The Hon Michael Kirby AC CMG
Briefly describe your career journey
- I worked as a articled clerk in Sydney; solicitor and barrister from 1959-1974.
- Thereafter, I worked as Deputy President of the Arbitration and Conciliation Commission.
- Inaugural Chair of the ALRC and Judge of the Federal Court (1975-84).
- I was President of the NSW Court of Appeal and then a Justice of the High Court of Australia (1996-2009)
- Following my retirement from the High Court of Australia I was elected President of IAMA. I held that position 2009-10 and undertook the professional training course as a mediator. I was appointed a Fellow of IAMA (not Honorary Fellow) and later a Fellow of Resolution Institute and in 2021. I am Honorary Life Member of Resolution Institute.
- I currently serve on the Resolution Institute's Diversity, Equity and Inclusion Committee (ongoing). I have given addresses at Resolution Institute's conferences and will do so next on 15 July 2021.
Accomplishments
- I have undertaken many complex mediations in Sydney, Melbourne and Adelaide. I have a very high level of mediations successfully concluded. I attribute this to faithful observance of the differentiation of mediation from judicial work. Outcomes must derive from the decision of [assisted] parties. They must not be imposed.
- In addition, I have conducted, as Chair, complex international arbitrations in Singapore and India. An extremely complex arbitration is proceeding in India with virtual hearings but is interrupted by the COVID-19 pandemic. This arbitration also involves a retired Justice of the Supreme Court of India and a retired Lord Justice of Appeal of England and Wales.
Share a piece of career advice
- Judges who take on ADR after they leave the Bench must leave judicial habits behind. Any temptation to impose settlements in a local mediation must be resisted to the death.
What do you enjoy doing outside of work?
- My hobby in Who's Who is work. My extra curriculars are the music of J.S. Bach and reading history. Also conversing with my partner of 52 years, Johan, who keeps my feet on the ground.
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David Chin
Membership Manager
Resolution Institute
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