Court Doubles Damages to $20,000
On May 15th, 2026, the Full Federal Court confirmed two acts of direct discrimination in the appeal case of Giggle v Tickle, ruling in favour of trans woman Roxanne Tickle.
This case began when Sall Grover, the CEO of Giggle, denied Tickle access to the platform. Initially, the 2024 ruling found one act of indirect discrimination. Later, the Federal Court identified two instances of direct discrimination based on Tickle’s gender identity.
The court’s decision to double the damages awarded to Tickle to $20,000, along with limited legal costs, provides clarity on the 2013 amendments to the Sex Discrimination Act regarding gender identity discrimination.
Legal Implications and Reactions
Tickle was excluded from the Giggle platform due to her gender identity, which the court confirmed was direct discrimination. The court rejected arguments of a ‘special measure’ defence under the Sex Discrimination Act.
Dr. Anna Cody, the Sex Discrimination Commissioner, participated as amicus curiae to help the court interpret the legislation. She remarked, “This case has prompted significant discussion about how our discrimination laws apply in practice.”
Hugh de Kretser, a prominent legal figure, highlighted the broader implications of the decision, emphasizing the Sex Discrimination Act’s role in ensuring equal participation. He stated, “Everyone should be able to participate equally in our society.”
The case followed a complaint to the Australian Human Rights Commission in 2021, which could not be resolved through conciliation, leading to the legal proceedings.
The Court’s ruling also clarified that the Sex Discrimination Act does not create a hierarchy of rights, nor does it permit discrimination on one ground to assist people discriminated against on another ground.
The decision offers guidance on what constitutes a ‘special measure’ under the Sex Discrimination Act. It ensures protections extend to all women, including transgender women, affirming that they can fully participate in public life.
