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 transcriptJACKMAN J:
In NSD520/2025, Ms McGinn applies for me to disqualify myself on the ground of actual bias.
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.
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
- AGLC
- McGinn v Federal Court of Australia [2025] FCA 785
- Case
- [2025] FCA 785
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether there were sufficient grounds to support the applicant's claim of bias against the judge. The court had to examine the application's allegations carefully and determine whether they met the legal threshold for disqualifying a judge. The applicant argued that the judge's prior involvement in similar cases created an appearance of bias, potentially undermining the fairness of the proceedings. The court needed to assess the validity of these claims against the principles of judicial impartiality and the applicable legal standards.
In examining the application, the court applied the legal principles established in previous case law concerning judicial recusal. It considered the nature and extent of the judge's prior involvement, the relationship between those matters and the current case, and whether any reasonable observer might perceive a risk of bias. After a thorough analysis, the court found that the applicant's allegations did not establish a reasonable apprehension of bias. The prior involvement of the judge did not create a situation where the judge's impartiality could be questioned to the extent required by law. Consequently, the court dismissed the application for disqualification.
Orders
Orders of the court
1. The application for disqualification be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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