Kirralie Smith’s Sentencing for “Misgendering” Postponed for the Third Time
Binary director Kirralie Smith faces sentencing on 5 December after repeated adjournments, as HRLA and supporters warn her case sets a troubling precedent for free speech and public debate in Australia.
The unshakable Kirralie Smith will now face sentencing on 5 December.
Updating supporters in an email on Tuesday, Binary said that this was the third adjournment since July.
Smith is waiting to find out what her punishment will be for violating LGBT “biology-is-bigotry” laws.
Binary was in Canberra, courtesy of the Australian Christian Lobby, to stand with the team from Australia’s Human Rights Law Alliance (HRLA).
They aim to inform political leaders and “strategise on ways their respective platforms can make a difference in 2026.”
Rulings Against Smith ‘Troubling’: HRLA
Speaking about Kirralie’s case in September, the HRLA remarked that the rulings against Smith were “troubling.”
Especially concerning is the impact these legal precedents will have on freedom of speech.
Although “transgender ideology is contested,” judges had, in effect, sided with feelings, not facts.
Citing legal expert Neil Foster, HRLA suggested that it looks like the law was wrongfully applied.
“Kirralie’s statements do not meet the definition of vilification in the law, which rests on inciting hatred, contempt, and ridicule,” they said.
Her comments were general statements made about “men participating in women’s sports, not about her male accuser, who identifies as female.”
Time to get some messes sorted out!
Hard to believe so many in this house of Parliament try to gaslight us into thinking men can be women.
Looking forward to meeting with some common sense members later today pic.twitter.com/5nZ3Mf8KtG
— Kirralie Smith (@KirralieS) November 24, 2025
Other comments from Smith, HRLA emphasised, were criticisms of “hate speech” legislation.
This is why the rulings against Kirralie are hugely problematic.
They suggest the law lacks the necessary balance and the equally necessary attribute of clarity.
Laws like that are easily hijacked.
“When comments on a major issue of public interest can be classified as in this case as inciting ‘hatred towards, serious contempt for, or severe ridicule of” persons,” HRLA explained, “then the parameters of the law are so unclear they impair legitimate public debate.”
“It is deeply concerning that the law has been used to police contested ideas,” HRLA concluded.
Such as “men in women’s sport, which has serious practical consequences in the [real] world.”
Smith Vows to Tell “Nothing But the Truth”
Talking about the delay to Rebel News Australia boss, Avi Yemini, Smith said,
“We should have implied freedom of speech in this country, but apparently that doesn’t extend to this situation.”
Confirming HRLA’s concerns about the precedent, she told Avi,
What “this means is that Australians can now have some sort of violence order placed on them for commenting on public domain information, if it hurts someone’s feelings.”
All because, Smith said, “she was found guilty of unlawful vilification for identifying two males in female sport.”
The pending punishment is “for taking information from the public domain and reposting it.”
Effectively prosecuted for “misgendering,” the original cases were over Smith, refusing to refer to those men as female.”
Despite the courts referring to the individuals in the female pronouns, Kirralie said, she refused to comply.
“I had just sworn to tell the truth and nothing but the truth,” Smith said.
“And so, I stuck to that truth throughout the entire trials.”
Not being able to discuss the decision in full, Smith aligned with HRLA’s criticisms, stating that there “were inaccuracies”, and that’s why she is appealing the decision.
Standing “shoulder to shoulder” with Smith in her high court appeal, Family First described the battle to free Kirralie as “extraordinary.”
In an October press release, Family First called the entire process a “gross injustice.”
These are “flawed laws, and they’re being used to punish a woman for speaking biological reality.’
Condemning the major political parties for not weighing in, Family First strongly implied that their silence was “allowing activists to weaponise the courts against truth-tellers.”
This “cowardice,” they declared, “must end!”
“Politicians should do their job, not stand by while Australians are dragged through the courts for exercising freedom of speech.”
___
Images via YouTube/Rebel News and Binary.
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Well said!
Lawfare at it’s lowest level of intelligence and belligerence.
Praying for justice and common sense and truth to prevail.
I hope all the money raised by this goes to something other than lawyers pundits and lobbyists
food for the poor
shelters for women, the poor, the homeless
aid for the least of us
I have a pet eastern brown snake that I identify as a Chihuahua. Im taking him, Fido, shopping with me at Bunnings next week. I hope nobody complains or screams out “Snake!” because iv got a really good solicitor lined up if they do.