McGinn v Federal Court of Australia

[2025] FCA 781

FEDERAL COURT OF AUSTRALIA

McGinn v Federal Court of Australia [2025] FCA 781   

File number(s):	NSD 519 of 2025
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:	2
Date of hearing:	3 July 2025
Counsel for the Applicant:	The Applicant was a litigant-in-person

 

ORDERS

NSD 519 of 2025

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 had delivered reasons in matter NSD1070/2024, Ms McGinn made a fresh application that I be disqualified from hearing NSD519/2025 on the ground of actual bias.

2. The basis of that application appeared to be an allegation by Ms McGinn that I made my decision in that matter regardless of the evidence in front of me. I reject the submission on the basis that it is misconceived, and I reject the allegation of actual bias which I regard as completely unfounded. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:       11 July 2025