Gunns' case against the remaining defendants will go to trial in February 2010, more than five years after the first writs were orginally served in December 2004.

The case is now before Justice Forrest who has estimated that the trial, when it finally arrives, will run for up to five weeks.

The next directions hearing in mid-August will determine whether the trial is judge-only or before a jury.

The case has already cost an estimated $3 million and is likely to cost much more by the end. It is already considered the longest running and most expensive case of its kind in Australia's legal history.