His application will come before the ACT Supreme Court today.
The case is the latest in a long list of proceedings stemming from the Lehrmann rape trial.
He denied the allegation.
The trial was abandoned due to jury misconduct and a retrial called off over concerns about Higgins’ health.
The latest action centres on an inquiry run by former Queensland judge Walter Sofronoff, who examined the conduct of police and prosecutors.
He found that while the decision to prosecute Lehrmann was sound, Drumgold lost objectivity, lied to the court’s chief justice and wrongly tried to keep material from the defence.
Drumgold resigned as director of public prosecutions after the inquiry’s final report was released.
He has since requested a judicial review.
Drumgold has argued some of the findings against him were unreasonable, he was denied a fair hearing and the inquiry broke the law through the unauthorised disclosure of material.
Sofronoff briefed selected journalists throughout his inquiry and gave two of them a draft copy of his report before it was released.
The judicial review could lead to further action on the Sofronoff inquiry and its findings.