Australia's 'what is a woman' case takes explosive turn as trans woman fights for larger damages payout

Daily Mail​

4 days ago

A transgender woman is demanding the founder of a female-only app pay her at least $40,000 after the platform creator laughed at a caricature of her during court.
Sall Grover, who founded Giggle, an online platform for women, was found to have 'indirectly discriminated' against Roxanne Tickle during a landmark 'what is a woman' case before the Federal Court in August last year.
Ms Tickle has identified as a woman since 2017, undergoing surgery two years later and obtaining a new birth certificate that lists her sex as female.
Ms Grover had banned the 54-year-old from her app in September 2021, arguing it was for women and Ms Tickle was biologically male.
The Giggle founder has appealed the Federal Court ruling, with the hearing set for August 4 to 7 before Justice Melissa Perry, Justice Geoffrey Kennett, and Justice Wendy Abraham.
Ms Tickle is also appealing parts of the Federal Court's decision, claiming Judge Robert Bromwich should have ruled that she was a victim of direct discrimination.
Justice Bromwich awarded Ms Tickle $10,000 after Ms Grover briefly laughed at an 'offensive caricature' of her when she looked at it during cross-examination.
Ms Grover's chuckle was found to be in the moment 'offensive and belittling,' with Justice Bromwich dismissing the app founder's explanation.
'Her explanation, that it was funny in the context of the courtroom, was obviously disingenuous,' Justice Bromwich said.
Justice Bromwich accepted Ms Grover was 'expressing, if (as I accept) hurtful belief that Ms Tickle is a man' and declined to award aggravated damages.
However, Ms Tickle has labelled the $10,000 general damages award as 'manifestly inadequate' in her cross-appeal submission seen by The Australian.
In the submission, Ms Tickle claimed she should be awarded at least $30,000 in general damages and at least $10,000 in aggravated damages.
Ms Tickle said the laughter inflicted hurt which was more than 'slight' and was compounded with 'disparaging and hurtful comments' Ms Grover had made in public forums about transgender women.
The submission added Ms Grover 'engaged in a sustained attack on Ms Tickle's integrity and gender identity, infused with innuendo' and that Ms Tickle and transgender women generally, 'pose a threat or danger to cisgender women'.
Included in Ms Tickle's submission was a complaint that Ms Grover consistently and continually misgendered her throughout the court proceedings and during her gender-identity 'campaign'.
'The impact on Ms Tickle was significant, upsetting, exhausting and draining,' the submission read.
The submission argues Ms Tickle was directly and unlawfully discriminated against under the Sex Discrimination Act when Ms Grover refused her access to the app.
It also claimed the judge had wrongly concluded that Ms Grover must first be aware of a person's gender identity in order to discriminate against them over their gender identity.
The submission, which has been prepared by silk Georgina Costello, claims it did not matter whether Ms Grover was aware that Ms Tickle identified as a woman.
It further claims that legislation deliberately uses a wide definition of gender identity, which provides individuals with broad protection from discrimination.
In her cross-appeal, Ms Tickle argues Ms Grover and the Giggle app had a policy in place to exclude men and transgender women from using the online platform.
Refusing to allow Ms Tickle access to the app 'demonstrated a pattern of delegitimising' her gender identity.
The 'Tickle vs Giggle' case made global headlines because it is one of the first times the question of 'what is a woman' has been tested in the courts.
Ms Grover, 40, is appealing that decision and is prepared to go all the way to the High Court.
She also lodged a formal complaint with the United Nations Human Rights Committee, challenging the Australian government over the Federal Court ruling that 'sex is changeable'.
Ms Grover's submission to the UNHRC argues that the Federal Court ruling violates women's rights under international law by eliminating sex as a legally protected category and forces women to address men as women.
She is calling on the UNHRC to intervene before the Giggle appeal is heard in August to ensure that 'the Australian Government is held accountable for its misinterpretation of international human rights law.'
Ms Grover's appeal claims Justice Bromwich failed to consider the broader context of the Sex Discrimination Act.
Her appeal team will argue Giggle's female-only policy should not be considered discriminatory as it was intended as a special measure addressing the unique disadvantages women face while using digital platforms.
The mother-of-one said the ruling had already set a dangerous precedent, with the banning of female-only lesbian events.
'This is not a culture war; this is about the fundamental human rights of women and girls,' Ms Grover said.
'Women fought for generations to have spaces free from male presence - whether in crisis shelters, prisons, sports, or social networks.
'That right has now been stripped away by an activist legal interpretation that compels women to accept men in female-only spaces and punishes them for objecting. That is not progress; that is oppression.'
Ms Grover told Sky News on Wednesday she was angry she had to fight for rights 'we already had' under the Sex Discrimination Act.
'There's a lot of apprehension and anger and a bit of bitterness and also optimism and excitement that this will all finally be over soon, after three and a half years,' Ms Grover said.
'Your right as a man to wear a dress cannot override the rights of women to have women-only spaces, it's that simple.'
The business woman turned activist has set up a crowdfunding campaign to help cover the expensive costs of the proceedings.
The crowdfunding campaign has received donations from people located all around the world.