An appeal by Nationwide News over Geoffrey Rush's successful defamation lawsuit is likely to be heard by three Federal Court judges in November.
Justice Michael Wigney in April found The Daily Telegraph's publisher and journalist Jonathon Moran were reckless regarding the truth when they reported the actor had been accused of inappropriate behaviour in 2017.
Rush was awarded $2.9 million for damages plus interest and to account for his past and future economic loss.
At a case management hearing in the Federal Court on Monday, the media company's barrister Lyndelle Barnett said a proposed August appeal hearing date would be too soon as they had not yet received recordings of the audio of Justice Wigney's voice from the defamation hearing and his pre-trial rulings.
The company is also yet to receive the judge's written reasons for one of his rulings.
Among its grounds of appeal, Nationwide News says Justice Wigney's conduct "gave rise to an apprehension of bias" and says the audio - particularly in relation to the "tone" used by the judge" - supports its contention.
Rush's barrister Sue Chrysanthou on Monday said the actor's preference is for the matter to be dealt with in the August sittings.
But Ms Barnett said the actor had received his vindication through winning the case.
"There was a judgment in his favour and that is presumed correct unless and until it is overturned on appeal," she said.
"There is no need or urgency for the matter to be rushed on in August when it will cause prejudice for my client."
Justice Anthony Besanko said it was "most unlikely" the appeal would be heard in August, but he expected the date would be set within the next week.
Australian Associated Press
