The Lesbian Action Group welcomes the judgment of the Federal Court delivered on 15 April 2026, allowing our appeal in relation to the Australian Human Rights Commission process.
The Court has set aside the decision of the Administrative Review Tribunal and ordered that the matter be reconsidered by a differently constituted Tribunal according to law. This ensures the case will be reheard afresh by a new panel.
This provides an important opportunity for the Tribunal to properly consider the central issue: whether lesbians, as same-sex attracted women, should be able to define their own spaces, organise their own events, and set clear boundaries.
The Court’s reasons identify serious deficiencies in the earlier decision-making process. In particular, as Justice Mark Moshinsky observed, the Tribunal’s consideration of whether an exemption should be granted was focused on the discrimination that it may create against trans women. His Honour went on to state: “The Tribunal did not merely weigh this as a factor against the grant of the exemption; it gave decisive weight to this factor [...].”
Justice Mark Moshinsky found that the Tribunal both overlooked a central feature of the Sex Discrimination Act 1984 (Cth)—namely, that exemptions may be granted where they serve a broader societal benefit—and failed to meet its s 10A duty to properly balance rights. His Honour confirmed that the Tribunal failed to discharge its s 10A duty to fully consider the Group’s human rights. The Group’s position is that this includes the right of lesbians to organise and gather as lesbians.
These findings underscore the importance of lawful, careful and balanced decision-making by public bodies tasked with protecting rights.
The Lesbian Action Group will continue to pursue this case to seek confirmation that the law recognises the right of lesbians to gather, organise and associate on a same-sex basis. We now look forward to the matter being reconsidered in accordance with the Court’s orders.
The Federal Court has handed down its judgment on the LAG v AHRC. case.
You can read the full judgment here
The Federal Court has established an online file in view of the public interest in this matter. Documents from the proceeding are being added to this online file in accordance with a protocol laid down by the Court. The online file can be accessed here.
The Affiliation of Australian Women's Advocacy Alliances (AAWAA) has made a submission to the UNHCR for their report on violence and discrimination against lesbians. The LAG case was used as one of the key sources of information for the submission. Read more about it here
LGB Alliance Australia has made a submission to the UNHCR for their report on violence and discrimination against lesbians. The LAG case was used as one of the key sources of information for the submission. Read the full report here
LAG recently wrote to the Queensland Minister for Health calling for Dr Jillian Spencer to be reinstated. You can read the letter here.
You can view all court documents from Giggle vs Tickle and LAG's submission on this page
You can download a number of important reports from lesbian organisations by visiting our Resources page
You can read LAG's submission on our download page
The Federal Court have allowed LAG's intervention into the Giggle v Tickle case to be heard in August. This will mean that we have another chance to put the argument that men cannot be lesbians to the court. It's very exciting to be part of this history making case.
LAG has applied to intervene in the Tickle v Giggle case that will be heard in the Federal Court in August. We will keep you updated on this new development
You can view LAG video interviews and media releases by visiting our Media page
We have now reached our target of $20000 through the generous donations of our many supporters. The funds raised will be used to fight our legal case in the Federal Court. We are fighting for the rights of lesbians to freely associate without the mandated presence of men who say they are lesbians. Thank you for your support in this fight.
Our legal team has recently been notified that the appeal to the Federal Court will be heard in Febuary 2026 before a single justice rather than the full bench. We believe that the hearing has been pushed back so as to await the outcome of the Tickle v Giggle case which will have a bearing on our case.
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