Former High Court Justice Michael Kirby AC CMG joins host Harry Stewart for a wide-ranging conversation about how constitutional law meets lived experience on Country. We revisit the landmark decisions that still shape Australia’s legal landscape—Mabo, Wik, Kartinyeri, and Wurridjal—and use them to explore bigger questions: What does constitutional courage look like? How should courts weigh history, text, and consequences? And where does dissent fit in the long arc of justice? Along the way, we discuss native title and coexistence, the scope of the “race” power after 1967, and why “just terms” in the Territories matters beyond property—because what’s at stake is culture, community, and the rule of law.
Highlights: judicial method vs. outcomes; the place of history in judging; respectful disagreement on the Court; reconciliation and the law’s moral imagination; practical lessons for students, practitioners, and anyone who wants a clearer view of how the Constitution actually works.
What does a just economy look like — and who gets to design it?
In this episode of YARNS., I sit down with Associate Professor Rick Macourt a proud, queer Gumbaynggirr man, lawyer, and Managing Director of Strategy at First Nations Economics. Rick has shaped major systemic reforms across government and the private sector, from leading NSW’s first Indigenous budget process to reshaping First Nations affairs at Westpac.
We talk about queerness and power, truth-telling through Treasury, the limits of reconciliation.
This is a yarn about reform, resistance, and redesigning the system — on our terms.
In this conversation, Danny Gilbert AM shares his journey from growing up on a rice farm in regional New South Wales to becoming a prominent legal and business leader in Australia. He discusses his early life, education, and the founding of Gilbert and Tobin, one of Australia's leading law firms. The conversation delves into his advocacy for Indigenous rights, the role of businesses in supporting these causes, and the importance of government policies and treaties. Danny emphasises the need for education and empowerment for future Indigenous leaders and reflects on the impact of AI on the legal profession.Takeaways- Danny Gilbert's early life on a rice farm shaped his perspective.- Law school was a daunting experience for Danny.- His exposure to Indigenous disadvantage began in his early career.- Danny's commitment to social justice grew over time.- Businesses have a role in advancing Indigenous rights.- Treaties should focus on education and economic empowerment.- AI is set to profoundly impact the legal profession.- Danny emphasises the importance of resilience and ambition in law.- The conversation highlights the intersection of law, business, and social justice.
🖋️ I wrote a letter to the King.
Because when Australia’s first Indigenous-led truth-telling inquiry finds that genocide was committed against Aboriginal people, the head of state should probably know about it.
This edition of Capital & Country is personal, political, and purposeful:
📮 Truth Posted: I reflect on the Yoorrook Commission’s findings and share the handwritten letter I sent to King Charles III, asking him to acknowledge genocide and use his voice to help Australia face its truth. Still waiting for a reply. Maybe it’s in a corgi-chewed pile somewhere in Buckingham.
📚 Pages That Change People: VOUGE Australia curates a powerful reading list of First Nations authors. These aren’t just books—they’re a syllabus for national reckoning. From Bruce Pascoe to Alexis Wright, these voices shape a better story for this country.
🎓 Future Trained: At Ayers Rock and Mossman Gorge, the National Indigenous Training Academy is empowering mob through vocational excellence. Kit Hawes, a graduate-turned-leader, proves what’s possible when education is grounded in culture.
This edition is about truth, power, and action. It’s about not looking away.
✉️ Letter tracking ID: EJ340696830AU - For anyone interested
🔥 Edition 14 is here.
This week marks 50 years of NAIDOC Week, a time to celebrate, reflect, and amplify Blak voices.
In this edition:
🖤 NAIDOC at 50: I reflect on UNSW’s powerful celebrations and this year’s theme “The Next Generation: Strength, Vision & Legacy.” I’ve included a little video from the event – a glimpse into the music, dance, and community that made the day so special. 👉🏾 My favourite part was The Next Generation panel featuring Adam Goodes, Marlee Silva, BJ Newton, and Jordan Itoya – hearing their insights and hopes for our people was powerful.
