Daniel Edmund Duggan, 54, has filed an application to temporarily stay an ongoing lawsuit in Sydney's Downing Centre Local Court which could prevent the ex-pilot being extradited to the US to face criminal prosecution there.
Speaking to reporters on Monday, Duggan's lawyer Dennis Miralis said a hearing for the stay set for July 25 would give his client the chance to protect his rights to a fair hearing.
The Inspector-General of Intelligence and Security has launched an inquiry into the circumstances of Duggan's return to Australia from China after the pilot made a formal complaint to the Australian Security Intelligence Organisation.
"The substance of the complaint fundamentally relates to whether or not ASIO has acted illegally or improperly in its dealings," Mr Miralis told reporters.
The lawyer has previously claimed the former pilot was "lured" back to Australia and then arrested.
The time granted by the stay is hoped to allow Duggan access to the findings of the IGIS's report which he will then use in his defence against extradition.
Barrister Trent Glover said on Monday that the US would fight the stay application, arguing the Local Court did not have the power to halt the extradition.
Duggan has consistently denied the charges brought against him.
His wife Saffrine Duggan has called for her husband's release, saying he had been caught up in a political prosecution due to increasing hostilities between the US and China.
If the stay bid is unsuccessful, a Local Court magistrate will hear submissions on whether Duggan is eligible for extradition to the US.
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