Attorney-General Philip Ruddock has told the Sydney Morning Herald that David Hicks's trial "should happen as quickly as possible".
"Were that not to be the case, we would be seeking his return in the same way we did with Mamdouh Habib," Mr Ruddock said.
Hicks's military lawyer Major Michael Mori said this "would be news to me".
"I'm glad the Australian government is trying to make demands on the US to get David tried.”
"Unfortunately, it's something that should have happened probably five years ago when David was first detained."
But Major Mori told the Nine Network, "I don't think (David Hicks will) ever believe he's leaving Guantanamo until he sets foot back in Australia."
Mr Ruddock suggested to the Herald that he wanted a new military tribunal and charges against Hicks to be in place by November.
The US congress rises for its mid-term election in November.
Mr Ruddock's comments have raised hopes David Hicks could be home by Christmas.
Government backflip
The Australian government has not canvassed before that it may seek to have Hicks returned to Australia.
Hicks, a 31-year-old Adelaide-born Muslim convert, has been incarcerated at Guantanamo Bay in Cuba since he was captured allegedly fighting with the Taliban against US forces in Afghanistan immediately after the September 11, 2001, attacks.
He also is accused of having trained as a terrorist under Osama bin Laden's al-Qaeda terror network in Afghanistan.
Major Mori fears Hicks could languish in Guantanamo Bay for another two-and-a-half years if he is left to face trial in the military tribunal system.
He is urging the Australian government to intervene and demand Hicks face a court marshal.
"I think the United States has always said that they're more than happy to return detainees to other countries and it could happen here. We just really need to get the Australian government to decide that it's time it did.
"I've always said, give him a court martial system, and the Australian government should be demanding that the US government use a court martial system, (and) David would get a fair trial."
Major Mori said Hicks spent 23 hours a day isolated in a "cement box" and had served long enough for making "poor life choices" that never violated Australian law.
"David has not hurt anyone and I think the media are trying to demonise him ...”
"I think a lot of Australians don't really understand what he is accused of doing, which is really guarding a Taliban tank. You'd get more time here in Australia for, you know, assaulting someone," he said.
Senators want justice for Hicks
Australian Senators arriving at parliament house in Canberra have welcomed reports the federal government may seek Hicks’s return.
Greens leader Bob Brown says the government realises the public is appalled at his treatment and knows it must fix the situation.
Democrats Senator Andrew Bartlett says people only ever wanted Hicks to get a fair trial and if convicted serve his time but if that's not going to happen he should be allowed home.
Nationals Senator Barnaby Joyce says the process has gone on long enough and Hicks needs to go to trial so we can find out what if anything he's done.