The Herald newspaper report that Anne Marie O'Loughlin, 26, had
her two-and-a-half-year jail sentence suspended by a court in
Brisbane on Friday.
The former nurse, who is from Ireland, was originally convicted
in February on two counts of digital rape and one count of
deprivation of liberty.
The alleged incident is said to have taken place with a married
woman in a popular Brisbane hotel.
O'Loughlin appealed the convictions on two counts - that the
verdicts were unsafe and unsatisfactory and that the judge had
misdirected the jury.
The re-trial will commence on 22 August.
The story has attracted considerable controversy in Britain -
not least because, under British law, she could not have been tried
for rape here.
Instead, the alleged actions would have been considered a
serious sexual assault.
Her father Seamus told the Irish Herald newspaper that the
events of the past few months have
left his family "devastated".
"How do you think it feels to be labelled a rapist -- it's the
worst possible thing in the world," he said.
"The past few months have just been a living hell for Anne Marie
and our family. We know she's innocent. She's not a lesbian. She's
not a rapist and please God, justice will prevail."