McGinn v Federal Court of Australia

[2025] FCA 790

FEDERAL COURT OF AUSTRALIA

McGinn v Federal Court of Australia [2025] FCA 790   

File number(s):	NSD 536 of 2025
Judgment of:	JACKMAN J
Date of judgment:	3 July 2025
Catchwords:	PRACTICE AND PROCEDURE – application for disqualification – application dismissed
Legislation:	Civil Liability Act2002 (NSW)
Division:	General Division
Registry:	New South Wales
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	1
Date of hearing:	3 July 2025
Counsel for the Applicant:	The Applicant was a litigant-in-person

 

ORDERS

NSD 536 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. In matter NSD536/2025, Ms McGinn applies for me to disqualify myself from hearing the matter. As far as I am able to understand the submissions, Ms McGinn alleges that I failed to consider an argument in cases which I have heard earlier today to the effect that a Registrar of the Federal Court does not have power to refuse to accept documents for filing on the ground of lack of jurisdiction. Ms McGinn also made reference to s 5R of the Civil Liability Act2002 (NSW). Ms McGinn submitted that I am unable to bring a fresh mind to bear on the present matter in light of the decisions which I have already made today. I emphasised that I am open to persuasion by Ms McGinn in relation to her application in matter NSD536/2025 and I reject her application for my disqualification.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:       11 July 2025