In short:
A court ruling that the exclusion of transgender woman Roxanne Tickle from a female-only app was discriminatory has been upheld.
Roxanne Tickle has been awarded $20,000 in damages in the case against the Giggle for Girls app and its CEO Sall Grover.
A judge previously ruled Ms Tickle was discriminated against due to her gender identity after her access to the social media platform was restricted in 2021.
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The full court of the Federal Court — comprised of Justices Melissa Perry, Wendy Abraham and Geoffrey Kennett — on Friday found there were two instances of direct discrimination against Ms Tickle.
That included when Giggle and Ms Grover refused to re-admit Ms Tickle.
The court has reassessed damages and awarded $20,000 plus limited court costs.
Ms Grover left the Federal Court without making any comment.
Ms Grover’s lawyers had attempted to invoke a carve out of discrimination law which exempts measures designed to achieve substantive equality between men and women, but that contention failed.
The appeal judges found the primary judge was correct in his decision in relation to the special measures argument.
