Modern Australian
The Times

A historic court victory has upheld transgender rights in Australia. A legal academic explains why

  • Written by Bethany Butchers, Associate Lecturer in Law, University of Newcastle

After a years-long legal battle, the Federal Court of Australia has handed down a judgment in a landmark case about gender discrimination law. It found a transgender woman was directly discriminated against on the basis of gender by being refused access to a women-only social media app.

The case, Giggle for Girls v Tickle, has mobilised special interest and lobby groups and garnered intense media attention. Today’s unanimous decision by three judges affirms the rights of transgender people across the country.

The matter has been long and winding, involving appeals from both sides. Here’s how we got to this point and what the judgment means.

The original case

In August 2024, the Federal Court of Australia made a landmark decision. A female-only social media app, Giggle for Girls, and its chief executive, Sally Grover, were found to have discriminated against Roxanne Tickle, who is a transgender woman.

Grover removed Tickle from the app after looking at Tickle’s selfie and deciding Tickle was a man.

Justice Robert Bromwich said this was indirect discrimination based on gender identity, and ordered Grover to pay Tickle $10,000.

Both sides appealed the decision.

Read more: Roxanne Tickle’s win in the federal court is a historic victory for transgender women

The appeals

In August 2025, the full Federal Court, consisting of Justice Melissa Perry, Justice Wendy Abraham and Justice Geoffrey Kennett, heard the appeal and cross appeal.

In Grover’s appeal, she argued she and Giggle for Girls did not break anti-discrimination laws.

In her cross appeal, Tickle argued she wasn’t indirectly discriminated against, but directly so. She asked for $40,000 in compensation.

The picture grew more complicated when three other parties became involved in the case, having been granted “intervener status”. They each joined the case because these proceedings had the power to decide how the Sex Discrimination Act can be used to protect others in the community.

The Sex Discrimination Commissioner, Anna Cody, who oversees the operation of the Sex Discrimination Act, gave submissions to the court as part of the case. The submissions provided guidance on the legislation, such as the definition of “women”, but did not make any arguments on whether there was discrimination in this specific case.

The Lesbian Action Group, a “lesbian, born female” group in Melbourne, also gave submissions, as did Equality Australia, a national organisation dedicated to equality for LGBTQIA+ people.

The legal issues

The court looked at many complicated issues, including whether the social media app was a “special measure”. Special measures are actions that might seem discriminatory but are allowed because they promote equality.

Grover claimed the app was designed to achieve equality between men and women. She and the Lesbian Action Group argued that “men” and “women” are defined by sex assigned at birth.

Tickle, the Sex Discrimination Commissioner and Equality Australia argued that the definition of men and women is broader, not limited by biological sex characteristics, and as Justice Bromwich found in 2024, sex is “changeable and not necessarily binary”.

The definition is important because it determines whether “women” includes transgender women.

Also, Tickle, Equality Australia and the commissioner argued a “special measure” to promote equality for one group could not discriminate against another. This means special measures designed to help women would not allow different treatment on the basis of other aspects like gender, marital status or sexuality.

If this were the case, a transgender woman cannot be excluded from things made to help women.

The court was also asked to consider whether someone must know about a person’s attribute (such as being transgender) for their actions to count as direct discrimination.

Finally, the court had to consider compensation: how much money should Giggle have to pay Tickle? How should it be worked out? Does the court need to consider community standards? Should Grover’s later offensive conduct and consistent misgendering of Tickle mean she should pay more money?

The judgment

The Federal Court of Appeal found in favour of Roxanne Tickle.

In dismissing the appeal and allowing the cross appeal, the court found excluding Tickle from the app on the basis of Tickle’s gender-related appearance from her selfie amounted to direct discrimination on the basis of being a transgender woman.

This overturned the previous court finding that Tickle had been subject to indirect discrimination.

The finding confirmed direct discrimination on the basis of gender identity does not require the discriminator to know that someone is transgender.

The court also confirmed a “special measure” to promote equality for one group does not protect discrimination on another basis.

The court ordered Grover to pay Tickle $20,000 in compensation (doubling the original 2024 order), which took into account the aggravated conduct of offensive and consistent misgendering.

The significance

This case is not just about the parties directly involved. It reconfirmed it’s unlawful to treat transgender women differently from cisgender women simply because of their gender identity, which includes their gender-related appearance.

It can also affect many others as it helps decide how the Sex Discrimination Act protects people from discrimination, particularly transgender people, LGBTQIA+ people, people who are pregnant or breastfeeding, and people with family responsibilities.

But it may not be the end of it. Because of how important this is, the case is likely to go to the High Court. Grover had said prior to the judgment being handed down that if she were to lose, she planned to appeal again.

All humans have the right to not be discriminated against. Australia does not have a comprehensive national human rights act, so laws like the Sex Discrimination Act are necessary to protect everyone’s right to be treated fairly.

Authors: Bethany Butchers, Associate Lecturer in Law, University of Newcastle

Read more https://theconversation.com/a-historic-court-victory-has-upheld-transgender-rights-in-australia-a-legal-academic-explains-why-262022

Mini Excavator and Trailer Package for Sale: What I Buy as One Deal in 2026

The first client who asked me for a mini excavator and trailer package for sale wasn’t trying to save a few hundred dollars on shipping. They we...

Make Dad a Guest in His Own Home This Father’s Day

Father’s Day can accidentally turn Dad into the unpaid event manager of his own celebration. He lights the barbecue, finds extra chairs, checks wh...

Where to Enjoy Your Off-Road Caravan on the Gold Coast

With a caravan, you can travel anywhere and everywhere without battling the rush of the peak holiday season or last-minute reservations. While the r...

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...