Not guilty plea ... Peter Slipper. Photo: Alex Ellinghausen
The former speaker Peter Slipper will not be required to enter a plea when he appears at the Canberra Magistrates Court accused of defrauding the Commonwealth on Friday morning.
It is understood Mr Slipper's legal team will try to use the ''Minchin protocol'' in defence of its client.
Fairfax understands Mr Slipper's lawyers will seek to have the case adjourned, relieving Mr Slipper of the need to plead on Friday. It is expected he will plead not guilty at a later date.
Under the Minchin protocol, when ministers are accused of misusing their parliamentary entitlements, the matter is first referred to the finance department.
If the finance department believes the allegation is credible, it will direct the minister to respond to the allegation.
The department can then recommend the MP be allowed to repay the money.
But a finance department spokesman said last month the Minchin protocol did not apply where an allegation was referred directly to the Australian Federal Police.