August 2023 — The Lesbian Action Group applied to the Australian Human Rights Commission for a temporary exemption under section 44 of the Sex Discrimination Act 1984 (Cth) to hold lesbians born female only public events.
12 October 2023 — The Commission refused the exemption.
20 January 2025 — The Administrative Review Tribunal affirmed the Commission’s refusal.
17 February 2025 — The LAG filed its notice of appeal to the Federal Court on questions of law.
30 January 2026 — The Commission filed its Respondent’s Outline of Submissions in the Federal Court. Paragraph 4 states: “The Commission submits that the appeal should be dismissed with costs.”
23–24 February 2026 — The Federal Court heard the appeal.
15 April 2026 — Justice Moshinsky allowed the LAG’s appeal, finding legal error. The Court directed that the question of costs be determined on the papers.
29 April 2026 — At the National Press Club, The Women’s Advocate asked AHRC President Mr Hugh de Kretser about a costs order. Mr de Kretser replied, “Yeah, I’m not familiar with that costs order provision.”
1 May 2026 — The Women’s Advocate published an article on the matter, linking directly to the Commission’s filed submission.
26 May 2026 — At Senate Estimates, Senator Henderson asked Dr Anna Cody, the Sex Discrimination Commissioner: “Did you seek any costs against the Lesbian Action Group at all?” Dr Cody answered: “No. We have not sought costs because they won at the Federal Court and they are seeking costs from the Commission.”
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