Qld Law Society - The Callover podcast

The podcast was recorded in the QLS series “The Callover’’. The questions were addressed to particular cases in the High Court of Australia in which Michael Kirby had taken part during his service as a Justice of that Court. One of the cases discussed in the podcast was Wurridjal v The Commonwealth (2009) 237 CLR 309. This was the last decision delivered by Justice Kirby on the day of his retirement from the High Court, 2 February 2009. In answer to questions, he explained a difference that arose between the majority of the court, led by French CJ, and Justice Kirby, in minority sole dissent. The issue was whether the Federal legislation that provided for the Northern Territory Intervention in 2008 was constitutionally valid. The point of difference was whether provisions in the Federal legislation providing for monetary compensation to First Nations People complied with the Australian constitutional requirement of ’’just terms’’ . The majority held that this constitutional provision in s 51 (xxxi) was satisfied. Justice Kirby held that the provision of monetary compensation was not sufficient in Australia (unlike the United States). Just terms was a broader concept. It included the necessity of consultation with the first Nations people affected. The case is a neat example of constitutional questions that can arise in the High Court; and the differences that can exist amongst the Justices deciding the case. 

 

Recorded on 4 September 2025 in Brisbane, at the Queensland Law Society.