James Gargasoulas, 28, has faced an investigation hearing in the Supreme Court to determine if he is fit to face trial accused of running down pedestrians in Melbourne's CBD in January 2017, killing six people.
The jury of 12 deliberated for nearly four days after hearing expert evidence but they could not reach a unanimous decision and on Friday morning Justice Lex Lasry discharged them without a verdict.
It means a second fitness hearing is likely to be held with a new jury to determine if Gargasoulas is fit to stand trial on six counts of murder and 28 of attempted murder.
Three-month-old Zachary was the youngest victim.
His dad spoke outside court after Friday's outcome.
"It's disappointing. That's all I'll say," Matthew Bryant said.
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