The 34-year-old was released from jail on Tuesday, after the NSW Court of Criminal Appeal quashed his convictions and ordered a retrial.

He had served nine months of a minimum three years and eights months term imposed on him in May after he was found guilty of two charges of sexual intercourse without consent.

The ex-Parramatta player had earlier faced another trial where the jury could not reach a verdict.

The case was mentioned in the District Court on Friday, when Isha Fay, for the Crown, said it was still considering its position in relation to the retrial.

Hayne's lawyer Ramy Qutami said if the Crown does proceed with a third trial, an application is likely to be made for a change of venue from Sydney to Newcastle.

Judge Christopher O'Brien adjourned the matter to March 4.

When granting Hayne bail after his successful appeal, the judge said the earliest the trial may be able to proceed would be in October.

"After that, we're looking at 2023," he said.

The Crown contended in both trials he forcibly performed oral and digital sexual intercourse on a woman in her NSW Hunter bedroom on the night of the 2018 NRL grand final.

Hayne has always maintained the encounter was consensual.

Hayne's barrister successfully argued for his convictions to be overturned on two appeal grounds - that there was an error in the legal directions given to the jury, and an error in a pre-trial ruling on evidence.

His bail conditions include a $20,000 bail surety, surrendering his passport and reporting to police three times a week.

He also must not contact or intimidate the alleged victim or any witnesses, and cannot enter the Newcastle local government area.

AAP

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