Federal Court of Australia

McGinn v High Court of Australia [2025] FCA 794

File number(s):

NSD 544 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 544 of 2025

BETWEEN:

SOPHIA MCGINN

Applicant

AND:

HIGH 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 NSD544/2025, the applicant, again, applies for my disqualification on the ground of actual bias.  The applicant reiterates the five submissions which she made in NSD577/2025

2    Further, the applicant submits that I will not bring a fresh mind to bear on this matter in light of the decision which I made earlier today in NSD1867/2024.  I do not see that those matters can conceivably amount to actual bias on my part and I reject the application for my disqualification.

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