Federal Court of Australia
McGinn v High Court of Australia (No 3) [2025] FCA 846
File number(s): | NSD 544 of 2025 |
Judgment of: | JACKMAN J |
Date of judgment: | 21 July 2025 |
Catchwords: | PRACTICE AND PROCEDURE — application for disqualification on alternative grounds of apprehended and actual bias — application dismissed |
Legislation: | Federal Court of Australia Act 1976 (Cth) |
Cases cited: | McGinn v High Court of Australia (No 2) [2025] FCA 795 |
Division: | General Division |
Registry: | New South Wales |
National Practice Area: | Administrative and Constitutional Law and Human Rights |
Number of paragraphs: | 3 |
Date of hearing: | 21 July 2025 |
Counsel for the Applicant: | The Applicant appeared 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: | 21 JULY 2025 |
THE COURT ORDERS THAT:
1. The application for disqualification on the alternative grounds of actual and apparent bias 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 The matter is listed before the Court today to deal with an interlocutory application dated 13 July 2025 in which Ms McGinn seeks an order to stay Orders 2 and 3, which I made on 3 July 2025. At the outset of the hearing, Ms McGinn applied for me to disqualify myself on the ground of apprehended bias from hearing the interlocutory application listed today, and on the ground of actual bias from hearing any aspect of these proceedings at all. As I indicated, in McGinn v High Court of Australia (No 2) [2025] FCA 795 at [7], the circumstances of the various hearings, which I conducted on 3 July 2025, appeared 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.
2 My state of mind was no different from that which I expressed at paragraph [7] of that judgment. Accordingly, I provided Ms McGinn with an opportunity to be heard in relation to whether the Court should make a vexatious proceedings order. I am not aware of any matter which would preclude me from hearing the stay application listed today, or any other issue arising in NSD544/2025. I do not have a personal interest in the matter, and I cannot see how a fair-minded observer might reasonably apprehend that I might not bring an impartial mind to the resolution of the matter.
3 Accordingly, I dismiss the application that I disqualify myself on the alternative grounds of actual and apparent bias.
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: 22 July 2025
