27 Aug 2025 - Equality Australia has welcomed a court ruling that found anti-trans campaigner Kirralie Smith and Binary Australia unlawfully vilified two trans women in a series of social media posts. 

It marks the first time someone has been found to have unlawfully vilified a person for being trans under NSW law. 

In the NSW Local Court on Tuesday, Deputy Chief Magistrate Sharon Freund found that Smith and her anti-trans group Binary Australia incited hatred and serious contempt for the women, who were targeted for playing football with their local clubs. 

“These women were subjected to horrendous harassment online, including being publicly identified, outed and misgendered,” said Equality Australia Legal Director Heather Corkhill. 

“People who target vulnerable minorities to incite hatred and fear need to be called out and stopped. Smith and her supporters are out of step with the law, out of step with community values, and out of step with modern Australia.” 

The Deputy Chief Magistrate also found that the vilification provisions under NSW law are valid and do not infringe the implied freedom of political communication under the Commonwealth Constitution. 

"The court has made it clear: online posts made in bad faith that incite hatred, serious contempt or severe ridicule regardless of the harm it causes cannot be disguised as ‘political communication’. Not only is that argument baseless — it’s against the law,” Ms Corkhill said. 

"Trans Australians continue to face relentless attacks that push them out of public life and contribute to some of the most severe mental health outcomes in the country. 

"Today’s judgement proves beyond doubt that those who engage in doxxing and targeted attacks on vulnerable minorities are not simply expressing ‘free speech’, they are abusing individuals in clear violation of the law.” 

The two trans women have also applied for court orders requiring Smith and Binary Australia to: 

• pay compensation,  

• take down posts that publicly identified them, 

• undergo anti-discrimination training,  

• not repeat vilification in future; and  

• publish apologies 

A decision on the amount in damages and other orders will be handed down in November following submissions. 

The decision comes only a few weeks after Smith lost her appeal against a decision to put in place an apprehended personal violence order (APVO) to protect one of the players from further harassment and intimidation. 

Contact: mike.hitch@equalityaustralia.org.au - 0426 812 115