She accepted that the legal privilege would still remain, however, and she confirmed to Power she was not asserting the previous lawyers had disclosed anything legally privileged to police.
Burrows conceded she would not press for the declaration regarding the phone calls in her application, but submitted it could be cured instead by Burrows not entering into calls with Queensland police.
Power responded: “That’s a decision for you to make.”
The court also heard Burrows had sent a draft subpoena to the commissioner of the Queensland Police Service two days before Friday’s hearing, but the QPS was unable to assess it in the timeframe.
Power formally dismissed the application for a declaration that the intercepted phone calls were obtained illegally, and also ordered that on August 25 the police commissioner file a sealed copy of the material sought under the subpoena.
Burrows’ application to stay proceedings was expected to be heard at a later date.
Power said to ensure the case moved forward, and if no stay of proceedings were granted, the parties would have to set a trial date.
Power said Burrows would need to be in a position by July 31 to either list the matter for trial or explain why it was not possible.
Burrows also told the court Lehrmann had not yet indicated whether he wished to proceed with a judge or jury trial.
Outside court, Burrows told reporters she would never speak to Queensland police officers on the phone and said: “It’s another world in the state of Queensland.”
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