A controversial claim for compensation by one of the men acquitted of attacking policeman Matt Butcher will go to trial.
At a closed pre-trial conference in the Perth District Court on Thursday the parties agreed the matter would proceed to trial - on a date yet to be set.
Senior Constable Butcher was left partially paralysed in February 2008 after Barry McLeod struck him with a "flying headbutt" during a brawl outside the Old Bailey Tavern in Joondalup.
Barry McLeod was filmed on a mobile phone headbutting the police officer, but escaped a conviction for assault. His father Robert and brother Scott were also acquitted of assault after counsel for the McLeods successfully argued that police had used "unnecessary and excessive force" against them.
But in February 2011, Robert McLeod launched civil action against Senior Constable Butcher, WA Police and the State of Western Australia in the wake of a landmark $3.3 million ex-gratia payment to the injured officer.
Mr McLeod sought unspecified damages for "personal injury committed with malice" and "wrongful battery" relating to the police's use of a Taser stun gun on him, which led to a heart attack.
On Thursday, Senior Constable Butcher said he was pleased with the outcome of the pre-trial conference and looked forward to defending his actions in court.
WA Police Union president George Tilbury said on Wednesday that Senior Constable Butcher had his full support.
"This legal action must be vigorously defended, and the State Government needs to assign its best resources to the case," he said.
"Senior Constable Butcher was the victim in this melee and he has our full support. We will do whatever it takes to make sure the right thing is done by him and all other police officers in this state."
At the time the civil writ was lodged, then WA Police deputy commissioner Chris Dawson said: "The civil action against Constable Matt Butcher will be vigorously defended by the State and WA Police will continue to support (Senior) Constable Matt Butcher".
In 2009, Senior Constable Butcher was awarded a Commissioner's Medal for Excellence, one of the force's top honours in recognition of his determination to return to work despite the severity of his injuries.
