Federal Court of Australia

McGinn v High Court of Australia (No 2) [2025] FCA 795

ORDERS

THE COURT ORDERS THAT:

1.    On the completion of the matters set out in Orders 2 and 3 below, the originating process in NSD544/2025 will be dismissed.

2.    Ms McGinn is to file any affidavits and written submissions in relation to why a vexatious proceedings order should not be made against her by 8 August 2025.

3.    The matter stand over to 14 August 2025 at 10.15am for hearing as to whether a vexatious proceedings order should be made against Ms McGinn.

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    This is an application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) (AD(JR) Act) and the Judiciary Act 1903 (Cth) (Judiciary Act) seeking reasons pursuant to section 13 of the AD(JR) Act of a decision by Registrar Griffin of the High Court of Australia on 11 December 2024 to seek a direction from a Justice under r 6.07.1 of the High Court Rules 2004 (Cth).

2    Rule 6.07.1 provides as follows:

If a writ, application, summons, affidavit or other document (the document) appears to a Registrar on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court, the Registrar may seek the direction of a Justice.

Registrar Griffin declined to provide reasons by email on 12 December 2024.

3    Section 13(1) of the AD(JR) Act provides for reasons for decisions to be obtained where a person makes “a decision to which this section applies”.

4    That expression is defined in s 13(11) as a decision to which the AD(JR) Act applies (being certain decisions of an “administrative character” as defined in s 3(1)), but does not include, relevantly, a decision included in any of the classes of decisions set out in Schedule 2. One of the classes of decisions set out in Schedule 2 is “decisions in connection with the institution or conduct of proceedings in a civil court”: see para (f).

5    The decision of Registrar Griffin was in connection with the institution or conduct of proceedings in a civil court and was therefore not a decision to which s 13 applies. Accordingly, the originating application must be dismissed.

6    Ms McGinn also seeks summary judgment pursuant to r 26.01(1)(e) of the Federal Court Rules 2011 (Cth), apparently on the ground that the respondent has filed a submitting notice under r 12.01 as a party which does not want to contest the relief sought in the originating application. For the reasons given earlier today in relation to NSD1825/2024 and NSD1867/2024, that application is misconceived.

7    Before making orders disposing of these proceedings, I note that I have today heard and decided nine sets of proceedings brought by Ms McGinn in the Federal Court, and a number of interlocutory applications that I disqualify myself on grounds of actual bias. I have also read three interlocutory judgments of Yates J in NSD1070/2024. The circumstances appear to me to raise a question whether the grounds might exist for the Court possibly to be satisfied that a vexatious proceedings order might be made against Ms McGinn under s 37AO of the Federal Court of Australia Act 1976 (Cth), with the effect of prohibiting Ms McGinn from instituting proceedings in the Court without first obtaining the leave of the Court.

8    I am not aware of any other proceedings in the Court which Ms McGinn has already instituted, but if there are, then there is also a question whether an order might be made staying or dismissing those proceedings. I have not made any decision as to whether such orders are appropriate and I am fully open to persuasion by Ms McGinn not to make a vexatious proceedings order.

9    Section 37AO(3) provides, among other things, that the Court may make a vexatious proceedings order on its own initiative.

10    However, section 37AO(4) provides that the Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity to be heard. I have asked Ms McGinn if she wishes to have further time to prepare for an opportunity to be heard on the matter or whether she wishes to be heard today, and Ms McGinn accepted the additional time. I have therefore made orders for the filing of the applicant’s affidavits and written submissions on the matter, which will be listed for hearing at 10.15 am on 14 August 2025.

Associate:

Dated:    11 July 2025