‘Disgraceful’ bid to remove defence class action claims
More than 1,000 Australian Defense Force women have signed up to a class action against the Commonwealth alleging systemic sexual abuse, harassment and discrimination.
However, the Commonwealth seeks to exclude from this claim incidents alleged to have occurred during the deployment of ADF women overseas.
Lawyers for both sides provided more details about the case at the first hearing of the unprecedented legal process in Federal Court on Tuesday.
There are four applicants in the class action, whose names are being withheld for legal reasons.
The class action was announced in October, and any woman who experienced sexual violence, sexual harassment or discrimination while working in the ADF between 12 November 2003 and 25 May 2025 is eligible to join.
The class action was brought by Australian law firm JGA Saddler, which is supported by global litigation funder Omni Bridgeway.
More than 1,000 women signed up within the first 48 hours of launch.
Lawyers Kate Eastman SC, representing the federal government, and Kylie Nomchong SC, representing JGA Saddler, will seek a ruling on whether incidents alleged to have occurred abroad can be included.
The matter will be discussed in more detail at the hearing to be held in late March 2026.
“Our ADF women deserve a safe workplace, whether in Australia or on duty overseas,” JGA Saddler lawyer Joshua Aylward said after Tuesday’s hearing.
“It is disgraceful to think that the ADF wants to say that gender discrimination laws do not apply in international waters or overseas, and effectively wants to eliminate sexual violence, harassment and assault just because it does not occur on its territory.”
Minister for Veterans Affairs and Defense Personnel Matt Keogh said sexual harassment within the force was unacceptable wherever it occurred.
The Commonwealth is also accused of using tactics to delay progress in the case.
“The federal government showed its true colors in court today. It is a shameful day when the ADF has decided to fight its own members on legal technicalities,” Mr Aylward said.
“Defense, delay and resort to legal technicalities is not the behavior of a responsible government and Australians should be disgusted by this behavior.”
ADF has been contacted for comment.
In a speech to the National Press Club on Tuesday, Mr Keogh announced an investigation into how widespread sexual assault and sexual harassment is in the ADF.
The investigation will investigate barriers to reporting sexual misconduct and follow up on complaints and allegations.
This will include the investigative powers of military police, obstacles faced by civilian police investigating sexual assaults on defense force bases, recidivism, decisions not to prosecute, conviction rates, sentencing outcomes and sentences.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Resolution Support Service 1800 211 028
Lifeline 13 11 14
Open Arms 1800 011 046
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