Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/34

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be given access that Giggle App. Ms Grover's evidence was open to challenge on the basis of that apparent inconsistency, but this did not take place.

93 Ms Grover's views on sex and gender by the time of the trial were clear. In cross-examination, Ms Grover maintained her position that she views Ms Tickle as a biological male. In crossexamination, Ms Grover was asked whether she would accept as a woman a person who was assigned male at birth but has since transitioned genders medically, socially and legally by having gender reassignment surgery, dressing and making changes to their appearance that align with what is generally considered more female appearance, introducing and describing themselves as a woman and legally changing their birth certificate to have their sex recorded as female. Ms Grover confirmed that she would not view that person as a woman, and did not agree that in Australian society the natural and ordinary contemporary meaning of the word woman encompasses women who were assigned male at birth and have since transitioned legally to be women. Ms Grover made clear in cross-examination that she does not differentiate between people who were assigned male at birth, even if they have since transitioned to become transgender women, stating "they're male people".

94 Ms Grover estimated that, in 2020, she would have had approximately 45,000 Twitter followers. On that platform, since the commencement of these proceedings, she has frequently described Ms Tickle as a man. She has also made posts stating that a man wants access to a female space, and given interviews to various news outlets that Ms Tickle is a man who wants access to the Giggle App which is a female space. This evidence was given in a matter-of-fact manner, and I am satisfied reflected a genuinely held position, rather than a view expressed only to offend Ms Tickle. That is important in light of authority on the absence of bona fides being relevant to the question of aggravated damages.

(c) Giggle and the Giggle App

95 Giggle was incorporated on 8 March 2019. As noted above, Ms Grover's evidence is that the Giggle App was developed in 2019 with the help of her father. She further deposed to it being unofficially launched as a beta version in February 2020. Her evidence is that the Giggle App was originally conceived to be what she described as a women-only safe space on the internet, where women could search for roommates and employment opportunities, network, commune and engage in discussion. Its ambit was broadened during its initial development, with additional features added, which she described as allowing women to connect for emotional


Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
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