Jarryd Hayne could be freed from prison as he awaits a third trial, with the former NRL star to apply for bail after a NSW court quashed his rape convictions upon appeal.

The 33-year-old has spent nine months behind bars, after he was found guilty of two charges of sexual assault without consent of a woman in her NSW Hunter bedroom on the night of the 2018 NRL grand final.

The ex-Parramatta player faced a retrial after his first ended with a hung jury.

He was jailed in May for five years and nine months with a non-parole period of three years and eight months.

But after his barrister Tim Game SC successfully argued two appeal grounds, the NSW Court of Criminal Appeal on Monday ordered another trial and quashed his convictions.

Hayne will apply for bail at a hearing listed at Sydney’s Downing Centre District Court at 10am on Tuesday.

His barrister Tim Game SC successfully argued the jury was given “profoundly wrong” legal directions, saying Justice Helen Syme’s directions of law were “flawed in almost every possible way”.

Prosecutor Brett Hatfield had previously admitted the language could have been tighter, but said “perfection is not required”.

Mr Game also succeeded in convincing the appeal court it was an error to overrule a verdict from the first trial in relation to evidence he said explained the complainant’s “abiding interest in having sex with Jarryd Hayne”.

Another two appeal grounds were dismissed.

Mr Game had argued an outburst from the woman in the first trial, in which she yelled “no means no” under cross-examination, being played before his second jury was “highly prejudicial”.

He also argued the jury’s verdict was unreasonable.

The Crown contended in both trials that Hayne had left his friend’s bucks party to meet up with the woman and forcibly performed oral and digital sexual intercourse on her, causing her to bleed from her genitalia.