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
