Women in the Australian Defence Force (ADF) have filed proceedings against the Commonwealth, alleging widespread, systemic sexual violence, sexual harassment, physical abuse, rape, discrimination, and victimisation in the course of their employment.
The proceedings were filed in the Sydney registry of the Federal Court earlier this morning (Friday, 24 October) by plaintiff firm JGA Saddler. The action is being backed by global litigation funder Omni Bridgeway.
The matter has been assigned to Justice Wendy Abraham. JGA Saddler requested that the names of the four lead applicants be redacted, which was approved by the court.
Women who were subject to sexual violence, sexual harassment or discrimination while working in the ADF (including Army, Navy or Air Force, or training establishments such as ADFA) between 12 November 2003 and 25 May 2025 are eligible to participate in the class action.
The filing follows the handing down of the final report from the Royal Commission into Defence and Veteran Suicide late last year, which found that, by the Defence Department’s own figures, “close to 800 sexual assaults have been reported in the ADF over the past five years, in the context of an estimated under-reporting rate of 60 per cent”.
That report also noted that, as recently as 2022, one-third of male and over half of female permanent serving members who responded to a survey reported having experienced unacceptable behaviour in the previous 12 months.
Gemma (not one of the four lead applicants), while serving in the Royal Australian Air Force (RAAF), alleged that she experienced harassment, misogyny, and sexism on a regular basis.
“It was so frequent that it was normalised, it was a part of the culture, and I did not question it. It made me uncomfortable when it did happen, but no one around me was reacting, so, in turn, I felt ashamed to speak about it at the time,” she said.
“There were times when males in high leadership positions grabbed me inappropriately, multiple times comments were made about my body. When I was being sized up for a flight jacket there were comments made about how big my boobs were and times when male colleagues would say that my work shorts would look better if they were shorter.”
A ‘call to arms’
Speaking about the proceedings, JGA Saddler lawyer Josh Aylward (pictured) said: “The threat of war often isn’t the biggest safety fear for female ADF personnel, it is the threat of sexual violence in their workplace. They have signed up to defend their country, not to fight off fellow ADF personnel on a daily basis, all while simply trying to do their job.”
“Australians will be shocked by the reports of sexual violence and harassment, victimisation, rape, and physical threats, but even more disturbing are the brutal assaults against those women who dare make a complaint. The workplace shouldn’t be the battlefield where female ADF personnel have to fight for their lives.”
“This legal case is a demand for action, for accountability and for real change. Despite multiple high-profile investigations and pages of recommendations, sexual violence and discrimination continue to plague women in Defence.”
“There is a gendered battlefield within the ADF that female soldiers have been faced with for more than 20 years, and this class action is the call to arms.”
“It should be noted that these are not historic cases, these are incidents happening as recently as the last 12 months across the country. The ADF has done very little to protect those who protect us.”
Omni Bridgeway senior investment manager Niall Watson-Dunne said: “The Australian Defence Force has been in a continuous cycle of controversies involving sexual harassment against its female members, and we are backing this class action to empower these courageous women in pushing for meaningful, real-world change.”
“Omni Bridgeway is committed to helping claimants pursue meritorious claims through the legal system on an equal footing with their opponents.”
Gemma said: “In the past, it has been safer for victims to stay silent.”
“These behaviours have become normalised; it’s an issue with the culture and the leadership at all levels. Turning a blind eye isn’t going to work anymore. The issues are being pointed out, and the ADF must take accountability.”
Lead applicant allegations
The filed proceedings feature four lead applicants, whose names have been redacted.
The first applicant, who enlisted in the Royal Australian Air Force (RAAF), was allegedly assaulted while on a night out with colleagues. According to a provided statement, “she was groped and kissed repeatedly with her hands pinned up against the wall”. Her case was presented to the military police, the statement noted, “and they chose not to prosecute and did not provide her reasons as why they would not to prosecute”.
While on base, the first applicant attended RAAF-sanctioned training about sexual harassment, at which the alleged reaction from the group was laughter, eye rolling, and comments to the effect of “what a waste of time”. While posted at another RAAF base, she was allegedly given the nickname “behavioural handbrake”.
The second applicant, who enlisted in the Royal Australian Navy, reportedly experienced daily lewd comments while undergoing training, including males casually touching her or her uniform in a way that would make her uncomfortable. Alleged examples of such comments included: “you can jerk off a guy, but you can’t cock a weapon” and “I wish I was going up [the ladder bay] behind you so I could sniff what you had for breakfast”.
While on duty on sea patrol, she was allegedly grabbed and kissed by a colleague who forcibly resisted her attempts to separate herself, before stating: “Don’t worry, I’ll come back and kiss you later”, and while on shore leave, she was allegedly repeatedly groped and had lewd comments made to her, including that she was a “slut” and that “everyone on the ship knows that she puts out”.
The third applicant, the provided statement noted, “attended a party on-base involving ADF members and their families where she consumed alcohol and then woke up the next day in her room completely naked, disoriented, in physical pain, and with bruises and scratches on her body, and was subsequently informed she had left the party with four male ADF members and was alone at some point with one of them. She did not know how she returned to her room”.
Following making a complaint, the provided statement went on, she was placed on freedom of movement directives restricting her movement while the perpetrator remained unrestricted, escorted around base in a way that brought attention to her situation, prohibited from accessing shared base amenities and received multiple abusive messages from male ADF members. Reportedly, she was “confronted at a formal dinner by a friend of her alleged perpetrator who said to the effect of ‘how f---ing dare you try to ruin [his] life … you f---ing c--t’”.
The fourth applicant, enlisted in the RAAF, was allegedly subjected to various unacceptable behaviours, including: “a colleague who came into her office daily and would position himself close, rubbing his groin against her body and she could feel his erect penis; running his hand from her waist to armpit touching the side of her breast; he would daily slap her on the left shoulder with enough force to cause her pain. He would also make her walk behind him and on occasion would corral her toward walls”, the provided statement read.
As a result of these behaviours, the fourth applicant made a complaint, the statement continued, which resulted in her alleged perpetrator making statements to the effect of “if you cross me, I’ll kill you”.
Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
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