Giggle for Girls v Tickle [2026] FCAFC 64
Giggle created an app as a safe online space for women. Born male, Tickle had gender change surgery and was recorded as female. When her access was blocked, Tickle sued Giggle for sexual discrimination7.
The ordinary meanings of ‘woman’ and ‘female’ became relevant in this context. It was noted that gender ‘is not merely a matter of chromosomes’ and is ‘partly a psychological question’8 . The meaning of ordinary words is a question of fact, cannot generally be proved by evidence, and is ‘not something to which the principles of stare decisis apply’. iTip – previous cases may be of assistance, but much will depend on the statutory context – see Karam below.
This principle is from Episode 133 of interpretation NOW!
Footnotes:
7 s 22 Sex Discrimination Act 1984 (Cth).
8 [279]; SRA (1993) 43 FCR 299 (325) quoted.