Australian common law has recognised since 1993 that post-operative trans people in Australia have changed their legal sex.. States and Territories acknowledged this during the 2000’s by allowing replacement birth certificates. More recently, the States and Territories extended the BC provisions to include self-identification without surgery or medical diagnosis.

The minority Gillard Government put anti-discrimination provisions protecting GLBTI+.into legislation with the 2013 amendments which received broad support. The recent Tickle v Giggle case that received so much attention from our Murdoch media was a relatively simple case involving discrimination on the basis of gender identity. The court at first instance found indirect discrimination had occurred the Full Court said it was actually direct discrimination and there were two instances, not one.

The respondent, Sally Grover, made a large number of adverse comments about the applicant, Roxanne Tickle on social media and the Court not only awarded an increase in ordinary damages, it also added an amount of for aggravated damages. Ms Grover has indicated she will appeal to the High Court but the fact two courts have already found against suggests she may not succeed.

Grover is now flooding social media via her right-wing contacts and has created a storm the conservative Liberal, National and One Nation parties are trying to use to their benefit as per the Trump model of hate.