Canberra prosecutors have been warned that "serious consequences for the prosecution [of David Harold Eastman] will ensue" if the results of forensic tests are not finalised by the year's end.
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Acting Justice David Ashley, QC, in the ACT Supreme Court on Friday, declined to install a cutoff date after which time the prosecution could not add further evidence to the case against the accused cop killer.
But the judge put the prosecution on notice that he expected the full case to be disclosed to the defence by December 31.
Eastman is accused of the 1989 assassination of Assistant Federal Police Commissioner Colin Winchester.
He served 19 years in jail for the murder, until an inquiry found his 1995 trial had been a miscarriage of justice.
He has launched a stay application to halt the retrial on the grounds he will not be able to get a fair hearing.
But Eastman's legal team have protested the availability of evidence, arguing the application should be delayed until the defence is shown the entire prosecution case.
The prosecution last month flagged it intended to send botanical evidence, which they hope will link Eastman to the crime scene, to the Netherlands for forensic testing.
But the court on Thursday heard the material has still not yet been sent.
It is expected to be shipped within the coming weeks.
Defence counsel Mark Griffin, QC said it would be unfair to mount a stay application when the full prosecution case was unknown.
But the prosecution says the continued collection of evidence – including forensic tests overseas – should not delay the stay application.
But prosecutor Keegan Lee said prosecutors could never guarantee material would be added or subtracted from a case.
On Friday, Acting Justice Ashley said it would be "unsatisfactory" to hear the stay application while the tests were still outstanding.
The judge said he would not impose a cutoff date but expected the results to be provided to the defence by December 31.
Acting Justice Ashley also declined an application to dispense with Eastman's remaining two bail conditions.
Upon his release, Eastman had been required to abide by seven conditions.
Those had since been reduced, allowing him more freedom to travel, to conditions to reside and report.
Mr Griffin had argued after more than one year of freedom the conditions no longer provided any utility and caused confusion.
But the judge said Eastman still faced a serious charge and it was appropriate to have some form of restraint and monitoring in place.
Acting Justice Ashley ordered bail continue on the same terms.
