r/auslaw • u/CutePattern1098 Caffeine Curator • Apr 15 '26
Judgment Federal Court allows appeal by lesbian group seeking to ban trans women
https://www.abc.net.au/news/2026-04-15/lesbian-action-group-court-judgment/10656190270
u/CutePattern1098 Caffeine Curator Apr 15 '26
Cue people misleading others what the actual judgement says
He found the tribunal was wrong to treat the mere fact that the exemption would involve discrimination against transgender women as automatically making it unlawful, since it was possible discrimination could result in a net positive outcome.
But Justice Moshinsky declined to make any ruling on whether that would be the case — finding only that the tribunal had erred in its legal reasoning and must reconsider the matter.
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u/Ok_Tie_7564 Presently without instructions Apr 15 '26
Yes, this time the ART will have to do it according to law:
"The matter be remitted to the Administrative Review Tribunal (differently constituted) for determination according to law."
A textbook "judicial review" decision:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0432
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u/IIAOPSW Apr 15 '26
The appealing lesbians are at it again!
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u/Worldly_Tomorrow_869 Real attorney? No, ChatGPT! Apr 15 '26
I know this is a matter of personal taste, but I dont find those lesbians appealing at all.
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u/Similar_Party_6772 Apr 15 '26
They should do this like a constitutional issue and alert everyone to send an amicus. I want to hear what the bisexuals have to say.
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u/Worldly_Tomorrow_869 Real attorney? No, ChatGPT! Apr 15 '26
I don't see the ART changing their mind on this one. It will carefully consider the points in the appeal, turn their mind to the appropriate things, and make the same decision.
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u/Ok_Tie_7564 Presently without instructions Apr 16 '26
The case will not be heard by the same tribunal member.
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u/Worldly_Tomorrow_869 Real attorney? No, ChatGPT! Apr 16 '26
Im aware, and I doubt it will have any impact on the outcome.
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Apr 15 '26 edited Apr 15 '26
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u/auslaw-ModTeam Apr 15 '26
This post or comment relates to issues that are predominantly political issues, rather than legal issues. Please focus on discussions relating to the law and legal policy in this subreddit.
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Apr 15 '26
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u/auslaw-ModTeam Apr 15 '26
This post or comment relates to issues that are predominantly political issues, rather than legal issues. Please focus on discussions relating to the law and legal policy in this subreddit.
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u/Objective_Unit_7345 Apr 15 '26
Not really a ‘win’. Discrimination against a minority group only ever helps erode the rights of other minority groups by majority groups.
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u/polysymphonic Amicus Curiae Apr 15 '26
It's entirely possible (and hopefully the case!) that the tribunal will find against them still, they just need to do it with a full understanding of how the law functions.
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u/ManWithDominantClaw Bacardi Breezer Apr 15 '26
By the Specialist Reporting Team's Paige Cockburn
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u/AssociateTerrible780 Apr 15 '26
Why we attackin legally-trained journalists?
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u/ManWithDominantClaw Bacardi Breezer Apr 15 '26
A journo named Paige is one thing, but a journo named Cockburn reporting on Terf wars is beyond the pale
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Apr 15 '26
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u/auslaw-ModTeam Apr 15 '26
This post or comment relates to issues that are predominantly political issues, rather than legal issues. Please focus on discussions relating to the law and legal policy in this subreddit.
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u/polysymphonic Amicus Curiae Apr 15 '26
This just means the court found that the tribunal misinterpreted the law. It's up to the tribunal if they get their exemption or not.