Written by Julia Day
There are few people I admire more in my professional life than the Honourable Michael Kirby AC CMG (hereafter referred to as Mr Kirby). He is one of the most articulate, intelligent and socially conscious people I have ever met. He doesn’t just talk about social injustice and inequality, he actively uses his influence, fame and prestige to directly incite societal change.
When listening to him on his recent trip to the #UNELaw School I pondered whether or not he would have had the same sense of social justice if he was born in different circumstances. You see, Mr Kirby is dissimilar to many others who have served as Justices of the High Court of Australia. He went to a public school in Sydney and his parents were not wealthy or partners in a large law firm. Perhaps most radically he was also gay. One would hope these factors are not as relevant today as they once were, but for a young Michael Kirby they were front and centre of his life. Michael Kirby did not let these circumstances define and limit him. Instead he just worked harder and smarter and found a way to achieve his childhood ambition of becoming ‘either a judge or a bishop.’ 
Mr Kirby spoke of some very amusing anecdotes about his time at Sydney University where he shared classes with people such as Bronwen Bishop and Murray Gleeson. In fact Michael Kirby and Murray Gleeson (a former Chief Justice of the High Court) were study buddies. As students still do, the young men each took responsibility for a series of subject notes they chose to share with each other. He noted this meant he was not as strong in Corporations Law as Murray Gleeson was. He quipped- ‘students should check out their respective High Court judgments to see if they could identify which judge had been the author of each subject’s academic notes!!’
Soon after the young Michael Kirby completed his law degree at Sydney University he endeavoured to find a clerkship so he could obtain his articles and practice as a lawyer. His story reminds me of Julia Roberts’ infamous scene in Pretty Woman where she states ‘Big Mistake, Big, Huge!!’ Mr Kirby could not get a clerkship at one of the big firms in Sydney. Why he was not successful in this pursuit is puzzling but his hypothesis is ‘I did not go to an exclusive private school and my parents did not have the networks to help me get a job!’
After seeking advice from friend Barry O’Keefe (who notably was the brother of pop star Johnny O’Keefe) Mr Kirby decided to seek graduate employment in one of the smaller more boutique firms. Barry noted ‘you obviously want to be a barrister so you would be better off gaining employment in one of the small litigation firms who spend a lot of their time in court.’ Mr Kirby followed this advice and ended up in a firm with just two solicitors. During his first week at M.A. Simon & Co Mr Kirby found himself on his feet in court. 
The sadness and sorrow a young Michael Kirby felt when growing up was evident in the Public Lecture he presented as part of his visit. He spoke of growing up within a Christian family where his being gay could never be spoken about. Mr Kirby shared this story on a recent visit to the Vatican City as part of a delegation of the Human Rights Institute of the International Bar Association. The delegation were invited to a private audience with one of the top Vatican officials where they discussed decriminalising gay sex. When Mr Kirby spoke to the Cardinal, he spoke of his pain and sorrow of growing up with a secret he could not share with any of his friends or family. He explained how he did not choose and could not change his homosexuality. The Cardinal responded by saying he thought they shared some common ground and that they should keep the dialogue going.
Thank you Mr Kirby for being such an exceptional human being and for tirelessly working hard to achieve positive social change!
