A transgender woman who won Australia’s landmark ‘what is a woman’ case has taken the extraordinary step of filing a cross-appeal, seeking to upgrade the judgment – as JK Rowling weighs in on the bitter court battle.
In September, Roxanne Tickle won a Federal Court case against Sall Grover, the founder of the app Giggle for Girls.
Ms Grover had banned the 54-year-old from the app in 2021, arguing it was for women and Ms Tickle was biologically male.
Ms Tickle had identified as a woman since 2017, undergoing surgery two years later and getting a new birth certificate that lists her sex as female.
Justice Robert Bromwich found Ms Tickle had suffered indirect discrimination, ordering Ms Grover to pay $10,000 in damages – a small fraction of the $200,000 that was being sought – and to cover legal costs.
The ‘Tickle vs Giggle’ case made global headlines because it is one of the first times the vexed question of ‘what is a woman’ has been tested in the courts, with the judge sensationally ruling that ‘sex is changeable’.
Ms Grover, 40, is appealing the case, having previously told this publication she was prepared to go all the way to the High Court.
The mother-of-one is now being supported by prominent gender activist and Harry Potter author JK Rowling.
Giggle founder Sall Grover (pictured) is appealing last year’s judgment, having previously told this publication she was prepared to go all the way to the High Court
The mother-of-one is now being supported by prominent gender activist and Harry Potter author JK Rowling (pictured)
It’s understood the pair are planning to meet in the UK next month.
But now Ms Tickle has filed a cross-appeal seeking to elevate the court’s finding from indirect to direct discrimination.
She also aims to increase the awarded damages and aggravated damages significantly beyond the initial $10,000 compensation and legal costs, which were capped at $50,000.
The move was confirmed by her legal firm, Barry Nilsson.
‘A cross appeal has been filed and there will be a case hearing to determine it,’ Senior Associate Tinashe Makamure said.
‘It’s just looking particularly on the finding of indirect discrimination… and whether the legal tests that were applied were correct.’
Ms Grover officially filed her own appeal this week, declaring her determination to defend the integrity of women-only spaces.
‘Our mission has always been to provide a refuge for women, where they can connect, support, and express themselves freely without the intrusion of biological males,’ Ms Grover said.
Despite winning the case, Roxanne Tickle (pictured) has filed a cross-appeal seeking to elevate the court’s finding from indirect to direct discrimination
‘This appeal is about preserving that vision and ensuring the legal system recognizes the reality of biological sex.’
The case has attracted significant public and legal attention, not only for its implications on discrimination law but also for its broader social impact.
The Australian Human Rights Commission (AHRC) has once again applied to intervene in the appeal.
In the first hearing, the AHRC aimed to clarify and assist in interpreting the provisions of the Sex Discrimination Act.
However, they argued solely in favor of gender identity over sex.
For Ms Grover, sex is a biological reality assigned at birth and cannot be changed.
She is pushing for that to be enshrined in law under the Sex Discrimination Act.
The AHRC intervention underscores the case’s importance in shaping future legal interpretations concerning gender identity and sex-based rights in Australia.
For Ms Grover, sex is a biological reality assigned at birth and cannot be changed
JK Rowling sent Ms Grover her ‘total solidarity’ last month
Adding another layer to the legal saga, the Australian Christian Lobby (ACL) has also joined the fray by applying to intervene, in support of Giggle and sex-based rights.
The ACL’s involvement highlights the intersection of religious beliefs with contemporary issues of sex and privacy.
Their legal representation argues that the case touches on fundamental questions of freedom of association and the right to maintain spaces based on biological sex, which they assert should be upheld under the law.
‘This case isn’t just about one app or one individual; it’s about setting a precedent that respects the unique experiences and needs of women in all aspects of life, including the digital realm,’ Ms Grover added.
Ms Grover said that while she welcomes support from various quarters, the core issue remains the protection of women’s rights to single-sex spaces.
‘They’re forcing you to believe that men are women and, if they can force you to believe that, they can force you to believe anything,’ Ms Grover previously told Daily Mail Australia.
‘Politicians cannot campaign to end violence against women and try to look like the good guys when they are literally forcing through legislation for women to not be able to say “no” to men.’
‘Women have to be allowed to say no, it’s that simple.’
The first case management hearing is set for February 12 in the Federal Court in Sydney.
Daily Mail Australia approached Ms Tickle’s representatives for comment.