Jacob Hersant, 24, will make a constitutional argument as he fights one charge of intentionally performing the Nazi salute, his lawyer told Melbourne Magistrates Court on Friday.
He is accused of making the gesture outside the County Court in October, about six days after Victorian laws banning it came into effect.
Hersant faced the court on Friday by video link, with his new lawyer Sarah Gaunt explaining she could not be there in person.
Ms Gaunt asked for an adjournment as she said Hersant had raised an issue in relation to a constitutional argument but did not go into detail on what that was.
She said notice needed to be given to every state and territory attorney-general, and federal Attorney-General Mark Dreyfus, about the argument, and time given to allow them to decide if they will respond.
"That's obviously going to take some time to do," Ms Gaunt said.
Magistrate David Starvaggi ordered Hersant and Ms Gaunt to both appear in person at his next appearance.
"I'm directing that all parties physically attend court on that day, no exceptions," the magistrate said.
Hersant, who is on bail, will next face the court on February 29.
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