Thomas became the first Australian to have his movements restricted via a control order issued under the federal government's tough new anti-terrorism laws in August.
This occurred days after a Victorian court quashed his convictions for receiving funds from al-Qaeda and holding a false passport.
Thomas' lawyers today appeared in the High Court, sitting in Melbourne, to challenge the validity of the section of the Criminal Code Act used to impose the interim control order.
They have asked for the order to be quashed.
Justice Kenneth Hayne proposed that the test case be heard in December over two days.
Commonwealth lawyer Dr Stephen Donaghue told the court the case would involve three significant constitutional issues.
Under the order, the Melbourne father of three is confined to his house between midnight and 5am, must report to police three days a week, and is also banned from contacting a list of people, including al-Qaeda leader Osama bin Laden.
Justice Hayne ordered the parties involved in the case to return to the court on October 19.