The ACT’s outgoing top prosecutor is taking legal action against the inquiry into Bruce Lehrmann’s prosecution.

Shane Drumgold’s case is listed to be heard in the ACT Supreme Court on September 14, but no details were immediately available.

Mr Drumgold resigned as Director of Public Prosecutions in August after a board of inquiry, set up by the ACT government, made adverse findings against him.

The inquiry – chaired by former Queensland judge Walter Sofronoff – examined accusations from police and prosecutors about each other’s conduct during Mr Lehrmann’s rape trial.

Brittany Higgins accused Mr Lehrmann, her former colleague, of raping her inside a ministerial office at Parliament House after a night out in 2019.

Mr Lehrmann has always denied the allegation.

Mr Sofronoff made several serious findings of misconduct against Mr Drumgold including that it had become clear he had lost objectivity and did not act with fairness and detachment as was required.

He also found Mr Drumgold knowingly lied to the ACT chief justice about the nature of a note about a meeting with broadcaster Lisa Wilkinson and a speech she later made when she won a Logie for her interview with Ms Higgins.

While Mr Drumgold accepted his conduct was less than perfect, he strongly disputed engaging in deliberate or underhanded conduct in the trial or that he was dishonest.

He has been contacted for comment.

ACT Attorney-General Shane Rattenbury noted the legal action in a speech to the ACT legislative assembly on Tuesday.

“Mr Drumgold has now commenced legal proceedings in relation to the report,” he said.

In October 2022, Mr Lehrmann faced a criminal trial in the ACT Supreme Court but juror misconduct derailed the proceedings and the trial was discontinued.

Mr Drumgold ultimately dropped the prosecution against Mr Lehrmann, fearing the impact of a second trial on Ms Higgins’ mental health.