Introduction 

“Our bathtubs are comfortable for two adults even without sex. You can still Tickle and Giggle!” Journalist Emily-Grace imagined actress Rebel Wilson, actor Hugh Jackman, and Luke Sayer’s member in a bathtub in the Australian Federal Court demonstrating such possibilities.
 
But so much for imagination! In reality Emily-Grace was in Sydney – at the Federal Court -- to help cover the defamation case brought against Rebel Wilson, the famous Hollywood actress, by a young novice actress. The judge in this Rebel Wilson case has been told to hurry up by Hugh Jackman’s brother!
See: https://www.fedcourt.gov.au/news-and-events/21-april-2026#content ­

While in Sydney, Emily-Grace found out that this Federal Court also decided that the Giggle company discriminated against a Ms. Tickle on the basis of her “gender identity” when the transwoman was banned from a female-only app.
https://en.wikipedia.org/wiki/Tickle_v_Giggle

The Court appears to support the idea – advocated by Sex Discrimination Commissioner Anna Cody – that biological males who identified as women must be protected from discrimination on the basis of ­“potential pregnancy”.

Hence Emily-Grace’s burst of imagination! 

Here is basic summary of issue before Court:

Amanda Ghost (film producer and financial backer for "The Deb" film directed by Rebel Wilson) and Charlotte (first time young actress) are sharing a work-financed apartment and go to beach together -- and Amanda has a medical episode! They go back to apartment and put Amanda in hot shower in bathroom attached to Amanda's bedroom. Charlotte puts water in bath so she can also get warm (instead of going to her own bathroom) and Amanda and Charlotte end up in bath together. A woman called Pia (employed by Amanda) also lives in the large apartment and witnesses Amanda and Charlotte in bath.

Rebel claims that next day Charlotte told her that she felt "uncomfortable" about the bath situation, and that Pia also told Rebel that she though situation strange. (Pia has since disappeared in that in that no one has called her as a witness or have not been able to contact her.)

Charlotte later told Amanda and others that she was not "uncomfortable" -- and that she never said this to Rebel.

Rebel the told many people (and media) that Charlotte had changed her story to get "career" favours from Amanda and her financial backers in the UK. As result of this, Charlotte sued Rebel for defamation.

Chapter One 

For a young and very ambitious journalist like Emily-Grace the opportunity to report on such a high-profile defamation case was a great opportunity. However, she was very deflated when she learnt that she was actually to assist a much more experienced Sydney Morning Herald reporter named Whisper who also understood the legal system and court-room procedures. 

After the Australian Federal Court defamation trial finished on Friday 8 May -- but before the judgement -- Emily-Grace and Whisper sat at a table outside a nearby coffee shop to discuss events. 

Emily-Grace: “This was my first defamation case.”
Whisper: “They can be very different to criminal cases. The judge sometimes has to make a decision mostly about who to believe when there is little objective evidence. It becomes he/she said against he/she said.”
Emily-Grace: “This one seems to be getting much publicity because of Rebel Wilson.”
Whisper: “Yes. But a couple of years ago there was another one which almost dominated headlines. It was about rape on a couch in parliament house, and some television types trying to profit from it.”
Emily-Grace: “Wow!”
Whisper: “Remind me to tell you about it. It was Higgins and Lehmann.” 

Emily-Grace: “This one seems to be about possible sex stuff in a bath instead of on a couch. It must have been a big bath.”
Whisper: “That is a bit of mystery. There is a photo of the bath in the apartment bathroom, but it does not look that big. But if it was really big enough to sit two adults without touching it would take a long time to get more than a few inches of water. So, why did Charlott run it if she was cold? She could have gone to the shower in her own bathroom.”
Emily-Grace: “It was probably for Amanda. So, why did Charlotte get in?”
Whisper: “That is a big question. Maybe she didn’t. At least not initially! 
Emily-Grace: “But Pia saw them!”
Whisper: “This is another odd thing. Rebel, Amanda and Charlotte talk about what Pia said and did, but she has disappeared. There is no affidavit from Pia and she does not appear as a witness!”
Emily-Grace: “Maybe not want to?”
Whisper: “If she supported Rebel’s affidavit claim that she was uneasy about what she saw, Amanda would have made it difficult for her in the music industry.”
Emily-Grace: “But Pia could have supported Amanda and said that she and Charlotte suggested Amanda get in the bath?”
Whisper: “With Charlotte already in it? You think it likely?” 
Emily-Grace: “Charlotte is about my age. I have been thinking about what I would have done. I would have run a bath for Amanda but I would not have got in in her bath unless I was invited to. And even then, it would be strange because Amanda was my boss.”
Whisper: “I agree. So, Amanda probably invited her.”
Emily-Grace: “You think Amanda was in the bath first and invited Charlotte to get in?”
Whisper: “Amanda has a strong personality and Charlotte would have not wanted to upset her, so it is possible.”
Emily-Grace: “It would have made me feel uncomfortable.”
Whisper: “Uncomfortable! That word seems to be crucial.” 

