Appeal from:
Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
File number:
NSD 1386 of 2024
Judgment of:
PERRY, ABRAHAM AND KENNETT JJ
Date of judgment:
15 May 2026
HUMAN RIGHTS – where the respondent registered for the appellants’ women-only mobile phone application – where access was granted by AI software but then restricted upon review by an individual – where the respondent sought re-admission to the application and the appellants refused – where the primary judge made a declaration that the appellants engaged in unlawful indirect discrimination under s 5B(2) of the Sex Discrimination Act 1984 (Cth) (SDA) – where the appellants challenge this declaration and the respondent cross-appeals seeking a declaration that the appellants engaged in direct discrimination – whether the appellants engaged in unlawful direct discrimination in contravention of s 5B(1) of the SDA on the basis of gender identity by excluding the respondent from the application and then refusing to re-admit the respondent to the application
Why aren’t so many women in the mainstream community utterly outraged by this Court verdict? Women’s activism has been so successful in many areas but why do so many women appear unconcerned about the implications of this? Is it misguided kindness?
We are outraged but the mainstream media chooses not to mention us in their coverage. And many women just simply don’t know what is happening due to extensive censorship of this issue in the press and yes, misguided kindness.
reckon you are spot on!
I feel sick. This is a disgraceful and heartbreaking decision. My heart goes out to Sall Grover.