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The Forum > Article Comments > Law and justice in Australia: A dream of improvement > Comments

Law and justice in Australia: A dream of improvement : Comments

By Michael Kirby, published 29/11/2004

Michael Kirby talks about his vision for the judiciary

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Michael: As a citizen of Australia, I read with interest your presentation to the QUT law society in September 2004. I realise that, due to time constraints and the interests of the audience, you merely touched on what has been your experience over many years as a member of the Australian legal fraternity. Your views on the application of Australian law as it pertains to 'minority' groups greatly troubles me. From my understanding, all citizens of Australia must accept that the Law is exercised equally upon all. The outcome of the Legal System may be influenced by some mitigating influences but essentially all citizens are equal in the eyes of the Law. A mere whisper that this is not so smacks at the very core of our democracy. Is it your belief that we have now, or should have classes of Australian Citizenship based on casual, social groupings? I, for one have never understood this to be the case nor have I ever been asked to vote of whether I support such a proposition. Have I missed something? The criticism of legal practitioners/appointees reported in the press from time to time indicate that even at the uppermost level of Australian law, there are alleged lawbreakers. Perhaps, the views of all Australian citizens need be canvassed in any debate on application of Australian law but only on the basis that all Australian citizens are equal. Let the Law stand solid in relation to all citizens and hopefully, Justice will follow.

Posted by wah, Monday, 29 November 2004 12:12:09 PM
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I would like to strengthen justice in Kenya. Could the national forum guide towards funding to undertake legal education locally and abroad.As regards am a teacher and holder of Oxford University Degree of Special Diploma in sociol administration .Pease assist me to atttain this lifelong goal. I look forward towards your acknowlegement soon.

Yours Sincerely

Isaac Maina Mburu,
P .o. Box 862,Thika-Kenya
Posted by judy, Sunday, 5 December 2004 12:17:13 AM
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The Honourable Justice Kirby has an astute perception of how the law should work. Although it doesn't always work for the little person he has never been afraid to challenge that basic concept. It was nearly 30 years when he made the Turner Memorial Lecture in Hobart during 1976. He espoused the formulation of an Australian Human Rights Commission and in 1986 that dream came true with the formation of HREOC. We need more judges like Justice Kirby on the Bench - those who retain a respect for the common man and are not lost in the trappings of judicial office or political appointments.
Posted by kilos, Sunday, 5 December 2004 10:41:10 AM
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Justice Kirby's speech is admirable, I looked up its full text. He is a man of much wisdom, humanity, mercy and forbearance. I once had noble perceptions of the law, and 3 to 4 years ago enrolled as an SAB student in Sydney. I had, however, to abandon my study after the first semester as I was indigent, and could not obtain employment at a reasonable income either in a law office [I'm trained for office work] or in another appropriate occupation with a stable, liveable income. The almost constant discrimination I faced from the legal sector when seeking ancillary employment left me with a most bitter taste in the mouth, and a realization that perhaps though a man of his circumstance can perform admirably in the highest judicial office of the land, on the ground, the industry doesn't want sexual minorities, particularly such as like myself. The net result: I am now in a public housing unit, and on the pension struggling to recover from a long battle with depression. My family said to me that "people like you will never be a solicitor", in between actively fielding calls selling lifting equipment from their Adelaide-based business.
Posted by Inner-Sydney based transsexual, indigent outcast progeny of merchant family, Monday, 6 December 2004 4:05:21 PM
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Fine words, noble sentiments, and a complete lack of practical applicabililty. I think it would be helpful if we could clean up what currently goes on in Australia's "legal system" - full as it is of normative corruption, finangling, shady deals, dishonest and lying cops/lawyers/judges, rorting, fiddling, etc. etc. etc.
Posted by veritas, Monday, 6 December 2004 10:36:06 PM
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I am an ordinary bloke with no legal qualifications. In reading n/papers it seems that many Judges and especially Magistrates seem to dislike the Police of their particular state. As I read it many will grant bail, it seems, to just spite the Police. Some legal judgements to do with punishing criminals do in my eyes appear totally ridiculous and absurd. As well the allowing of a lawyer to cross-examine a young woman often a rape victim in a very cruel vindictive callous way is totally wrong. I have absolutely no confidence in the fairness decency or honesty of our legal system. British/Australian "justice??" stinks. Regards, numbat
Posted by numbat, Wednesday, 8 December 2004 3:26:41 PM
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After spending the last four weeks delving into the work of the High Court, and particularly what was achieved under Mason, I can honestly say that in regards to people like Kirby and Mason I am utterly humbled and thankful that such people exist in Australian society and in the Australian legal system. I too hope for a lot of the same things that Kirby dreams of. But mostly, I hope and dream that some of these things will be realised in his time.
Posted by rasputin_eyes, Sunday, 29 January 2006 8:42:54 AM
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