McGinn v Federal Court of Australia

[2025] FCA 785

FEDERAL COURT OF AUSTRALIA

McGinn v Federal Court of Australia [2025] FCA 785  

File number(s):	NSD 520 of 2025
Judgment of:	JACKMAN J
Date of judgment:	3 July 2025
Catchwords:	PRACTICE AND PROCEDURE – application for recusal – application dismissed
Cases cited:	McGinn v Federal Court of Australia [2025] FCA 781
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 520 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 NSD520/2025, Ms McGinn applies for me to disqualify myself on the ground of actual bias.

2. Ms McGinn submits that these proceedings raise the same issues as in NSD519/2025, which I dealt with a few minutes ago: see McGinn v Federal Court of Australia [2025] FCA 781. I am open to persuasion as to whether there are any distinguishing features of this matter which might lead to a different outcome from NSD519/2025. However, as I understand Ms McGinn’s submission, there are no distinguishing features, and Ms McGinn has said that she expects me to dismiss matter number NSD520/2025 for the same reasons as I gave in NSD519/2025.

3. It is a fundamental principle of justice that like cases be treated alike and I propose to adhere to that principle, recognising that there is a possibility that Ms McGinn may draw my attention to some distinguishing feature between the two cases. I reject her application that I disqualify myself.

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