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Court Upholds AVO Against Kirralie Smith, Protects Transgender Player

UPDATE: The New South Wales Court of Appeal has just upheld a two-year Apprehended Personal Violence Order (APVO) protecting Stephanie Blanch, a transgender soccer player, from anti-trans activist Kirralie Smith. This ruling, delivered on August 15, 2025, confirms the ongoing legal protection for Blanch against Smith, who has over 100,000 followers online and leads the anti-trans organization Binary Australia.

The court’s decision is a significant victory for transgender rights and safety, particularly in the context of ongoing societal debates surrounding gender identity. Judge Wass SC previously described Smith’s actions as a “sustained campaign of belittling, harassment, and intimidation,” which included inflammatory social media posts targeting Blanch’s involvement in women’s soccer.

In a striking example of Smith’s conduct, she tweeted to nearly 40,000 followers, calling for “men from the Mid North Coast” to aid in confronting Blanch, whom she derogatorily labeled as a “bloke in a frock.” Judge Wass SC condemned this language as “highly intimidatory” and “objectively harassing,” emphasizing that such statements, even if framed as political commentary, can inflict real harm.

The APVO mandates that Smith refrain from any form of contact, harassment, or intimidation against Blanch until December 2026 and prohibits her from approaching two soccer clubs in the region. The Court of Appeal supported the District Court’s findings, affirming that political speech does not shield individuals from accountability for harassment or intimidation.

“All residents of NSW have a right to live their lives without being targeted, harassed, or intimidated,” stated Karen Beashel, Principal Solicitor at the Inner City Legal Centre (ICLC). This decisive ruling highlights the importance of protecting individuals from online harassment disguised as political expression, with Beashel noting that the court recognizes the damaging mental effects of such behavior.

Further addressing the implications of online bullying, ICLC Criminal Solicitor Bridget O’Kane remarked,

“Free speech does not give you a licence to bully; the law will protect people from ongoing online abuse.”

She emphasized that the ruling serves as a crucial reminder that digital harassment is a tangible issue that can lead to significant psychological harm.

In a pre-appeal decision, Justice Adamson SC granted a protective costs order ensuring that Blanch would not be liable for Smith’s legal costs, a measure that underscores the court’s commitment to safeguarding victims of harassment.

Following the ruling, Kirralie Smith took to social media, expressing defiance despite the outcome. She claimed,

“I lost the appeal and I am still under a 2 year apprehension of violence order for identifying a male in a female soccer team.”

Smith’s remarks reflect her ongoing commitment to her activism, asserting that the legal measures taken against her are attempts to silence her voice on gender issues.

Controversial women’s dating app owner Sall Grover, who has also faced legal challenges, publicly supported Smith, reiterating her stance against transgender inclusivity in women’s sports.

As this case continues to unfold, it raises critical questions about the intersection of free speech, online behavior, and the rights of marginalized communities. Observers are urged to watch for further developments, particularly the potential implications for future legal cases involving online harassment and gender identity.

This ruling marks a pivotal moment in the ongoing dialogue surrounding transgender rights in sports and society at large, reminding all of the urgent need for protection against intimidation and harassment in any form.

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