixon. He recounted his early legal work in Melbourne, his initial judicial appointment to the Arbitration Commission, his involvement with the Australian Law Reform Commission, and his subsequent appointments to the Federal Court and the New South Wales Court of Appeal. Justice Kirby also referenced a book by Professor Anthony Kronman, "The Lost Lawyer," which critiques perceived failings in the American legal profession, and used this as a springboard to discuss the enduring claims to nobility of the legal profession, including honesty, idealism, integrity, and courtesy, particularly noting the Victorian profession's hallmark of courtesy.