Serial killer Bandali Debs will be moved to Victoria from his NSW prison to give evidence in person next year as his co-accused Jason Roberts fights his police murder conviction.
Both men were jailed for life for the 1998 murders of Sergeant Gary Silk and Senior Constable Rodney Miller, while Debs was also convicted of two other murders.
Roberts, who has always maintained his innocence, hopes new alibi evidence will clear his name after a successful push for a petition for mercy last year.
"He (Debs) will have to attend to give evidence in person," Justice Robert Osborn told the Supreme Court on Thursday, ahead of the February hearing.
He said arrangements would need to be made for Debs to come from interstate as appearing via videolink was deemed unsatisfactory.
Roberts' lawyer Peter Matthews told the court he wants to consider the implications of a bill introduced to parliament, given "undoubtedly fresh evidence" from the Independent Broad-Based Anti-Corruption Commission inquiry into police misconduct.
The body has investigated allegations of serious misconduct by Victoria Police officers in the investigation of the murders and a report is due to be tabled in parliament later this year.
Under existing law, if new evidence is discovered after a convicted person has exhausted their appeal rights the only avenue to have a conviction overturned is a petition for mercy.
A bill introduced to parliament on October 16, if it became law, would allow an appeal if there is fresh and compelling evidence to show a substantial miscarriage of justice.
"We see the bill that is before parliament as a substantial progression in terms of the expeditious dealing with this," Mr Matthews said, while asking for an adjournment to consider the bill.
"It raises complex issues for our client on a number of fronts."
Justice Osborn said while the bill appears to have its own complications, the matter would proceed on February 4, unless instructed otherwise.
He said the current scope of the case was about new evidence, not "fresh evidence".
"Your submissions and your petition itself have traversed into some matters that might be characterised as fresh evidence. But the court of our inquiry relates to new evidence," Justice Osborn said.
"The matter cannot simply be delayed to suit your client's convenience ... It seems to us, we must resolve it, unless the attorney advises us that we should not."
Issues previously raised about funding Roberts' appeal have since been resolved.