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