Lloyd Rayney's lawyers will argue a bid to end a phone tapping case on the seventh anniversary of his estranged wife's disappearance.
Mr Rayney has previously flagged an application for a stay of the proceedings, which allege he illegally intercepted Corryn Rayney's phone conversations in the lead up to her disappearance after a dance class on August 7, 2007.
Mrs Rayney was found just over a week later buried in Kings Park bushland.
Mr Rayney, a former prosecutor and barrister, was found not guilty of killing her after a highly publicised Supreme Court murder trial in 2012. His acquittal was also upheld by the Court of Appeal.
Commonwealth prosecutors have continued with a separate case which alleged Mr Rayney breached federal telecommunications laws and intercepted calls on the family phone to secretly listen to his estranged wife's conversations.
Mr Rayney has not formally pleaded but his defence team has previously argued it was not in the public interest to proceed with the case.
Prosecutors disagreed, with Mr Rayney's lawyers now set to argue that the case should be permanently frozen before a judge.
The argument was today set to occur in the District Court on August 7 which will mark seven years since Mrs Rayney's disappearance.