Person details


New search Refine search

first previous next last Displaying 1 of 1


Person details for: CP 960
Person number
CP 960
Name
The Hon Sir Richard Clarence KIRBY AC
Date range
22 Sep 1904 - 25 Oct 2001
Series recorded by this person
Series
Person note

Summary heading

The Hon. Sir Richard Kirby (CP 960)

Career within Commonwealth

Richard (Dick) Clarence Kirby was born at Charters’ Towers, Queensland on 22 September 1904. His family moved to Cairns and he attended Cairns State School. From 1916 to 1921 he attended the King’s School, Parramatta. He obtained an exhibition to Sydney University and completed his LLB in 1927. Kirby was knighted in 1961 and was created a Companion of the Order of Australia in 1985. He died in Sydney on 25 October 2001.
Dick Kirby volunteered for the AIF in 1940, and was accepted and commissioned as Lieutenant in 1942. He served in the education corps. In 1944 he was discharged and returned to the Bar, where he resumed a busy practice. On 23 August 1944, Kirby was appointed as a Judge of the District Court of NSW. At his death, he was the oldest surviving member of that bench. In 1945 Kirby was one of three judges appointed to the Australian War Crimes Commission. On his way to Singapore to take up his appointment, his aircraft was diverted to Colombo and he was taken to visit the allied Supreme Commander, Admiral Lord Louis Mountbatten who subsequently invited Kirby to join his personal staff as legal adviser. In 1946 Kirby was also appointed by the Australian Government to inquire into the deaths of some Australian officers in the former Dutch colony that was to become Indonesia. Kirby became the de facto Australian representative in Batavia (shortly to become Djakarta). His experience in Indonesia led to his appointment as the Australian representative on the United Nations Committee of Good Offices on the Indonesian Question.
In 1947, Kirby was asked to accept appointment to the Supreme Court of NSW, but he had already agreed to go to the Commonwealth Court of Conciliation and Arbitration, and was sworn in as a judge of that court on 25 August 1947. Kirby developed his approach to industrial relations throughout his career. On his appointment to the industrial bench in 1947, he was drafted to chair the Stevedoring Industry Commission, a new body designed to bring a co-operative approach to the regulation of work on the waterfront.
A 1956 High Court case questioned the Arbitration Court's powers - specifically Kirby's exercise of the power to punish for contempt of court. R v Kirby; ex parte the Boilermakers' Society of Australia, (the “Boilermakers' case” (1956) 94 CLR 254; (on appeal (1957) 96 CLR 529), is one of our most important constitutional cases. It meant that the existing Arbitration Court could no longer continue to exercise a mixture of arbitral and judicial powers. The Menzies Government decided to create an arbitration commission and an industrial court. Kirby was approached to become President of the new Conciliation and Arbitration Commission, the more important of the two bodies.
Kirby retired from the Conciliation and Arbitration Commission in May 1973. He became Chair of the Advertising Standards Council, a member of the Evatt Foundation, Ausflag, and Skillshare (now the Dusseldorp Skills Foundation). For many years he was a member of the Council of the University of Wollongong, and took an active part in its development, especially in industrial matters. He retained these positions until he was well into his 80s.

Links to other Commonwealth Persons

 CP 99

 CP 390
 CP 7

Publications

 Biography: Mediator: a biography of Sir Richard Kirby / Blanche d’Alpuget. Carlton: Melbourne University Press, 1977.

Sources

Who’s Who in Australia 37th Edition 2001
Obituary, Sydney Morning Herald 27th October 2001

Agencies associated with person
  • 1945 - 1945
    CA 3865, Australian War Crimes Commission [II]
  • 1947 - 1949
    CA 3551, Stevedoring Industry Commission [II]
  • 1948 - 1948
    CA 8237, United Nations Commission on Indonesia, Djakarta/Jakarta
  • 1956 - 1973
    CA 866, Commonwealth Conciliation and Arbitration Commission/ (by 1974) Australian Conciliation and Arbitration Commission
Date registered
01 Jul 2003

Jump to record number Go
Displaying 1 of 1

New search Refine search