The Apple Isle’s Full Court has lifted a no-publication order from May this year, which blocked publication of Justice Stephen Estcourt’s social media posts that are the basis of an appeal against his judgment in a sexual abuse case.
In a notice of appeal, former college teacher Stephen Noga claims Estcourt’s numerous Facebook posts indicate he is inclined to be predisposed towards victims of sexual abuse.
The posts were made before, during and after (including while reserved) Noga was sued by a former female student for repeated sexual abuse, including allegations of child abuse, rape, and abortion. The plaintiff made claims in negligence, non-delegable duty and vicarious liability.
On April 20, 2026, Estcourt awarded the plaintiff (described as NV) damages (including interest) of $1.6 million payable by Noga and the State of Tasmania. The hearing ran throughout February 2026 and for four days in March.
The appeal hearing got underway today (October 1).
A reasonable apprehension of bias is among the grounds of the appeal.
Lawyers for Noga have riffled through Justice Estcourt’s Facebook posts and reposts and found 11 were made between February 1-28 and two on March 3 and 21, this year. They include:
• “Listen to Halsey’s haunting and emotional poem about sexual assault.” (Feb 1).
• An article from womensagenda.com.au entitled “The attempt to punish Grace Tame tells us everything about how we treat women who speak up.” (Feb 18).
• A BBC article headlined: “Andrew Mountbatten-Windsor arrested on suspicion of misconduct in public office – live updates” – plus comments (Feb 19).
• Reposts from Legacy Echoes with a quote from Bertrand Russell and a later one from American Memories on the pregnancy of Aretha Franking at 12-years-old. (Feb. 22).
• Repost about Bo Derek at 16 involved with a married man of 47 with text about grooming, manipulation, abuse, consent and power. (Feb 26).
• Reposts about the unfortunate circumstances of young pregnant girls. (Feb 26).
• Repost from Before You Think, “Teaching girls how to avoid rape has never once stopped rape from happening …” (March 21).
Other grounds of the appeal include failure to apply principles of law in the assessment of the victim’s evidence about sexual assault; accepting evidence in which it is claimed numerous inconsistencies occurred and were improbable; and the respective onuses carried by the plaintiff and defendant at trial.
Notice of appeal
And here’s a selection from HH’s Facebook account …
