Stephen George Russell's Tamworth trial set in 2022 for deadly 2019 crash on Oxley Highway near Walcha

Stephen George Russell was flanked by a supporter in Tamworth District Court and was visibly shocked that a new trial for the 2019 double fatal would not be available until February next year.

Judge Deborah Payne said it was the first trial date for a jury that could hear the seven day case.

Russell had been due to stand trial in December before it was dramatically abandoned on the first day when new evidence came to light, which cannot be reported for legal reasons.

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At the time, the Crown said it had been "blindsided" by the development in the case, which the judge said was "extraordinary" and "very significant".

The court heard this week that since then "the Crown has been following" the disclosures made.

"The witness disclosed new material," a solicitor for the DPP said, adding more inquiries were ongoing.

"Some of them are completed, some of them are not."

She conceded the results of the further investigations "will determine how the matter will proceed", and if a trial goes ahead, but said the delays in the district court meant a trial date should be set.

She said the same charges were still being prosecuted by the Crown and they could provide more information on the progress by April.

"Just to keep the court updated how the matter is progressing given that there's a number of requisitions that have been pursued," she told the court.

Russell's accused of four charges including two counts of dangerous driving occasioning death; dangerous driving causing grievous bodily harm; and doing an act with intent to pervert the course of justice.

The Crown claims Russell was driving in a dangerous manner before the crash on the Oxley Highway on January 3, 2019.

Lynette Marie Russell, 72, who was in the front seat, and 38-year-old Stephen Leslie Russell, who was in the back seat, died at the scene as a result of their injuries.

Another passenger in the backseat was seriously injured and airlifted to hospital.

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