⚖️ Kumanjayi Walker Coronial Findings: The inquest confirms what many have long known – racism kills. The coroner found racist views held by former officer Zachary Rolfe increased the risk of Kumanjayi’s death. A sobering read about systemic failures that continue to cost Blak lives.
💼 The Sleeping Giant Rises: Indigenous businesses now generate over $42 billion in social value each year. For every $1 in revenue, $3.66 of economic and social value is created. This is not charity – it’s Blak excellence in action.
📚 And a personal milestone: I joined my first board – the Indigenous Reading Project. As someone who struggled to read growing up, I know literacy isn’t just about school; it’s about confidence, opportunity, and agency.
✨ Edition 14 is a call to action. It’s about truth, legacy, and building futures. I hope these stories inform, challenge, and inspire you this NAIDOC Week.
#NAIDOC #READING #BOARD #ECONOMICS #POLITICS #LAW
In this episode, I reflect on my recent trip to Japan, just as ten First Nations ancestors were returned home from Japanese institutions for the first time in history. It was a moment that stirred something deep. Repatriation is not about the past. It’s about restoring dignity. It’s about our future.Also in this edition:
📵 Optus Exposed – The $100 million penalty that reveals how corporate reconciliation rings hollow when aggressive sales tactics target the most vulnerable.
💰 ANZ’s $50B Strategy – A bold new play from one of Australia’s major banks that puts First Nations economic empowerment at the heart of its long-term vision.
🗳️ Consent with Meaning – The federal government’s new guidelines finally place Free, Prior and Informed Consent (FPIC) at the centre of First Nations engagement. But will they follow through?
💡 NSW’s Closing the Gap Budget – A big spend with some bold promises. But trust, once broken, is hard-won back.
What a few weeks. Treaty talks finally begin in NSW. Blak filmmakers go to camera in South Australia. The housing crisis pushes Aboriginal issues into the national spotlight. And I had the chance to head back and spend some time on Yuin and Tharawal Country.
In this episode of Capital & Country, I talk about:
If you’ve been working on Treaty, housing, or truth-telling through art I want to hear from you. Let’s keep pushing the conversation forward.
YARNS. with Chris Ronalds AO SC: The Woman Who Wrote the Law on Equality
What does it take to write the law — and then hold it to account?
In this special episode of YARN, I sit down with my mentor and dear friend, Chris Ronalds AO SC one of the trailblazers of modern discrimination law in Australia. From helping draft the Sex Discrimination Act in the 1980s to running landmark cases like Maloney v Queensland and the Palm Island class action, Chris has dedicated her life to challenging injustice and reshaping the legal system from within.
She’s stood up to power in Parliament and the High Court, and she’s stood beside communities left behind by the law. She also helped create the Indigenous Barristers Trust building pathways for First Nations lawyers who are now changing the game.
This yarn isn’t just about the past it’s about the future of justice, the unfinished business of reform, and why she still believes in the next generation.
This conversation meant a lot to me and I know it’ll stay with you too.
Labor has the numbers. The mandate. The moment.
So why play it safe?
In this episode of Capital and Country, I break down a billion-dollar reform wishlist the government could act on right now — from fixing housing tax distortions to regulating political lies, banning gambling ads, and finally raising the age of criminal responsibility.
I also walk through the fiscal impacts: a costed 10-year blueprint that adds $661 billion to the budget — without raising income tax.
This is what governing with courage could look like. The question is: will they use their power — or waste the moment?
In this episode of Capital and Country, Harry Stewart breaks down what Labor took to the election and what they now promise to deliver. From tax cuts to Medicare reform, housing to higher education, this isn’t just a line-by-line rundown — it’s a candid reflection on whether this agenda meets the moment. With personal insight and political sharpness, Harry asks: is this tactical relief or the start of something transformational?
In this special post-election episode of Capital and Country, supporting Edition 9 of the newsletter, we break down the 2025 federal election result that redrew the political map of Australia. From Labor’s landslide and the fall of Peter Dutton, to the Greens’ bruising night and the first teal toppled, we unpack what really happened beneath the headlines. We also spotlight the role of First Nations voters, the suburbs that swung, and whether this marks the end of the Liberal Party as we know it.
It’s not just who won — it’s why.
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