Emily-Grace and Whisper were silent for a while as both considered the results of their conversation so far.
Whisper: “Charlotte denies discussing the bath issue with Rebel when sitting on a couch the next day. Says they only talked about holidays or something like that.”
Emily-Grace: “So, how did Rebel find out about the bath?”
Whisper: “Pia? Amanda and Charlotte say Rebel called and Pia answered her phone while she was in the bathroom with them. She was initially on loudspeaker but then left the bathroom to finish the conversation.” 
Emily-Grace: “The other strange thing is that according to Amanda, Rebel talked about being annoyed with Charlotte and reducing the number of songs for her in The Deb – and that Charlotte could hear this.”
Whisper: “Charlotte does not mention this in her affidavit. Which, I suppose, is hardly a surprise!”
Emily-Grace: “If I were Charlott and heard this and was also feeling uncomfortable in the bath, I would have been a bit scared. The two most important people in my job, my professional career, are causing me problems.”
Whisper: “Yes! But why would she then tell Rebel next day that she felt uncomfortable?”
Emily-Grace: “She probably did feel uncomfortable but also just confused about what would happen next? Maybe trying to get closer to Rebel?” 

Whisper looked at her phone and said: “This is paragraph 44 of Amanda’s affidavit. I quote.”“On 7 September 2023 Rebel phoned me and said that Charlotte had spoken to her. She said that Charlotte had told her that she had felt uncomfortable when I had asked her to have a bath with me. I was shocked by this statement. I did not ask Charlotte to have a bath with me and she had given no indication of having felt uncomfortable. I asked Rebel to go back and check with Charlotte whether what Rebel had told me was correct.” 
Emily-Grace: “So, it must have been Charlotte or Pia who told Rebel about the bath. I can’t imagine Amanda telling anyone even though next day she told cast and crew at Studio 301 about what happened at the beach.” 

Whisper continued to read from her phone: “This is paragraph 57 of Charlotte’s affidavit. I quote.” “The next day, 7 September 2023, Rebel called me. She said she wanted to check whether I was uncomfortable with what had happened with Amanda. I was confused by the question. I responded to the effect that I was never uncomfortable with Amanda or what had happened, and that the situation itself was weird because of Amanda's condition but I never felt weird or uncomfortable myself. I thanked Rebel for checking in.” 

Emily-Grace now began looking at her phone: “So, it must have been Pia who told Rebel! Let me find Rebel’s affidavit. Here it is! Para 10. “Pia Ashcroft, the Unigram Head of Music, told me whilst we were on a break at Bourke St Bakery that she had walked in on them in the bath together and that she was very uneasy about this. Ms Ashcroft told me she wanted me to know that she was not okay with things that were occurring between Ms Ghost and Ms MacInnes.” 

Whisper continued to read from her phone: “Para 46 from Amanda’s affidavit. Later that day Rebel texted me (she may have also possibly called) and said that Charlotte had said she was not “uncomfortable” with me or what had happened on the day. Rebel's texts said "Charlotte says all good She just meant it was a bizarre situation” not that she personally felt uncomfortable x· and “So all good there” Para 47. I responded by text: " Oh thank fuck for that!! OMG that's hilarious I nearly died''. Pars 48. Rebel responded by text "She instantly was like "oh no, zero issues at all". But she said she was happy I called to clarify". 

“Hi Whisper. Amazing final submission by Sue Chrysanthou. Her new boxer boyfriend has made her even more aggressive in attacking Rebel.” 
Emily-Grace looked up to see a middle-aged man talking. “Mind if I join you?”
Whisper looked up and laughed: “Sure!” 

