The 27-year-old is charged with one count of common assault over an alleged incident involving his ex-girlfriend Chiara Passari in January last year.
He wasn’t in court today as he prepares for his first round match at the Japan Open in Tokyo tonight.
In his absence, his lawyer Michael Kukulies-Smith applied for the ACT Magistrates Court to deal with his charge under Section 334 of the Crimes Act, which gives the court the power to dismiss a charge where it is satisfied the accused is mentally impaired.
The application will be heard on February 3, and despite not being required to attend, Kyrgios will be there in person.
“My client’s preference is to attend,” Kukulies-Smith said.