McGinn v Federal Court of Australia

Case [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

Details
AGLC
McGinn v Federal Court of Australia [2025] FCA 788
Case
[2025] FCA 788
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Ms McGinn sought the disqualification of a judge on the basis of apprehended bias. The application was filed in the context of an ongoing proceeding, wherein Ms McGinn was involved in a dispute with a legal entity. The application was dismissed by the Court, which held that Ms McGinn had not established a reasonable apprehension of bias on the part of the judge.

The legal issue at the heart of this case was whether the judge had demonstrated a level of bias that would warrant disqualification from the proceedings. Ms McGinn argued that prior statements made by the judge indicated a bias against her, while the respondent maintained that no such bias existed. The Court examined the relevant authorities and the circumstances surrounding the judge’s comments to determine if the judge’s impartiality was in question.

The Court held that the comments made by the judge, while critical, did not give rise to a reasonable apprehension of bias. It was found that the judge had not demonstrated any pre-existing commitment to a particular outcome in the case, and that the comments were made in the context of a legal argument rather than a personal opinion. Consequently, the application for disqualification was dismissed. The Court emphasised the importance of maintaining public confidence in the judicial system and the need to ensure that applications for disqualification are approached with caution. The orders reflect the Court’s decision to dismiss the application, and the matter will proceed before the originally assigned judge.

Orders

Orders of the court

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.

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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