Whisper introduced the man as Bart, a specialist crime reporter.
Bart: “I think Rebel is going to lose. Judge Raper asked whether Rebel had a tendency to jump to wrong conclusions.”
Whisper: “We were just discussing how Rebel found out about the bath.”
Bart: “Well, I suppose it must have been …” Bart’s voice trailed off, and it was clear to Emily-Grace that he had not thought much about this.
Whisper: “It must have been Charlotte, Amanda or the mystery Pia.” 
Bart thought for a while before asking: “You think Charlotte is lying? You think she did tell Rebel?”
Whisper: “If she did, her later reversal on the “uncomfortable” word would partially explain Rebel’s anger.”
Bart: “Actually, I have never understood this word had to be seen as a complaint! It may just have been a factual comment without great meaning.”
Emily-Grace: “In any case, according to Rebel, Charlotte said she was not personally uncomfortable. I think the addition of the word personally suggests it could thus be just an uncomfortable or bizarre situation for everyone!” 
Whisper: “You know, it strikes me that there was a sort of competition between Rebel and Amanda for Charlotte’s admiration and attention.”
Emily-Grace: “Yes! And I suppose it was inevitable that she would end up in the cross-fire when the other two started seriously fighting about other things.” 

Mention of “other things” was Bart’s opportunity to move the conversation: “This fight between Rebel and Amanda is incredibly vicious. Like they were married and now getting divorced! Rebel has gone out to get Amanda in any way she can.”

Whisper: “At least the case is conducted in public. Emily-Grace is from the US. She would be surprised at the secrecy of the Australian Family Court where some lawyers fuck the judges to get favorable decisions.
Bart: “You know about Suzanne Christie?”
Whisper: “Almost everyone does!”
Bart: “I only heard about her when I moved to Sydney”. 

Emily-Grace knew nothing of the Australian Family Court and said nothing. 
Whisper: “At least in defamation cases we get to see and hear the evidence.”
Bart: “Like in Lehmann and Higgins.”
Whisper: “I was going to tell Emily-Grace about that before you came along.”
Bart: “Then I will! This women Brittany Higgins was out drinking with friends and met Bruce Lehmann. They went back to his office in parliament house, of all places, in Canberra to have sex in the middle of the night because both of them had lovers at home. She took off her clothes while he did something else and she fell asleep on a couch in an office with he legs apart. He came in, dropped his pants, and she woke up when he was inside her. The judge said it was rape.”
Emily-Grace: “There was no violence?”
Whisper: “No.”
Emily-Grace: “Did he go to jail?”
Whisper: “No. Bruce Lehmann started a defamation case against Higgins and some media after a criminal case was dropped.”
Emily-Grace: “Who won?”

Bart: “She did. Some people said it was not a real rape because she went there for sex with him, but at least we got to watch the case on You-tube and have our own views.” 

Whisper: “This case if a bit different. While there may be some financial issues, it is mainly about egos. Amanda is quite aggressive and wants to get her own way. Remember when Judge Raper stopped court proceeding when she said someone was sitting in the front row of the public gallery pulling faces when Rebel was giving evidence? That was Amanda. And the judge seemed to think that she was playing her actions up to someone sitting behind her! Amanda clearly hates Rebal and was trying to make her nervous when answering questions.”

