The Full Federal Court is expected to give judgment in the Giggle v Tickle appeal at 2 p.m. today, potentially reshaping the definition of “sex” under Australian law, with implications for whether women only facilities may legally discriminate against transgender women.
Sall Grover, founder and CEO of Giggle for Girls, who has been battling this case for nearly four years, has indicated she is willing to take the case to the High Court of Australia if the three judges do not rule in her favor.
The origin of the legal battle dates back to 2021 when transgender woman Roxanne Tickle was kicked out of the girls only social networking site following an assessment of her profile picture.
Tickle lodged a complaint with the Australian Human Rights Commission before pursuing the matter in the Federal Court.
The case was decided in August 2024 when Justice Robert Bromwich ruled that Roxanne had suffered indirect discrimination based on her gender identity and awarded her $10,000 in damages and costs.
Sex in its “ordinary meaning” is mutable, Justice Bromwich found, a conclusion that has informed much of the appellate argument.
Grover’s appeal, lodged in October 2024, argued the trial judge had misread the Sex Discrimination Act and eroded sex-based protections.
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Tickle cross appealed in early 2025, seeking a ruling of direct discrimination and increased damages.
The hearing took place in Sydney before three judges of the Full Federal Court early August last year.
The counsel for Tickle included Georgina Costello KC. Amongst others, the matter involved interpretation of the Sex Discrimination Act enacted in 1984 and the 2013 amendments introduced under the Gillard government with the inclusion of gender identity within the scope of the legislation.
There were also arguments relating to the Commonwealth’s constitutional power to legislate in that way.
In describing how costly the proceedings have become to herself, Grover conceded that her legal bills have reached into the hundreds of thousands of dollars via crowdfunding efforts and that an adverse judgment could leave her bankrupt.
Regardless, it is clear that she intends to carry on beyond the Full Federal Court.
Commenting to Sky News last year, Grover expressed a commitment to going as far as the High Court if necessary in order to protect sex based rights for women against the undermining impact of the 2013 amendments.
The case has attracted international attention.
Giggle has the backing of the US based Alliance Defending Freedom International in his defence, while Tickle has received costs support from the Sydney based Grata Fund.
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Whatever the Full Court decides, today’s ruling is widely seen as a stepping stone, not an end point.
The most likely next step in a case that has become a touchstone in the international debate over the legal definition of “woman” is a High Court challenge.
