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Lawyers for former union official Bruce Wilson - Julia Gillard's ex-boyfriend - are pushing ahead with a Supreme Court appeal against a magistrate's decision to allow Victorian fraud squad detectives access to hundreds of documents over an alleged union slush fund.
The lawyers are seeking to set aside a ruling handed down by Chief Magistrate Peter Lauritsen in December that Victoria Police could inspect 363 documents seized under warrant on May 13 last year from the law firm Slater & Gordon.
Ms Gillard had been a partner at Slater & Gordon in the 1990s when she helped provide legal advice to establish the Australian Workers Union Workplace Reform Association.
Police allege Mr Wilson later used the association to siphon hundreds of thousands of dollars from construction giant Thiess and to purchase a house in Fitzroy in 1993.
Ms Gillard attended the auction with Mr Wilson, who subsequently lived in the property. Slater & Gordon handled the conveyancing and helped provide finance.
Ms Gillard, who has denied any wrongdoing, later described the association to her firm as a "slush fund".
Mr Wilson claimed client legal privilege over the documents, but Mr Lauritsen rejected the claim, saying the evidence of former union leader Ralph Blewitt "establishes that Thiess was deceived".
"It [Thiess] believed it was paying for a particular service. The association provided no such service," he said.
"I am satisfied that, in each instance, the communication was made or the document prepared in furtherance of the commission of a fraud or an offence."
Mr Wilson had denied any wrongdoing and has not been charged with any offence but the police investigation continues.
The case was listed to return to the Supreme Court at 2.15pm on Monday before both parties agreed to have the proceedings adjourned by consent without the need for any appearances in court.
A court spokesperson told Fairfax Media the case would now go to trial some time after June but a date had yet to be fixed.
Mr Wilson's lawyers want Mr Lauritsen's decision set aside and the case returned to the Melbourne Magistrates Court for a new hearing.
The notice of appeal documents filed with the Supreme Court claim questions of law in dispute include whether Mr Lauritsen erred by admitting into evidence three statements from Mr Blewitt made on November 23, 2012, and if the magistrate mistakenly relied for his reasons on the transcript of an interview given by Mr Wilson on the ABC's 7.30 program.
Mr Blewitt, who has admitted involvement in an alleged union fraud, gave the statements on the condition that their contents could not be used against him but he has yet to receive any immunity from prosecution.
In the ABC interview, Mr Wilson admitted the association's purpose was to fund election campaigns and that he had used some of the money to buy the Fitzroy house in 1993.
