Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/8

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PART 1: INTRODUCTION AND SUMMARY OF CONCLUSIONS [1]
PART 2: OVERVIEW OF THE CASE [13]
(a) Leave to the Sex Discrimination Commissioner to appear amicus curiae [13]
(b) Overview of the evidence [16]
(c) Key provisions of the SDA [31]
(d) Pleadings [41]
PART 3: INTERPREATION OF KEY PROVISIONS OF THE SDA [65]
(a) History of amendments to the SDA [65]
(b) Construction of gender identity and s 5B [74]
(c) The special measures exception to discrimination [81]
PART 4: EVIDENCE AND FACTUAL CONCLUSIONS [87]
(a) Ms Tickle [87]
(b) Ms Grover [90]
(c) Giggle and the Giggle App [95]
(d) The removal of Ms Tickle from the Giggle App [108]
(i) Background [108]
(ii) Ms Tickle's account creation and removal [110]
(ii) Conclusions on gender identity discrimination [129]
(e) Other evidence relied upon by the respondents [137]
(i) Expert evidence [138]
(ii) Lay evidence [148]
PART 5: EVIDENCE AND FACTUAL CONCLUSIONS [149]
(a) Is s 22 beyond the scope of Commonwealth legislative power to the extent it prohibits discrimination on the ground of gender identity? [150]
(i) The external affairs power [157]
CEDAW [162]
Art 26 of the ICCPR [181]
(ii) The trading corporations power [189]
(b) Is s 24 of the Births, Deaths and Marriages Registration Act 2003 (Qld) (Qld BDM Registration Act) invalid by reason of inconsistency with the SDA? [197]

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