Key Points
- The Giggle for Girls app was marketed as a female-only 'safe space' and encouraged women to connect online.
- Roxanne Tickle, who is a transgender woman, was blocked from the app in September 2021.
- A judge has ruled the ban constituted unlawful discrimination and ordered the app and its founder to pay $10,000.
Roxanne Tickle is relieved her legal case sparked by a ban from a female-only app is over, saying it has "stolen the last three years" of her life.
Tickle, a transgender woman, emerged victorious after a judge on Friday found that blocking her from the Giggle for Girls app constituted unlawful discrimination.
The landmark gender-identity case, which found Tickle had suffered indirect discrimination, marked the first time the Federal Court weighed into gender identity discrimination.
"The indirect discrimination cases succeeded because Ms Tickle was excluded from the use of the Giggle app because she did not look sufficiently female according to the respondents," Justice Robert Bromwich said.
The Giggle for Girls app and its founder Sall Grover have been ordered to pay $10,000 in compensation and legal costs — though the decision can be appealed.
'I've been bursting into tears'
The court was told Tickle had undergone gender-affirming surgery and hormone treatments, identified as a woman to family, friends and employers, and used women's change rooms and shops.
She was blocked from the Giggle app in September 2021 on the basis of her gender, despite a birth certificate listing her as female, the court was told during an earlier .
Roxanne Tickle leaving the Federal Court of Australia on Friday. Source: AAP / Dean Lewins
"But a small group of people have taken it upon themselves to declare that I am not who I know I am, and they have set about making my life miserable," she said.
"This case, and the unlawful and discriminatory exclusion from the Giggle app, has stolen the last three years of my life."
She said trans and gender-diverse people are so often the target of "hate and bile simply because of who we are".
"Sometimes it's difficult to remember that not all people are like that," she said.
Tickle became emotional as she recounted how she had felt after learning on Tuesday that a decision in the case would be made this week.
"I've been bursting into tears at different moments because I knew soon this would all be over," she said, her voice breaking.
Giggle for Girls was taken down while the case went through the courts. Source: AAP / Paul Braven
"I brought my case to show trans people that you can be brave and that you can stand up for yourself," Tickle said.
"I know that I can now get on with the rest of my life ... and put all of this horribleness behind me."
Giggle for Girls founder reacts
Legislation from Queensland that was mirrored nationwide reinforced legal precedent that "in its contemporary ordinary meaning, sex is changeable", .
"The acceptance that Ms Tickle is correctly described as a woman, reinforcing her gender-identity status for the purposes of this proceeding, and therefore for the purposes of bringing her present claim of gender identity discrimination, is legally unimpeachable."
But the judge declined to order an apology, remarking any such statement would be through "clenched teeth and utterly devoid of sincerity" due to Grover's sincerely held beliefs on sex and gender.
Grover created the Giggle app as a "safe space" for women to interact with each other, free from male patterns of online violence, the court heard.
The app was taken down while the case went through the courts.
Giggle for Girls founder Sall Grover leaves the Federal Court of Australia in Sydney on Friday. Source: AAP / Dean Lewins
She avoided answering a question about whether Tickle deserved an apology.
"Unfortunately it is the judgement we anticipated and the fight for women's rights in Australia continues," Grover said.
The compensation amount is a sliver of the $200,000 Tickle had sought, half of which was based on a dismissed claim for aggravated damages.
That claim was based on an online campaign allegedly waged against her by Grover largely on the social media platform X, formerly known as Twitter.
Giggle's barrister argued Tickle was a man so it was lawful to exclude her from the app under provisions in the Sex Discrimination Act, adding that the proceedings were the "what is a woman" case.
The court was told Grover had persistently misgendered Tickle in media interviews and across hundreds of posts about the case made to her 93,000 online followers.
'Laws exist to protect all of us'
Sex Discrimination Commissioner Anna Cody said the judgment sent the message that Australia wanted "an inclusive society in which all can participate", including trans people.
She dismissed a reporter's suggestion the decision redefined what a woman was and would allow men into women-only spaces.
"The judge found there are 30 years of legal precedent ... that 'women' includes trans women," Cody said.
"This isn't a new or landmark decision in that way — it is recognising ... that is a part of our law."
Equality Australia CEO Anna Brown said Justice Bromwich had "sensibly interpreted the law".
“This judgment confirms that discrimination laws exist to protect all of us, particularly groups such as trans women who have experienced historical exclusion and disadvantage," Brown said in a statement.
“The judgment also confirms that gender identity as a protected ground of discrimination is constitutionally valid.”
LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit . also has a list of support services.
Intersex Australians seeking support can visit Intersex Peer Support Australia at isupport.org.au
