Changing of the Guard

For those so inclined the SMH a few days ago ran an article on the pending changes in the High Court. Here is an excerpt:

The constitution forces federal judges from the bench at 70. The Chief Justice, Murray Gleeson, retires next month, after 10 years in the job, and Michael Kirby must go by March.

The vacancies give the Government ample opportunity to recalibrate the balance of the High Court, while another two spots open if it wins a second term, and two more in a third.

Its choice of a new chief justice, the first of the court's seven equals, will be the most important appointment the Government will make, says the University of NSW's High Court commentator, Professor George Williams. "Not only do they have the ability to influence the direction of the High Court, but also the nation," he says.

Only two judges remain from the Keating era - William Gummow (appointed in 1995) and Kirby (1996). Subsequent appointments turned the court conservative, particularly compared with its stand under Sir Anthony Mason.

Kirby dissents more than any other High Court judge, but argues his record would be far less had he served in the Mason court. He thinks the court moved, not him.