Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/13

(c) Ms Tickle is entitled to a declaration of contravention for indirect identity discrimination;

(d) Ms Tickle's claim for general damages succeeds, but her claim for separate and additional aggravated damages fails;

(e) the respondents must pay Ms Tickle compensation in the sum of $10,000;

(f) Ms Tickle's claim for an apology fails because it is futile and inappropriate to require an inevitably insincere apology to be made; and

(g) the respondents must pay Ms Tickle's costs;

(h) the costs in respect of the constitutional validity and statutory construction issues is limited to $50,000, being the cap imposed in respect of those issues by order 3 made on 1 June 2023, for the reasons given in Tickle v Giggle No 1, though I will allow either party to make an application for an alternate order within 14 days, or such further time as I may allow.

PART 2: OVERVIEW OF THE CASE

(a) Leave to the Sex Discrimination Commissioner to appear amicus curiae

13 Under s 46PV of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act), on 16 June and 8 August 2023 I granted leave to the Sex Discrimination Commissioner to appear as amicus curiae (that is, as a friend of the Court) and to make submissions on the following topics:

(a) the construction, meaning and scope of provisions of the SDA dealing with discrimination on the grounds of sex and gender identity;

(b) the construction, meaning and scope of provisions of the SDA dealing with special measures;

(c) the constitutional validity of the amendments to the SDA made by the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) (the 2013 SDA Amendment), based on the respondents' amended notice under s 78B of the Judiciary Act 1903 (Cth) dated 30 June 2023 (amended s 78B notice), understood by the Commissioner to be limited to the validity of s 5B in its application to s 22 of the SDA; and

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