19 In the period between February and sometime in September 2021, Ms Tickle had access to the Giggle App's features and used it to read content posted by other users. In September or early October 2021, Ms Tickle logged on to the Giggle App, but found that she could no longer post content or comment on other users' posts, or read comments on posts made by other users. That is, the functionality of the Giggle App had become limited for her as a user. When she attempted to purchase premium features on the Giggle App, she received a "User Blocked" message. Her attempts to contact Giggle via the in-App contact form received no response.
20 In October 2021, Ms Tickle sent a series of eight emails about being blocked to a general Giggle email address and Ms Grover. Ms Grover responded by replying to the first of those emails, requesting that Ms Tickle provide her phone number. That email from Ms Grover included, as part of her email signature block, a mobile telephone number. Ms Tickle provided a mobile number by reply email, but says she did not receive any response, an assertion that is only correct if this is understood as meaning that no subsequent conversation or email response took place, because her affidavit evidence states that she later missed a call from Ms Grover. In late October 2021, Ms Tickle tried to contact Ms Grover by SMS and two phone calls, at the number listed in Ms Grover's email signature. Other than the missed call, there was no response.
21 On 5 December 2021, Ms Tickle made a complaint to the AHRC under s 46P of the AHRC Act, naming both respondents, and asserting that, by being given limited access to the Giggle App, she was being discriminated against on the basis of her gender identity. The original complaint did not specify the provision of the SDA that she alleged had been breached.
22 On 20 January 2022, the AHRC sent a copy of the complaint to the respondents. On 3 March 2022, the respondents replied, declining to participate in AHRC conciliation processes.
23 The Giggle App enabled there to be a later examination by a Giggle staff member of any photographs submitted, assessed and accepted by the AI software for the purposes of user access. That staff member could reach a different conclusion as to whether a person was female, which could result in a user being denied access to the Giggle App. A substantial number of persons whose photographs were accepted by the AI software were subsequently examined and were denied user access to the Giggle App. Ms Grover's evidence was that a large number of men had attempted to access the Giggle App. However, given her belief as to what the word man means, it is unclear if this included transgender women, and if so, whether
