The state on Wednesday applied for the trial to be determined by a judge alone, noting a jury could be tainted by the extensive publicity surrounding Ms Gobbo.

The case was also legally and factually complex which could be problematic for a jury, state barrister Bernard Quinn KC told the court.

Ms Gobbo's barrister Tim Tobin SC said his client wanted a jury trial because they could objectively determine the case.

She also has concerns with the Victorian judiciary, particularly former director of public prosecutions Kerri Judd who decided against charging those implicated in the Lawyer X saga and was made a Supreme Court justice on Tuesday.

"The plaintiff has concerns there would be, in the course of the evidence, the raising of the names of at least two DPPs, one of which was appointed yesterday," Mr Tobin told the court.

"The appointment yesterday raises particular concern."

Justice Andrew Keogh raised his own concerns with Mr Tobin, questioning whether Ms Gobbo was seeking a non-Victorian judge to preside over her case.

Mr Tobin said he only wanted to raise the issue with the court, stating he did not believe there would be an issue if there was a jury involved.

But Justice Keogh said that was inappropriate.

"You can't dance around that - it's either an issue that needs to be addressed or it's not," the justice said.

"You haven't raised it to date."

Mr Tobin confirmed he would make an application to recuse all Victorian judges from the case, following repeated questions from the judge.

"I'm instructed to say the plaintiff is so concerned she would seek someone other than a member of the court," he said.

The application will be heard in the Supreme Court on Thursday afternoon.

Justice Keogh will determine whether it's a judge-alone or jury trial only after the recusal application is finalised.