Labor senator Sam Dastyari will face claims in court he reneged on an agreement to pay Craig Thomson's lawyer $35,000 to keep defending the former MP against fraud charges.
A Sydney Magistrate on Tuesday set down a date of April 2 next year for a hearing.
Lawyer Chris McArdle told Fairfax Media he would call Senator Dastyari as a witness to answer allegations he promised money towards the legal fees being accrued by Mr Thomson.
Senator Dastyari and the Labor Party deny any deal was made and plan to vigorously defend the case.
A spokesperson for the senator said: ''Untrue, furthermore this matter was dealt with by the ALP finance committee which resolved to discontinue any support.''
That was a reference to the decision in May last year the party would no longer add to the $350,000 it had spent on Mr Thomson's legal fees. Mr McArdle said it was his ''understanding'' assurances had been given by some in the Labor machine support would continue.
Mr McArdle said he would bring ''corroborated evidence'' a deal existed and was brokered on February 13 when Senator Dastyari was general-secretary of the NSW ALP. Mr McArdle claims he was offered two payments, of $25,000 and $10,000.
Mr Dastyari is represented by Labor-aligned Holding Redlich, the same firm that once represented Mr Thomson. Mr McArdle will be asking why the firm should continue to be involved in the matter.