But Judge Donna Woodburne warned that the 29-year-old Albury woman’s freedom should not be taken as a sign that she would escape jail when she is sentenced next month for falsely claiming millions of dollars in government benefits.

Higgins was last year found guilty by a jury of 81 offences, including 66 counts of dishonestly obtaining financial advantage by deception, 14 counts of using a forged document and one count of dealing with the proceeds of crime in excess of $1 million.

Her trial heard that she raked in more than $3.6 million in taxpayer funding by forging children's attendance records at her Albury-based Aussie Giggles family day care centre.

In the Downing Centre District Court on Thursday, Crown prosecutor Chris Taylor applied to have Higgins' bail revoked arguing that there was an "unacceptable risk" that she would fail to appear at her next court date. The crimes were serious and it was likely Higgins would be jailed, Mr Taylor said.

But Higgins' defence barrister Luke Brasch​ said his client had stable accommodation with her sister and had attended all court appearances. 

Higgins, Mr Brasch said, had the continuing support of her family with her mother and father accompanying her each time her case before court.

The Crown had previously tried to have Higgins taken into custody after the jury had return its guilty verdicts to the charges.

Judge Woodburn told the court that Higgins faced "the real likelihood of a term of imprisonment". While she was satisfied that there was a concern that Higgins might fail to appear, Judge Woodburn said it could be mitigated by existing bail conditions and again rejected the Crown's detention application. 

But Judge Woodburn warned her decision was "not to be regarded in anyway as an indication of any likely outcome of sentence".

Higgins bank account was frozen and $2,250,000 was seized along with other property, including a $90,000 car, when she was arrested by Australian Federal Police in March 2015.

Higgins has maintained her innocence, telling a psychologist that she has no idea how or why she was found guilty.

But the trial heard that Higgins made fake claims for special childcare benefits, which cover the cost of childcare for children who are experiencing or at risk of abuse or neglect.

Higgins claimed the subsidy at an inflated rate of up to $180 per hour for 14 children who were not at risk and others who did not attend the centre, netting her $225,000 a month over a two-year period between 2013 and 2015.

She is due to be sentenced on May 26.