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Federal Appeal Court Weighs Special Measures Defence in Giggle for Girls Transgender Case

The bench tests the limits of special measures under the Sex Discrimination Act by examining a women-only app’s defence for excluding a transgender member.

Overview

  • Giggle for Girls and its CEO lodged an amended notice of appeal introducing a new ground shortly before Monday’s hearing, but the Full Court refused it.
  • Senior counsel Noel Hutley argued that special measures may lawfully disadvantage other groups to advance substantive equality for women.
  • Lawyers for the Sex Discrimination Commissioner warned that permitting a special measures exemption could shield invidious discrimination against protected groups.
  • Roxanne Tickle is challenging the classification of her exclusion as indirect discrimination and seeks to increase her damages from A$10,000 to A$40,000.
  • The four-day Full Court hearing continues in Sydney before Justices Melissa Perry, Geoffrey Kennett and Wendy Abraham.