this formed any part of the reason for denying access. This could have been tested or clarified in cross-examination, but was not.
24 It is most likely that Ms Tickle was denied user access to the Giggle App as a result of a general review process by a natural person of the AI acceptances of registration, rather than by reason of her being singled out. This was probably carried out by Ms Grover herself despite her having no specific recollection of having done so, but may have been done by someone else at Giggle, to the extent that such assistance was provided. Again, this could have been clarified in cross-examination, but it was not.
25 On 8 March 2022, the AHRC advised Ms Tickle that the respondents had declined to participate in conciliation. On 5 April 2022, a delegate of the President of the AHRC provided Ms Tickle with notice that the complaint was being terminated pursuant to s 46PH(1B)(b) of the AHRC Act, on the ground that they were satisfied that there was no reasonable prospect of the matter being settled by conciliation.
26 The making of the complaint to the AHRC and it being terminated enabled Ms Tickle to bring a gender identity discrimination proceeding in a designated Court, being either this Court or Div 2 of the Federal Circuit and Family Court of Australia (formerly the Federal Circuit Court, and for convenience referred to by that name): see s 46PO(1) of the AHRC Act.
27 Ms Tickle initially brought and then discontinued a proceeding in the Federal Circuit Court in the short period between June and July 2022, as explained in Tickle v Giggle No 1 at [4]. She then commenced this proceeding in this Court in December 2022, and was granted an extension of time for the bringing of this second proceeding for the reasons given in Tickle v Giggle No 1 at [5].
28 In August 2022, between the end of the first proceeding in the Federal Circuit Court in June to July 2022 and the commencement of the proceeding in this Court in December 2022, Giggle ceased to make the Giggle App available to anyone. The respondents asserted that this would remain the position unless and until their conduct was found to be lawful. That intention was not challenged. I therefore accept that to be the position, even if it might later change.
29 In her amended statement of claim, Ms Tickle alleges, and the respondents admit, the following background facts:
- (a) Giggle is an Australian proprietary company, limited by shares, and is wholly owned by, and operated through, a holding company, WADD Holdings Pty Ltd. However, the
