Suspended Chief Justice Daniel Fatiaki's case challenging the legality of the three member tribunal to conduct an investigation against him was called in chambers before magistrate Justice Thomas Hickie this morning.

Munro Leys and state lawyers have now been given time to hand in written submissions within 21 days on their arguments.

Justice Fatiaki's lawyers are expected to make submissions challenging the legality of the tribunal, on the grounds that it was improperly appointed and that the appointment of the tribunal was unconstitutional.

Lawyers representing the state have made a submission to strike out the case, arguing that the appointment was made in accordance with the constitution by the president, to conduct an independent inquiry against the suspended chief justice.

Justice Hickie has adjourned the case till the 8th of August for mention while he seeks further clarification on certain issues.