Federal Court of Australia

McGinn v Federal Court of Australia [2025] FCA 781

File number(s):

NSD 519 of 2025

Judgment of:

JACKMAN J

Date of judgment:

3 July 2025

Catchwords:

PRACTICE AND PROCEDURE – application for disqualification – application dismissed

Division:

General Division

Registry:

New South Wales

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

2

Date of hearing:

3 July 2025

Counsel for the Applicant:

The Applicant was a litigant-in-person

ORDERS

NSD 519 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    After I had delivered reasons in matter NSD1070/2024, Ms McGinn made a fresh application that I be disqualified from hearing NSD519/2025 on the ground of actual bias.

2    The basis of that application appeared to be an allegation by Ms McGinn that I made my decision in that matter regardless of the evidence in front of me. I reject the submission on the basis that it is misconceived, and I reject the allegation of actual bias which I regard as completely unfounded.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:    11 July 2025