Federal Court of Australia
McGinn v Federal Court of Australia [2025] FCA 790
File number(s): | NSD 536 of 2025 | |
Judgment of: | JACKMAN J | |
Date of judgment: | 3 July 2025 | |
Catchwords: | PRACTICE AND PROCEDURE – application for disqualification – application dismissed | |
Legislation: | Civil Liability Act 2002 (NSW) | |
Division: | General Division | |
Registry: | New South Wales | |
National Practice Area: | Administrative and Constitutional Law and Human Rights | |
Number of paragraphs: | 1 | |
Date of hearing: | 3 July 2025 | |
Counsel for the Applicant: | The Applicant was a litigant-in-person | |
ORDERS
NSD 536 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 matter NSD536/2025, Ms McGinn applies for me to disqualify myself from hearing the matter. As far as I am able to understand the submissions, Ms McGinn alleges that I failed to consider an argument in cases which I have heard earlier today to the effect that a Registrar of the Federal Court does not have power to refuse to accept documents for filing on the ground of lack of jurisdiction. Ms McGinn also made reference to s 5R of the Civil Liability Act 2002 (NSW). Ms McGinn submitted that I am unable to bring a fresh mind to bear on the present matter in light of the decisions which I have already made today. I emphasised that I am open to persuasion by Ms McGinn in relation to her application in matter NSD536/2025 and I reject her application for my disqualification.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice Jackman. |
Associate:
Dated: 11 July 2025
