“have a glass of champagne … You’re just the person I’m looking for”: the creation of the Australian Law Reform Commission

Michael Kirby has written about how the Australian Law Reform Commission was established in 1975.  

“I want to tell you about the beginnings of the Australian Law Reform Commission (“ALRC”). …

“I was looking around for something else to do. Anything else.  And then Lionel Murphy walked into that elevator”.

“Come up and have a glass of champagne” he demanded. You’re just the person I’m looking for. … I want you to be the chairman of the Law Reform Commission”, said Lionel.

I blinked. My reactions were those of the typical lawyer.

“Law reform! Law reform! Aren’t things bad enough as they are?”

But Lionel was persistent. … In a state of alcoholic stupor I accepted.  Lionel lifted his glass ….

“The first thing to be done was to get premises and staff. … All that the Commonwealth could find was a tiny office in the anteroom to the Court of the Federal Judge in Bankruptcy (Bernard Riley).”  …

… I suggested … something slightly better … 

“Setting up the ALRC was as much a puzzle and an adventure, [all of us] sitting there in Justice Riley’s anteroom, watching him pass by four times a day: each time looking more melancholy than the last.

Bankruptcy, after all, is not a fun jurisdiction.”

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Chapter 15, “ALRC, Law Reform and Equal Justice under the Law”, in Law, Justice and Other Challenges – Selected Speeches and Papers of Michael Kirby, Federation Press, 2025, pp 143-145.

ALRC 45, the “Harmer Report”, of 1988, stands as a significant contribution to insolvency law, in Australia, and internationally.

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