The case of two Victorian union officials accused of blackmail is set to return to court after the pair failed to have their charges dismissed.
John Setka and Shaun Reardon are the state and assistant secretary respectively of the Construction Forestry Mining and Energy Union and are accused of blackmailing Boral executives Paul Dalton and Peter Head at a meeting in Melbourne in April 2013.
The union pair in March failed in the Court of Appeal to have their Melbourne Magistrates Court committal hearing stopped.
They previously lost a Supreme Court bid to have the charges struck out.
Setka and Reardon have indicated they are likely to take their appeal to the High Court.
The matter is set to return to the Melbourne Magistrates Court for an application on Friday.