Nick Kyrgios will attempt to have a charge of assaulting his former girlfriend Chiara Passari dismissed on mental health grounds.
The 27-year-old tennis star has been charged with common assault after allegedly assaulting Ms Passari in Canberra last year, with the case before the ACT Magistrates Court.
The offence carries a maximum jail sentence of two years if convicted.
His lawyer Michael Kukulies-Smith told magistrate Glenn Theakston on Tuesday that Kyrgios had experienced mental health issues, which had been disclosed in his medical records over the past seven years.
Kyrgios’s legal team applied to have the Magistrates Court deal with his charge under Section 334 of the local Crimes Act and asked the court for an adjournment to allow them time to prepare a report to support their application.
The Act gives the court power to dismiss a charge where it is satisfied that the accused is mentally impaired and the facts or other relevant evidence supports the person being dealt with under this division.
Mr Kukulies-Smith told the court his client would prefer to appear in person at the hearing and have the matter dealt with this year.
But his lawyers’ and the court’s clashing schedules mean the matter has been adjourned until February 3.
Kyrgios, who is in Tokyo playing at the Japan Open, was not required to appear in court for the largely administrative hearing on Tuesday.
The world No 20 told reporters in Tokyo he had been dealing with the court case “for months” and was taking it “day by day”.
“There’s only so much I can control and I’m taking all the steps and dealing with that off the court,” Kyrgios said.
“I can only do what I can and I’m here in Tokyo and just trying to play some good tennis, continue that momentum and just try to do my job – and that’s play tennis, play it well. That’s it.”
Kyrgios opened up on his mental health in February.
He said his performance at the 2019 Australian Open had been “one of my darkest periods” despite it being a time when “most would assume I was doing ok mentally or enjoying my life”.
“I was lonely, depressed, negative, abusing alcohol, drugs, pushed away family and friends,” he wrote on Instagram
“I felt as if I couldn’t talk or trust anyone. This was a result of not opening up and refusing to lean on my loved ones and simply just push myself little by little to be positive.”
Tuesday’s adjournment is the latest in a series of delays for his criminal court case.
Kyrgios was initially due to face the Magistrates Court on August 2, but the hearing was postponed for three weeks due to his competition schedule.
Kyrgios’ lawyers then attempted to have the matter adjourned until November 25.
Magistrate Louise Taylor rejected the application for the three-month delay but agreed to a six week adjournment until October 4.