Disgraced former Federal Court judge Marcus Einfeld is to be examined by a crown psychiatrist in advance of his appeal against his two-year minimum jail term.

Last month, the Court of Criminal Appeal was told a new psychiatric report, obtained by the defence, concluded Einfeld had been suffering from a previously undiagnosed and untreated bi-polar mood disorder.

His lawyers argued the new diagnosis would show his condition at the time of sentencing and at the time of committing the offences was "misunderstood".

The 70-year-old retired judge was jailed in March, after pleading guilty to making a false statement on oath and to making a false statement with intent to pervert the course of justice.

The case stemmed from the web of lies he concocted to avoid incurring demerit points on his driver's licence after being issued with a $75 speeding ticket in 2006.

His appeal was mentioned briefly before Registrar Gabrielle Drennan on Thursday, when she directed the crown to serve its psychiatric report on the defence by December 3.

She listed his appeal, which is expected to last one day and involve the cross-examination of psychiatrists, for February 24.

Ms Drennan said Einfeld's lawyers could apply to have the appeal relisted for a two-hour hearing on December 16, if their instructions change.

The matter will be mentioned again on November 12.