The 51-year-old accused did not appear in Tamworth Local Court on Monday to discuss when the rest of the hearing could go ahead as the COVID-19 crisis continues to unfold.

Defence solicitor Michael Ayache appeared via video link from Sydney, and told magistrate Peter Thompson he may seek leave to withdraw from representing Foxman.

"That's not what I was expecting to hear," Mr Thompson said.

"I wanted to see what was happening given the COVID situation in Sydney."

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The hearing is in relation to charges Foxman faces for allegedly attempting to pervert the course of justice and influence witnesses after police claim a graphic sex show was held illegally at the Imperial Hotel in 2019.

Mr Ayache represented Foxman during the first two days of the hearing back in May, but it was adjourned to September to wrap up and for the final witnesses to be called.

"There have been some developments and Mr Foxman's instructions are difficult to follow," Mr Ayache told the court.

"If I can resolve my issues with Mr Foxman I will advise the court."

Mr Thompson asked the Sydney-based defence lawyer if he could make it to Tamworth to finish the hearing in September, but offered alternative dates in December if the COVID situation had not improved.

Mr Ayache replied that perhaps the later date would give him a chance to resolve the issues he was having with Foxman, though said that "may or may not" happen.

Mr Thompson said the September dates were preferable, but it came down to whether hearings could run in Tamworth at that time.

The court heard the Crown witnesses in the case would already be in Tamworth, and it would be Foxman and his defence team who would need to travel.

"The matter has a right to be resolved in Tamworth, it's clearly a Tamworth local issue," Mr Thompson said.

He said video link provisions could be made for Foxman to appear from Sydney if needed, as he did when the matter was part-heard in May.

Mr Thompson denied Mr Ayache a leave of absence from representing Foxman in the case and asked him to appear again in September - either via video link if he was no longer involved, or in person if he had been re-engaged.

Two days in December were pencilled in as a precaution, to finish the hearing if needed.

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