Former Perth barrister Lloyd Rayney will argue he did not record his estranged wife's telephone conversations when his appeal to get his legal career back on track is heard.
The Legal Practice Board has cancelled Mr Rayney's certificate to practise law on the basis of his alleged conduct in the lead-up to his wife Corryn's 2007 murder.
Former Northern Territory chief justice Brian Martin acquitted Mr Rayney in 2012 of his wife's murder but found he had taped conversations with her and deliberately disposed of recording devices when he knew police had a search warrant.
Mr Rayney stood trial again in May this year, accused of enlisting surveillance expert Tim Pearson to illegally intercept his wife's landline phone calls but the case was thrown out halfway through.
Judge Andrew Stavrianou said Mr Rayney had no case to answer.
Outside court after Judge Stavrianou's decision, Mr Rayney said it had been repeatedly proved he was innocent of all charges.
On Wednesday, the State Administrative Tribunal heard in a directions hearing that Mr Rayney sought to "go behind" Justice Martin's finding on the phone call interceptions, which forms the key part of the board's decision to stop him practising law.
Mr Rayney's lawyer, Martin Bennett, said the recording device was in the couple's Como home for only one weekend when Mrs Rayney and the couple's two daughters were in Melbourne for a Collingwood game, so she was not there to be recorded.
The tribunal heard that Mr Pearson would be called to give evidence at Mr Rayney's appeal hearing, which has been provisionally set down for three days in October.
He will be represented by former West Australian governor Malcolm McCusker.
Mr Rayney, who did not testify at his trials, is also likely to give evidence at the hearing.
The tribunal heard Mr Rayney is now under investigation by the Legal Profession Complaints Committee, which is expected to conclude by the end of next month.
A cold case review of Ms Rayney's murder was launched in May.
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