A couple shot by police during an erotic party at a Melbourne nightclub may face a four-week trial in their lawsuit against the state of Victoria.
Dale Ewins, 36, and his partner Zita Sukys, 38, were shot by Critical Incident Response Team officers during a fancy-dress Saints and Sinners ball at Inflation nightclub in July 2017.
Mr Ewins, who dressed as the Joker, claims he had been performing a sex act on Ms Zukys on a couch before he was shot twice in the back and then tasered.
The pair's lawyers claim police were negligent and used excessive force when they stormed the club and opened fire with hollow-point bullets, seriously injuring Mr Ewins.
But Victoria Police says Mr Ewins had reached under a cushion and pulled out what looked like a gun, which turned out to be a fake weapon.
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The couple are suing authorities for damages over their injuries and have brought defamation action against the state.
A trial date was scheduled for July, when their case came before the Supreme Court on Thursday for a brief hearing.
"For 20 to 25 days," Associate Justice Melissa Lee Daly said, as she pencilled in the dates.
The judge noted mediation was set to occur between the parties in coming weeks, which could impact trial proceedings.
Mr Ewins and Ms Zukys were not present in court, with their case adjourned to July 29.
