McGinn v Federal Court of Australia

[2025] FCA 788

FEDERAL COURT OF AUSTRALIA

McGinn v Federal Court of Australia [2025] FCA 788    

File number(s):	NSD 463 of 2025
Judgment of:	JACKMAN J
Date of judgment:	3 July 2025
Catchwords:	PRACTICE AND PROCEDURE – application for disqualification – 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 463 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 by Ms McGinn 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 NSD463/2025, Ms McGinn applies for me to disqualify myself.

2. The submission put forward by Ms McGinn is that I lied in my reasons for judgment in NSD1867/2024 in saying that there is a defence despite the respondent having filed a submitting notice. Ms McGinn referred to that as fabrication, or fabrication of evidence on my part. 

3. I reject those submissions on the basis that they are misconceived, and I see no reason for my disqualification. I therefore dismiss Ms McGinn’s application that I disqualify myself in matter NSD463/2025.

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