A magistrate has questioned "the case for secrecy" in the matter of Nick Kyrgios after the Canberra tennis star's lawyer asked her to set aside court time for a mysterious application.
Kyrgios, 27, has been charged with common assault after an alleged incident involving former girlfriend Chiara Passari in January 2021. He is yet to enter a plea.
It is understood police will allege Kyrgios pushed Ms Passari out of the doorway of an Uber as he attempted to leave a public place in the rideshare vehicle.
Kyrgios is overseas ahead of next week's US Open and was therefore not present in the ACT Magistrates Court when his case was mentioned for the first time on Tuesday morning.
Media filled the public gallery, with many reporters standing or sitting on the floor, as defence lawyer Michael Kukulies-Smith asked magistrate Louise Taylor for a November 25 listing.
"I can foreshadow an application at that time," Mr Kukulies-Smith told the court.
"I'm not in a position to confirm the application."
Mr Kukulies-Smith said one of his reasons for seeking the listing now, when it might otherwise be premature, was that Kyrgios spent "very little of his time in Australia".
While he did not disclose the nature of the proposed application, he said it was "capable, potentially, of finalising the matter".
"My friend is amenable," he said, referring to prosecutor Elizabeth Wren.
Ms Taylor replied: "That might be good for your friend."
The magistrate refused to list the foreshadowed application without the court being informed about how the time would be used.
""I'm not sure what the case is for the secrecy," Ms Taylor said.
Ms Wren told the court she "had no opposition" to what Mr Kukulies-Smith was asking for, but "it's not the case that I support the secrecy aspect of it".
"Well, it sounds like it," Ms Taylor fired back.
The magistrate ultimately adjourned the matter for six weeks after Mr Kukulies-Smith abandoned his quest for the November listing and said he would make some representations to Ms Wren's office in a bid to resolve the matter.
The case will therefore be back in court on October 4.
Kyrgios, a beaten finalist in this year's Wimbledon men's singles, was preparing for a quarter final at the UK grand slam when The Canberra Times revealed he had been charged.
He told media during that tournament that he was "only human", and it had been "hard" to see the subsequent worldwide coverage of the allegation.
"Obviously, I have a lot of thoughts, a lot of things I want to say, kind of my side about it," Kyrgios said in July.
"Obviously, I've been advised by my lawyers that I'm unable to say anything at this time.
"Look, I understand everyone wants to kind of ask about it and all that, but I can't give you too much on that right now."
