foundational to her claim, that the respondents excluded her from the Giggle App because she is a transgender woman.
116 How the Giggle App blocking mechanism actually worked was not explored in cross-examination. I am left to conclude on the available evidence that when Ms Tickle's account was restricted, it was because her account had been blocked from the Giggle App. That is, I infer that the limited features Ms Tickle was able to access at this point were a consequence of that form of blocking.
117 Ms Grover gave evidence in cross-examination that she did not remember removing Ms Tickle from the Giggle App, and so was not sure of the exact date the removal occurred. There is some lack of clarity about this, because annexed to one of Ms Grover's affidavits is a tweet by Ms Tickle on 24 January (presumably in 2022) saying that she had only then been removed from the Giggle App, and then re-admitted to the App. Ms Grover denies that Ms Tickle still had access to the Giggle App at that time. I am unable to determine what in fact took place in relation to later access, but it does not have any material bearing on the conclusions I reach.
118 After noticing her account restriction, Ms Tickle tried to contact Giggle through its in-App contact form. Ms Tickle relied upon evidence of her in-App messages having been sent as evidence of them having been received, but evidence of sending does not necessarily equate to evidence of receiving. While there is a rebuttable presumption that this is so for electronic communications in s 161(1)(d) of the Evidence Act 1995 (Cth), sufficient doubt has been raised by Ms Grover's evidence on this topic for the presumption not to apply: see the chapeau to's 161(1). Her evidence was that, after a user had been blocked, no in-App messages would be received by Giggle from that user: see [105] above. I am not otherwise satisfied that the in-App messages that Ms Tickle sent were in fact received, let alone that they were received by Ms Grover.
119 On 4 October 2021, Ms Tickle sent an email to Ms Grover's email address and an email address from Giggle that had sent her the initial welcome email after setting up an account. The following exchange occurred:
- (a) Ms Tickle (4 October 2021 at 1:11 pm)
Subject: Help Desk Request
Hi Sall,
I sent this message through your app a week ago and haven't received a response as yet. Sorry to disturb you, but would you mind passing it on to the