Bart: “And there was also that 2010 article in The Hollywood Reporter which focused on her short time as boss at Epic Records. Amanda was described as very aggressive with a penchant for profanity and a reputation for unpredictable, sometimes violent outbursts”.
Whisper: “Rebel is also pretty aggressive in PR terms. Describing Amanda on an internet site as an Indian Ghislane Maxwell who procured women for the pleasure of the extremely wealthy. And making sure that her eleven million Instagram followers knew about this.”
Bart: “We don’t have proof about the web sites, but it hard to see another explanation!” 
Emily-Grace: “Why does Rebel hate Amanda so much?”
Whisper and Bart looked at each other and both gave a slight shrug of their shoulders indicating they didn’t know.
Whisper: “Was it Charlotte? Rebel initially tried to smooth over the bath and uncomfortable word issues – at least for the sake of The Deb film! But what happened then?”
Emily-Grace: "I have never been married and maybe I am lucky. But Amanda’s husband, Gregor, and Rebel’s husband -- if that is a sensible word -- Ramona, seem highly protective of them. Are they part of the problem? Do they encourage Rebel and Amanda to be aggressive?”
Whisper: “Maybe, but Rebel seems to have lost control.”
Emily-Grace: “Does she believe all the things she says? For example, about being locked in a room by Amanda’s husband so that that she would sign a document?”
Bart: “She has been incredibly successful for a fat woman. Oops! I mean large woman! Maybe its a bit like Donald Trump? Just push ahead against all obstacles and tell your own version of the truth!”
Emily-Grace winced: “Sometimes it is embarrassing to be an American!” 
Whisper: “In any case, it is not important what we think. Judge Raper gets to make the decision about defamation and any payments that must be made.”
Bart: “And the good thing is that it is not like a jury trial where the jury doesn’t have to give reasons for its decision. In a judge-only trial she needs to give reasons for the decision.”
Emily-Grace: “Does she have much experience about these things?”
Bart: “You mean about sex in a bath?”
Whisper laughed and said: “With whom? Hugh Jackman’s brother?”
Bart now laughed: “Just like the judge in the Higgins-Lehmann rape case! He claimed to have much knowledge about the effect of alcohol on women!”
Emily-Grace: “And about sex with them?” 

There was now a silence as all three momentarily reflected on their discussions. Eventually Emily-Grace asked when a judgement was expected. Neither Whisper nor Bart thought it would be soon. Senior Judge Ian Jackman has told Judge Raper to hurry up and give a decision. 
Emily-Grace: “What would be the effect on Rebel’s career if she lost?”
Whisper: “I have never seen any of her films.”
Bart: “Me either!”
Whisper turned to Emily-Grace: “You tell us. You are young! American! Do you think anyone would care about her honesty? Or people just watch her films?”
Bart: “Like Trump!” 
Emily-Grace winced at the second reference to the US President. But it did help her clarify her thoughts. “Probably no effect!”
Whisper: “Maybe people would still watch films as an actress, but I would be very wary about working with her if she were a director or producer.” 

Chapter Two 

Bart laughed and looked at Whisper: “You should tell Emily-Grace about Luke Sayers!” 

Emily-Grace had read an article about an Australian woman suing her estranged husband, Luke Sayers, for defamation because he had claimed that it was his wife, Cate – not him – who had texted an image of his penis to another woman and momentarily put it on X. Luke is a prominent businessman who was embarrassed when the penis photo was also posted on X social media and found that he could not continue in his role as chairman of one of Australia’s most prominent football clubs which billed itself as “family orientated”. Luke has variously told the football club that his X account was hacked and that “mentally unstable” Cate had posted the penis image 

After Emily-Grace summarized what she already knew about this issue, Whisper took up the story: “Luke’s lawyers attempted to take advantage of the Family Court system which operates in secrecy – even worse than in China! The idea was that because Luke and Cate were married at the time it was a ‘family’ issue and the dispute should be heard behind closed doors before a single judge with any journalist reporting on it sent to jail. So, even if Cate won nobody would know – and Luke could happily claim that he was the winner!” 

Bart: “Cate, however, successfully argued the case should be heard in an open court before a jury because it was all about her public reputation. Luke’s gambit was also rejected because there were no under-age children involved.” 
Emily-Grace asked Whisper who was likely to win the case. Whisper said that she heard that Luke would claim that Cate had posted it online as a form of “bragging about her husband” although this did not explain why it was sent to another woman. Cate would argue that this was “laughable because Luke’s penis only ever got so erect after Viagra”! 

Emily-Grace told Whisper that she thought the Court system in Australia worked quite well. Whisper shot-back sharply: “I have already told you about Suzanne Christie in the Sydney Family Court. A saga of sex-for-favorable court rulings.”
Emily-Grace was about to ask Whisper why she did not write about it but then realized that she already knew the answer as she spoke: “You could not write about it?”
Whisper: “Write anything negative about a Family Court judge and you go to jail.” 

This observation prompted Emily-Grace to say: “Strangely, both the Rebel Wilson case and the Tickle and Giggle case are about women fighting each other about sex!
Bart: “And then add in Luke Sayer’s penis and Brittany Higgin’s couch.”
Whisper: “Welcome to Australia!”