Counsel for Robert Smerdon has challenged the jurisdiction of the Racing Appeals and Disciplinary Board to hear charges laid against the Melbourne trainer.
The RAD Board heard submissions from Tim McHenry, representing Smerdon, and those of Racing Victoria stewards regarding the Board's jurisdiction on Tuesday.
McHenry contends as Smerdon has surrendered his trainers' licence he is no longer bound by the rules of racing.
However Racing Victoria say that as Smerdon held a licence at the time of the alleged offences he is still bound by the rules.
The RAD Board will commence a hearing in the County Court on April 30 involving charges against eight people, including Smerdon, emanating from the scratching of Lovani at Flemington over alleged race day treatment at Flemington last October.