McGinn v Federal Court of Australia

[2025] FCA 783

FEDERAL COURT OF AUSTRALIA

McGinn v Federal Court of Australia [2025] FCA 783    

File number(s):	NSD 1825 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:	3
Date of hearing:	3 July 2025
Counsel for the Applicant:	The Applicant was a litigant-in-person

 

ORDERS

NSD 1825 of 2024

BETWEEN:

SOPHIA MCGINN

Applicant

AND:

FEDERAL COURT OF AUSTRALIA

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. After I gave reasons for judgment in matter number NSD519/2025, Ms McGinn made yet another application that I disqualify myself from hearing NSD1825/2024 on the ground of actual bias.

2. She submitted that the reason which I gave for dismissing her application was that there was no merit in the application and submitted that the underlying reason which I gave for that conclusion related to jurisdiction rather than merit. Ms McGinn also submitted that I failed to consider her submissions in relation to Schedule 2 of the AD(JR) Act.

3. I am unable to see how those matters could conceivably give rise to actual bias on my part, and I reject her application.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:       11 July 2025