baths in Coogee, Sydney. The interaction was on reasonably civil terms, the extract below being indicative of the tone of the entire exchange:
Sall Grover ([redacted Twitter handle]), 14 January 2021: The McIver Ladies Baths "female children only" status should not be changed because of an onslaught of abuse. Please sign this petition so that women's hard won rights of female spaces continue in this beautiful space. [The post linked to a webpage on ipetitions.com titled "Petition Keep McIver's Ladies Baths Women & Children Only"]
Roxy Tickle ([redacted Twitter handle]), 14 January 2021: Your tweet is a little misleading. Trans women, who are morally and legally women, have been going to the baths, without problem, for years. As trans women are legally women, should you wish to have trans women excluded from women's spaces you need to talk to the government.
Sall Grover ([redacted Twitter handle]), 15 January 2021: They have been – because, as management said, transitioned trans women were welcome. But that wasn't good enough for the "activists". They want it to be self ID. That's what started this whole thing.
Roxy Tickle ([redacted Twitter handle]), 15 January 2021: How do you define "transitioned" though? The law defines it as somebody that has commenced transitioning, not completed transitioning. I don't know if you have thought about it from our side, but it is actually terrifying to go swimming as a trans woman.
Sall Grover ([redacted Twitter handle]), 15 January 2021: I have a lot of empathy for that, I really do. But changing the rules of female spaces isn't the answer. It's not right or fair. A lot of women enjoy female spaces because of the camaraderie & safety. I feel like trans women should have that with trans women, in these situations.
109 It was during or after the above interaction that Ms Tickle first heard that Ms Grover operated the Giggle App. Ms Grover's evidence is that she did not know Ms Tickle was the person that she interacted with on Twitter until she revisited her Twitter history after the AHRC complaint was made.
(ii) Ms Tickle's account creation and removal
110 Ms Tickle's evidence is that, in February 2021, she downloaded the Giggle App from the Apple App Store and completed the in-app registration process by providing her mobile phone number, selecting a username and taking a selfie. Ms Grover neither confirms nor challenges that evidence. It stands uncontradicted and accordingly I accept that this is what took place.
111 Ms Tickle's evidence is that the Giggle App notified her that her selfie would be assessed by Kairos AI and by a person from Giggle to determine if she was female. It is not clear what constituted this notification, but nothing turns on this, noting that of itself this is no more than the expression of an intention and is not evidence as to what actually happened, especially in relation to any assessment by a person. Ms Tickle's evidence is that the Kairos AI determined
