Radical Restraint Justice Michael Kirby

Michael Kirby AC CMG (b. 1939), jurist, educator and former judge, studied arts, law and economics at the University of Sydney and attained his Masters of Law in 1967. Having served on the Federal Court and the New South Wales Court of Appeal, Kirby was appointed a Justice of the High Court of Australia in 1996. Not long afterwards, he agreed, somewhat half-heartedly, to sit for artist Ralph Heimans on condition that the sittings took place on weekends when he was working uninterrupted in his chambers. Now renowned for compelling, cinematic portraits that constitute an innovative take on the genre, Heimans employs a narrative approach 'to communicate a deeper understanding of the nature of my subjects'. In this work, Heimans referenced a speech in which Kirby paid tribute to the 'line of judges' who'd gone before him, and chose a private ante room to the judges' entrance at the Banco Court in Sydney as the setting. In keeping with the idea of lineage, Heimans included depictions of the long-deceased Justices Sir Bernard Sugerman and Sir Gordon Wallace, two of Kirby's antecedents on the New South Wales Court of Appeal. The title 'Radical Restraint' references Kirby's broadmindedness as well as adherence to the 'restraint' of the law and legal tradition. The artist recalls that, in answer to a question about his hobbies, Kirby answered 'work', strengthening Heimans' decision to portray him in judicial robes. Kirby was indeed so absorbed in his work during the sittings that Heimans kept having to ask him to look up, resulting in an expression combining 'mild irritation' with a 'reluctant sense of duty to respond'.

Kirby remained on the High Court until 2009, and has held roles with UNESCO, UNHCR, the OECD and other organisations on issues such as human rights and HIV/AIDS. An advocate for LGBTIQA+ rights, animal welfare and the arts, his many civilian honours include the Australian Human Rights Medal (1991) and the UNESCO Prize for Human Rights Education (1998). He considers Radical Restraint a favourite Ralph Heimans work, and says it was 'a special experience to be the subject of such a master'.

Purchased with funds provided by the Basil Bressler Bequest 2001
© Ralph Heimans