SYDNEY – The Federal Court of Australia is currently hearing a pivotal appeal in the Tickle v Giggle case, a legal battle that challenges the definition of "woman" under Australian law and has significant implications for the Sex Discrimination Act 1984 (SDA). The case centers on Roxanne Tickle, a transgender woman, who alleges discrimination after being excluded from Giggle for Girls, a social media app designed for women. The original Federal Court ruling in August 2024 found that Giggle for Girls had indirectly discriminated against Ms. Tickle.
The appeal, heard by a full bench of the Federal Court from August 4-7, 2025, sees Giggle founder Sall Grover challenging the initial judgment. Grover maintains that her app is intended as a women-only safe space, arguing that its exclusion policy constitutes a lawful "special measure" under the SDA. Conversely, Ms. Tickle's legal team contends that her exclusion amounts to unlawful gender identity discrimination, asserting that for the purposes of the SDA, Ms. Tickle is a woman.
A key aspect of the legal proceedings involves the interpretation of the Sex Discrimination Act, particularly its 2013 amendments which introduced protections based on gender identity. The Sex Discrimination Commissioner, Dr. Anna Cody, intervened as an amicus curiae ("friend of the court") in the initial proceedings, providing submissions that emphasized the interconnectedness of sex and gender identity discrimination. These submissions, perceived as representing a governmental stance, were substantially relied upon by the court in its initial finding of indirect discrimination. As stated by social media user 'boswelltoday', "These were real legal submissions - made by the government, the Sex Discrimination Commissioner, or accepted by the Federal Court. Every word was serious."
The initial Federal Court decision ordered Giggle to pay Ms. Tickle $10,000 in compensation and cover her legal costs, capped at $50,000. Both parties have since appealed aspects of this ruling, with Ms. Tickle seeking higher damages and a finding of direct discrimination. The case has drawn considerable public attention and significant crowdfunding support for Giggle, highlighting the broader societal debate around sex-based rights versus gender identity rights in Australia.
The outcome of this appeal is anticipated to set a significant precedent for how "sex" and "gender identity" are legally defined and protected in Australia. Legal experts and advocacy groups on both sides are closely watching the proceedings, recognizing the potential impact on single-sex spaces, anti-discrimination law, and the rights of both women and transgender individuals across the country. The court's final decision will clarify the application of the SDA in an increasingly complex social landscape.