The defence for two ex-Marist brothers who face historic child sex abuse allegations is expected to argue in the ACT Supreme Court the pair should not face trial.
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Police charged John William Chute, 83, and Gregory Joseph Sutton, 64, as part of Operation Attest, an ongoing investigation into child sexual abuse in Canberra schools in the 1980s.
Mr Chute, also known as Brother Kostka, was charged with two indecent assaults on a male and two acts of indecency on a child, while Mr Sutton faces three charges of indecent assault on a male.
Neither man has entered pleas.
Both cases were briefly mentioned in court before Magistrate Peter Dingwall on Tuesday.
Sydney defence lawyer Greg Walsh suggested the cases be moved to the Supreme Court so matters that may prevent the charges proceeding to trial could be dealt with there.
Mr Walsh told the court that Mr Chute was an ageing man and had been found not fit for trial in NSW on separate charges since the matter was first in court.
The court previously heard he suffered from Parkinson's disease and dementia.
Mr Walsh has also questioned the jurisdiction of the ACT's courts to handle Mr Sutton's charges.
He said his client was previously extradited from the United States to face criminal charges and had successfully appealed to the High Court in 1999 because they were post-extradition offences.
Mr Sutton couldn't previously be charged in the ACT because the offences were subject to the statute of limitations, Mr Walsh said.
The court heard prosecutors needed time to get material from police before the cases were back in court on May 17, when they were expected to be committed to the higher court.
