Higgins' lawyer, fiancé allegedly secretly recorded discussing crucial cross-examination

"She should say, privilege. You know, your honour, I'm told by my lawyer I don't have to discuss legal advice. That's what she should say," solicitor Leon Zwier is allegedly recorded telling David Sharaz.

The conversation, published on Monday evening by Sky News, is said to have been recorded in the lobby bar of Sydney's Park Hyatt a week prior, in the middle of Ms Higgins' crucial, multi-day cross-examination.

Ms Higgins was reportedly not present during the conversation.

The Canberra Times does not suggest the recorded advice was passed along to Ms Higgins or that Mr Zwier intended for it to be given to her. There is no evidence she received any of the information.

The recording was brought up Tuesday morning in Federal Court defamation proceedings before Mr Lehrmann's barrister, Steven Whybrow SC, officially called for the new evidence to be produced.

As Justice Michael Lee has repeatedly reminded witnesses throughout the trial, it is strictly against court orders to discuss their evidence with anyone while under cross-examination.

Mr Lehrmann is suing Network Ten and Lisa Wilkinson over the broadcast of a 2021 The Project interview with Ms Higgins, who alleged being raped inside Parliament House two years earlier.

The story did not name the former Liberal staffer turned law student but he claims being identified and defamed as a result.

Mr Zwier and Mr Sharaz are heard discussing possible lines of questions such as Ms Higgins' speech outside the ACT courts in October, which some have claimed was an attempt to affect a possible retrial.

"All she has to say is I was so enraged, I was just so enraged ... I didn't know if I'd be well enough or not well enough, it was just a gut reaction," Mr Zwier is recorded saying.

"It's not about money, she should just say it's not about money.

"She doesn't ever have to waive legal advice. Just say I sought legal advice."

On being asked "about making money off the story", Mr Zwier tells Mr Sharaz: "Listen to the question and keep your answers short."

"But be careful. She can't be a different person in the witness box."

The pair also discuss how Mr Lehrmann's inconsistencies in the witness box were more "at the heart" of the case than Ms Higgins', which they say are "around the periphery".

Sky News claims the person who recorded the conversation is in no way linked to the case.

Justice Michael Lee ordered the News Corp channel to deliver audio and a transcript, if one exists, of the recording to the court by 4.15pm on Tuesday.

Matthew Collins KC, representing Ten, said he and other defence counsel "deplore" that the judge was contacted about the recording on Tuesday morning without them receiving notice.

"I wish everything to occur in open court," Justice Lee said.

The judge noted possible issues under the circumstances of the recording being made, citing the NSW Surveillance Devices Act 2007 which prevents the recording of conversations people would reasonable expect to be private.

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"It's certainly arguable it would not fall within the definition of private conversation for the purposes of the act," Justice Lee said.

The trial has already heard a number of revelations, including details about Mr Lehrmann's accommodation deal with Network Seven, his ABC and News Corp settlements, and Ms Higgins' Commonwealth payout.

The pair have also been forced to admit giving inaccurate evidence from the witness box as details of their starkly different accounts were picked apart during tense, multi-day cross examinations.

Since last week, Ten and Ms Wilkinson have been calling witnesses in their defence as they attempt to prove the rape allegation was substantially true and reporting it professionally was in the public interest.

Mr Lehrmann has always denied raping Ms Higgins and no findings have been made against him.

His criminal trial was aborted last October due to juror misconduct, with the charge levelled at him later discontinued over concerns for Ms Higgins' mental health.

The defamation trial continues.