Gender identity: A case commentary on G iggle v Tickle and related issues

Giggle for Girls Pty Ltd v Tickle (‘ Giggle’ ) is an appellate decision of the Australian Full Federal Court on the ground of gender identity under the Sex Discrimination Act 1984 (SDA). In upholding the decision of the primary judge, the full court rejected the appeal and allowed the cross appeal of transgender woman, Roxanne Tickle, from Tickle v Giggle for Girls Pty Ltd (‘ Tickle’ ). The court found that Ms Tickle had been subjected to direct discrimination, rather than indirect discrimination, in being refused admission to a woman-only app, and increased her damages from AUD10,000 to AUD20,000. Giggle is likely to be of particular interest to UK readers as the outcome is at odds with the decision of the UK Supreme Court in For Women Scotland Ltd v The Scottish Ministers ( For Women Scotland ). In light of ongoing questions about the role of single-sex spaces, brief reference is also made to another recent case, Lesbian Action Group and Australian Human Rights Commission ( LAG ).