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Tribunal Tweets 2 #OpenJustice

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Aug 6

Giggle v Tickle Appeal Day 3 (Part 2 second part of morning) Federal Court case NSD1386/2024 Giggle for Girls & Anor v Roxanne Tickle. Heard by Full Bench of Australian Federal Court 4-7 August 2025. Livestreamed here:

Equality Aus:
Given that the stat is always speaking, what ordinary meaning changes over time.
Re GI, that speaks at the end of designated sex at birth. The text shows designation of sex is a social act, performed by someone on behalf of someone else on the basis of markers.

So, an intersex person may not know they are intersex until later in life when trying to become pregnant.
If sex meant biol at birth, it contains substantial surplusite. ... Correctly construes sex is determined at time of alleged discrimination.

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Tribunal Tweets 2 #OpenJustice

@tribunaltweets2

Aug 6

Giggle vs Tickle Federal Court appeal Day 3 Part 1. GC JP asked a qeustion yesterday about purpose (or Purvis?)- definition of appropriate comparator. refers to another case in Qld

(missed section). Qld 2018 decision. the court of appeal extracts definition of disability in Purvis before High court. concept of disability "resulting" in disturbed beahviour. 2 components of reasoning 1/ disability. 2/comparator

Disability. in Purvis the complainant had a condition resulting in disturbed behaviour. Judge: that behaviour couldn't be left out. In relation to GI need to take into account both intrinsic sense of self but also external presentation.

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Tribunal Tweets 2 #OpenJustice

@tribunaltweets2

Aug 5

Day 2, part 2: Tribunal tweets for Federal Court case NSD1386/2024 Giggle for Girls & Anor v Roxanne Tickle. Heard by Full Bench of Australian Federal Court 4-7 August 2025. Livestreamed here. . Justices Perry, Kennett and Abraham presiding (JP, JK, JA)youtube.com/live/ru6pc2tGK…

Back after lunch. NH responds to GC suggestion about new arguments being put. 7D1a is the grounds relied upon. Bromwitch constructed the case as indirect discrimination which meant SG's team's case was not explored in detail. It was a special measure - as was argued.

NH Purpose of the special measure for the Giggle App and seeking to achieve substantial equality for women. Judge Abraham clarified substantial equality is between men and women. NH referred to authorities case law where some women don't wish to access both sex gyms.

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Tribunal Tweets 2 #OpenJustice

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Aug 4

Giggle v Tickle appeal Monday morning part 2. (Opening remarks missed but seems the new ground will be dealt with “as they come to it”). GC some arguments no longer pressed (missed which ones).

NH we propose to look at the history of various provisions. Then proceed to appeal grounds: namely, the question of gender identity, the true meaning in the Act of the word sex, and woman, and man. Section 7d and b and section 5(??) of the Act. Then deal with appeal grounds 1-3

Ground 2 largely dealt with in earlier arguments on construction. JP is the argument that if you win on ground 2 you win? NH section 7d, we submit, operates if there is a special measure to take relevantly my client’s behaviour out of the purview of all of 5-7a, esp 5b.

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Tribunal Tweets 2 #OpenJustice

@tribunaltweets2

Aug 4

These are the Tribunal tweets for Federal Court case NSD1386/2024 Giggle for Girls & Anor v Roxanne Tickle. Heard by Full Bench of Australian Federal Court 4-7 August 2025. Livestreamed here. .
Justices Perry, Kennett and Abraham presiding (JP, JK, JA)youtube.com/live/ru6pc2tGK…

Giggle v Tickle appeal Monday afternoon part 3

NH Turning to 5b. 5b 1 deals with the act of a discriminator by reason of the purpose of the alleged discriminatory. Concerned with subsection 2. Deals with the act or behaviour of the discriminator that has the effect of disadvantaging the person from their GI.

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Jul 22

Kenny McBride is in court today to appeal the outcome of claim of unfair dismissal. Tribunal Tweets has permission to live tweet the proceedings. It is expected to begin at 2 pm today.

Our previous reporting of his tribunal can be found here.
open.substack.com/pub/tribunaltw…

McBride asserts that he posted on a Scottish government intranet site highlighting the Sex Equality and Equity Network (SEEN). He alleges hostile comments in response, leading to him complaining and was dismissed with 24 hours.

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Tribunal Tweets 2 #OpenJustice

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