A recent press article notes a disturbing Tribunal decision: ‘Humiliated’: Trans worker awarded $35,000 in landmark ‘dead-name’ ruling (The Australian; 17 Sept 2026; paywalled). It is a case worthy of comment here because a casual reading might suggest that merely
Neil Foster
Neil Foster is a legal commentator and writer who focuses on issues at the intersection of law, religion, and society, particularly within the Australian context. His work often addresses contemporary legal debates involving religious freedom, discrimination law, and ethical questions in areas such as aged care, voluntary assisted dying, and employment in religious institutions. He also engages with legal scholarship and current events related to law and religion, including analysis of legislation, court cases, and academic publications. His commentary includes detailed examination of constitutional provisions, statutory interpretation, and the balancing of competing rights and interests in legal settings.
Special leave denied in Giggle v Tickle
I am disappointed that the High Court of Australia has denied special leave to appeal the decision of the Full Court of the Federal Court in Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64 (15 May 2026). The…
Religious Liberty Lecture and Conference, Uni of Notre Dame, Sydney
For those interested in Religious Freedom issues, I recommend the Religious Liberty Lecture and Conference being held at the University of Notre Dame, Sydney, on September 17-18, 2026.
On Thursday evening Sept 17 the Religious Liberty lecture will be delivered by…
YOU BE THE JUDGE! Newcastle City Legal breakfast
Lawyers invest their time evaluating evidence, interpreting statutes, and seeking justice within a framework designed to maintain social order. But what happens when the foundations that undergird a legal system are systematically erased? How does a shift from absolute truth…
Kirralie Smith- transgender vilification and sport
I have previously written about the case of Kirralie Smith. Ms Smith is part of an advocacy organisation, Binary Australia Ltd, which advocates for sex-based rights, especially for women, and sometimes posts about biological males who have been allowed…
Giggle v Tickle- further response on “special measures”
The debate around whether a women-only app can exclude those born male is continuing. The decision of the Full Federal Court in Giggle v Tickle holds that it was unlawful for Sall Grover to exclude Roxanne Tickle from the “Giggle…
Academic conference on Jurisprudence and Theology, 2027- call for papers
On behalf of the organisers, I am happy to post (for academic, and academically inclined, readers!) a call for papers for a symposium to be held in Melbourne in February 2027.
Call for Papers
Seventh Annual Symposium on Jurisprudence and…
Giggle v Tickle and religious freedom- response
Professor Paula Gerber has published a response to my critique of her previous piece on the Giggle v Tickle case. In her article, “Giggle v Tickle is about sex discrimination, not religious freedom” (ABC Religion and Ethics, 17…
Giggle v Tickle comment on ABC website
I have published an opinion piece on the ABC Religion and Ethics website commenting on the litigation in Giggle v Tickle: “Why the Giggle v Tickle judgement is bad for women’s rights and a risk to religious freedom“.…
Giggle v Tickle, the Federal Court Appeal- Two Steps Back
The Full Court of the Federal Court of Australia has handed down its long-awaited decision in Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64 (15 May 2026). I commented on the trial decision in this case in an…