McGinn v Australian Information Commissioner

[2025] FCA 779

FEDERAL COURT OF AUSTRALIA

McGinn v Australian Information Commissioner [2025] FCA 779  

File number(s):	NSD 1070 of 2024
Judgment of:	JACKMAN J
Date of judgment:	3 July 2025
Catchwords:	PRACTICE AND PROCEDURE – application for disqualification – application dismissed
Division:	General Division
Registry:	New South Wales
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	6
Date of hearing:	3 July 2025
Legal Representative for the Applicant:	The Applicant was a litigant-in-person
Counsel for the Respondent:	Ms O Ronan
Solicitors for the Respondent:	Australian Government Solicitors

 

ORDERS

NSD 1070 of 2024

BETWEEN:

SOPHIA MCGINN

Applicant

AND:

AUSTRALIAN INFORMATION COMMISSIONER

Respondent

ORDER MADE BY:	JACKMAN J
DATE OF ORDER:	3 JULY 2025

THE COURT ORDERS THAT:

1.The application for disqualification be dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
Delivered ex tempore, revised from transcript

JACKMAN J:

1. The applicant in NSD1070/2024, Ms McGinn, applies for me to disqualify myself from hearing this matter on the ground of actual bias.  Ms McGinn’s written submission expresses the ground as follows: 

   Justice Jackman made an unwarranted demand by listing nine of the Applicant’s matters on the same date, at the same time, with clear intention to dismiss eight matters on non-appearance, because the Applicant can only attend one of them, it is perverting the course of justice, serious offence and judicial misbehaviour that warrants the removal of his office, let alone disqualification. 

2. Ms McGinn, in her oral submissions, expressed concern that there was insufficient time today for all nine matters to be heard if procedural fairness is to be extended to her. Ms McGinn also expressed concern that I may be proposing to disregard her claims for confidentiality. 

3. Ms McGinn’s application is based on a misunderstanding of the effect of listing nine of her matters today before me at 10.15 am.  Those matters will each be given ample and appropriate hearing time today and I am open to persuasion by Ms McGinn as to the decision to be made and the reasons for it in each of the nine matters.

4. I will shortly consider the order in which the nine matters should be heard. The listing of all nine matters at 10.15 am is appropriate in ensuring that Ms McGinn and the other parties who wish to appear are present in Court or via the audio-visual link which has been established, so as to ensure that the hearings can proceed at the appropriate time during the day. The listing of all nine matters at 10.15 am has no more significance than that.  It certainly does not disclose any bias, whether actual or apparent bias, on my part. 

5. I will deal with confidentiality questions as they arise in the course of the day. 

6. Accordingly, I dismiss Ms McGinn’s application that I be disqualified. 

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:       11 July 2025