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A criminal lawyer says using new evidence against Peter Ellis after he's dead could be unfair.
Lawyers for the convicted sex offender were granted leave in September to continue his legal battle to clear his name, a year after his death.
However, the case has been complicated by a new complainant coming forward.
Criminal lawyer Steve Bonnar QC told Mike Hosking Ellis and his team were never made aware of it before he died.
"Peter Ellis was never given any chance to talk to his team about it, which is rather unfair."
Mr Bonnar says the court will be looking at whether the evidence is fresh, whether it's credible, and whether it's crucial.
He says it will also think about whether it could've affected the verdict, if the jury had known about it at the time of the trial.
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