The Federal Court of Australia is set to hear a landmark case onfthe Sex Discrimination Act (Australia) as it relates to Convention on the Elimination of All Forms of Discrimination against Women and Girls (CEDAW). The applicant, Roxanne Tickle, is biologically male and legally recognised as female on his Queensland issued birth certificate. He alleges that Giggle for Girls, the respondent, has discriminated against him based on his appearance not aligning with societal expectations of women who are biologically female.
Sall Grover is the founder and CEO of Giggle for Girls (Giggle) , a female only social networking app. Giggle, which is currently not available, uses AI as part of its onboarding process to screen out males. In an Australian federal court lawsuit filed on 22 December, Roxanne Tickle claims they were unlawfully barred from using Giggle in September 2021 after it was determined Tickle was male.
Tickle is seeking damages, a written apology and complete access to the platform.
Link to the decision by Judge Bromwich to allow the claim to proceed.
Reem Alsalem, UN Special Rapporteur on violence against women and girls, sought to submit an amicus curae brief but her intervention was denied on the grounds of timeliness and she was directed to provide input to the Australian Human Rights Commission (AHRC). The AHRC is intervening in the case, on the meaning of the word “woman” in the CEDAW. Alsalem expects the Australian Human Rights Commissioner tp bring the submission to the attention of the Australian Federal Court and other parties. In addition, Alsalem wrote a position paper setting out the core message of the input sent to the Commissioner, while expanding some of the supporting arguments.
Position Paper from Reem Alsalem
Grover and Giggle developed a specific crowdfunding platform the case, worried that third party platforms might bow to pressure from activists. The crowd funder can be found here: GiggleCrowdfund.com.
We could not locate a crowd funder for Tickle. It has been reported that his lawyers are acting ‘pro bono’. Tickle has also reportedly received an indemnity against an adverse costs order of up to $50,000 by a specialist non-profit litigation funder known as the Grata Fund, which is a partner of UNSW Law & Justice.
The Sex Discrimination Commissioner and the Australian Human Rights Commission is taxpayer funded but is not arguing Tickle’s case or acting for Tickle in any legal capacity. The Sex Discrimination Commissioner is acting as friend of the court and her job is to assist the court on the proper construction of the relevant law.
Status
The case in being heard in federal court in Sydney, Australia. Evidence is expected to begin on Tuesday 9 April 2024 and continue for four days.
Live tweet threads
28 April 2023 - Procedural matters hearing
9 April 2024 - Part 1 , Part 2, Part 3
10 April 2024 - Part 1, Part 2, Part 3, Part 4
11 April 2024 - Part 1, Part 2, Part 3, Part 4, Part 5
Legal Analysis & Explanatory Notes
Explanatory Notes – Day One of Proceedings – Tickle vs Giggle
Explanatory Notes - Day Two of Proceedings - Tickle vs Giggle
Explanatory Notes - Day Three of Proceedings - Tickle vs Giggle
Abbreviations
J = Justice Robert Bromwich
Giggle Legal Team
BN = Bridie Nolan, barrister
AR - Alexander Rashidi
BN = Bridie Nolan, barrister
AC = Anca Costin
ZH = Zelie Heger
Tickle Legal Team
GC = Georgina Costello, barrister
EN = Elodie NadonJustice
BG = Briana Goding
AHRC (Australian Human Rights Commission)
ZH = Zelie Hegel (Counsel)
GE = Grame Egerton
LR = Lara Renton
BARRY NILSSON LAWYERS
CD = Corrinna Dowling
TM = Tinashe Makamure
KS = Kylie Stone
RT - Roxy Tickle, applicant
SG - Sall Grover, respondent, CEO of Giggle
Press coverage
Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.
11 April 2024
ABC News Australia - Transgender woman Roxanne Tickle seeks $200,000 in damages in first Federal Court case based on gender discrimination
The Guardian Australia - ‘What is a woman?’: court asked to rule on definition in transgender woman’s case against Giggle for Girls platform
10 April 2024
The Guardian Australia - CEO of female-only app would not address trans woman as ‘Ms’, Sydney court hears
9 April 2024
Gript - ‘Tickle v. Giggle: The case Forcing the Australian Courts to Decide ‘What is a Woman?’
Project TV - What is a woman?
The Spectator - Does Australia know what a woman is?
Sydney Morning Herald - Trans woman sues over ban from app created as female-only ‘safe space’
SBS News - Females-only app that banned trans woman says it was creating a 'safe space'
The Guardian (Australia edition) - Tickle v Giggle: transgender woman sues female-only ‘online refuge’ for alleged discrimination in landmark case
8 April 2024
Sky News Australia - 'Never in my wildest nightmare'
Women’s Agenda - Tickle v Giggle: Transgender woman sues women-only app for alleged discrimination
Women’s Forum Australia - Tickle v Giggle: Women’s Rights on Trial
6 April 2024
The Australian - Giggle case serious test of biological reality of women
30 March 2024
Spectator TV - Sall Grover on the legal battle which could threaten women's rights globally
26 September 2023
Canberra Times - Sex 'changeable': commission backs trans woman's case
1 June 2023
The Guardian - Female-only app represented by Katherine Deves fails to throw out transgender discrimination suit
25 February 2023
4 July 2022
Spectator Australia - Tickle vs. Giggle