By Judge’s social media posts at centre of Stephen Fane Noga sexual abuse verdict appeal
Stephen Fane Noga, who was sued last month over allegations of repeated sexual abuse, has filed an appeal in the Hobart Supreme Court. (ABC News: Scout Wallen)
In short:
A former Hobart Matriculation College teacher, successfully sued by a former student over allegations of repeated sexual abuse, has filed an appeal on the grounds of social media posts made by the judge presiding over his case.
Last month, a former student of the college, now in her 60’s, was awarded $1.6 million in damages.
What’s next?
The appellant is seeking the judgment to be set aside, and to have his court costs paid for by the plaintiff.
A former teacher who was sued last month over allegations of repeated sexual abuse has filed an appeal, claiming social media posts made by the judge presiding over his case impeded his impartiality.
Stephen Fane Noga, 76, was sued by one of his former Hobart Matriculation College students, now aged in her 60s, for allegedly sexually abusing her in the 1980s.
The woman also sued the State of Tasmania for allegedly failing in its duty of care.
Chief Justice Stephen Estcourt awarded the woman a cumulative $1.6 million in damages, ordering the State of Tasmania and Mr Noga to jointly pay the plaintiff $1.4 million.
Mr Noga was also ordered to pay a further $200,000.
According to the notice of appeal filed in the Supreme Court of Tasmania on the 6th of May 2026, Mr Noga is seeking to overturn the ruling based on four grounds.
The court documents allege that social media posts and reposts made by Justice Estcourt “before, during and after” the trial that were “generally supportive of victims of sexual abuse” would result in a perception” that Justice Estcourt would be more inclined to find favour with the plaintiff.
Solicitors for Mr Noga claim Justice Estcourt’s perceived support for victims of sexual abuse was “connected with the subject matter for the trial”, which involved allegations of “child sexual abuse, rape and abortion”.
“The trial judge may have been more readily inclined to accept the first respondent’s case, or find in favour of the first respondent, rather than independently deciding the action on its merits,” the appeal document reads.
The appeal has been lodged with the Hobart Supreme Court. (ABC News: Maren Preuss)
Trial judge ‘erred in law’ on three grounds, appellant alleges
The appeal documents also allege that Justice Estcourt “erred in law” by “failing to consider” if the plaintiff’s evidence satisfied him to the extent required, considering the seriousness of the allegations.
“Because the evidence of the first respondent could not be adequately tested after the passage of approximately 45 years, it would be dangerous to find the alleged rape proved on (the evidence of the plaintiff) alone.
Justice Stephen Estcourt sits on the Supreme Court of Tasmania. (ABC News: Maren Preuss)
“Allegations of sexual abuse, especially in relation to events alleged to have occurred approximately 45 years ago, are easy to make, but difficult to refute,” the appellant’s document reads.
Mr Noga also alleges that Justice Estcourt erred in law by “criticising” his evidence, and by accepting the evidence of the plaintiff.
In civil cases, the onus of proof is on the plaintiff.
Noga seeks to have court costs paid for by former student
In civil cases, the onus of proof is on the plaintiff. (ABC News: Maren Preuss)
The month-long civil trial began last month, during which the plaintiff told the court that the alleged sexual abuse began when she was his 16-year-old student.
Mr Noga denied the allegations that he sexually abused her while she was his student.
He has said that they had sex twice in the months after she graduated, once she had turned 17, and that their relationship rekindled five years later.
According to the appeal documents, Mr Noga is seeking to have Justice Estcourt’s judgment set aside and for his former student to pay his court costs.
Source: www.abc.net.au