A third serious trial could be delayed because of a Legal Aid funding policy that is threatening to cause a crisis in the Victorian court system.
The Supreme Court heard on Tuesday that a barrister is expected to make an application to have a trial postponed because his client only has funding for a solicitor for two half days of the trial.
It comes after two trials were adjourned in the past two court sitting days because of the funding issue.
The Victoria Legal Aid (VLA) policy, introduced last month, provides for funding of a solicitor for two half-days during a trial.
The judge in the case on Tuesday suggested the barrister should apply to VLA for a second barrister for the trial.
The barrister said if VLA was prepared to spend more money on a second barrister rather than a solicitor he would apply for that.
A VLA spokeswoman said on Monday there was a provision for Victoria Legal Aid to fund two barristers in some cases.
It is the latest chapter in an issue that threatens to trigger a crisis in the Victorian justice system.
"I have no reason to think that they're not making the right decision about that," Mr Baillieu said.
Law Council of Australia president Joe Catanzariti said the problems in Victoria were symptomatic of a national legal aid system in turmoil.
"It is deeply concerning that trials are now being delayed as a result of the continued underfunding of legal aid in Australia," he said in a statement.
As he postponed a murder trial on Monday, Justice Terry Forrest warned it was likely to happen to other trials as well.
"This is incompatible with the proper, timely and just administration of criminal justice," he said.