More than 1000 Australian Defence Force women have registered for a class action against the Commonwealth alleging systemic sexual abuse, harassment and discrimination.
But the Commonwealth is seeking to remove any incidents alleged to have occurred while ADF women were deployed overseas from the claim.
Lawyers on both sides provided further details on the case in the first hearing of the unprecedented legal action in the Federal Court on Tuesday.
There are four applicants in the class action, whose names are withheld for legal reasons.
The class action was announced in October and any woman subjected to sexual violence, sexual harassment or discrimination while working in the ADF between November 12, 2003 and May 25, 2025 is eligible to participate.
The class action has been filed by Australian law firm JGA Saddler, backed by global litigation funder Omni Bridgeway.
In the first 48 hours after it was launched, more than 1000 women registered.
Kate Eastman SC, the lawyer representing the commonwealth, and Kylie Nomchong SC, representing JGA Saddler, will seek a ruling on whether incidents alleged to have occurred overseas can be included.
The issue will be discussed further at a hearing in late-March 2026.
“Our ADF women deserve a safe workplace whether it is in Australia or on overseas deployment,” JGA Saddler lawyer Joshua Aylward said following Tuesday’s hearing.
“It is disgraceful to think the ADF want to say that the sex discrimination laws do not apply in international waters or overseas, and effectively wipe their hands of incidents of sexual violence, harassment and assault just because it didn’t happen on home soil.”
Veterans’ Affairs and Defence Personnel Minister Matt Keogh said sexual misconduct within the force was unacceptable wherever it occurs.
The Commonwealth has also been accused of using tactics to delay the case from moving forward.
“The federal government has shown its true colours in court today. It is a shameful day when the ADF decides to fight their own members on legal technicalities,” Mr Aylward said.
“Defending, delaying and taking legal technicalities is not the conduct of a responsible government and Australians should be disgusted at this behaviour.”
The ADF has been contacted for comment.
During a National Press Club address on Tuesday, Mr Keogh announced an inquiry into how pervasive sexual assault and sexual harassment are within the ADF.
The inquiry will investigate barriers to reporting sexual misconduct, following through with complaints and the pressing of charges.
It will include the investigative powers of military police, barriers faced by civilian police investigating sexual assault on defence force bases, recidivism, decisions not to prosecute, conviction rates, sentencing outcomes and penalties.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
Open Arms 1800 011 046
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