A family accused of making more than 28,000 fraudulent transactions will fight to have their charges withdrawn as the matter crawls through the courts.

Jeremias Olivier, his wife Johannah and their two daughters Venessa and Michelle did not appear in Sydney’s Downing Centre Local Court on Tuesday when lawyer Cabral Douglas argued their matter had been proceeding at a glacial pace.

“It has been about two years since charges were issued,” Mr Douglas told magistrate Clare Farnan.

“To think we haven’t seen one shred of evidence saying the crime has been committed … it’s almost been nine years since the (alleged) crime.”

Mr Douglas said he had been seeking disclosure of evidence for the past year.

“The prosecution has not provided anything,” he said.

Mr Douglas applied for a section 82 hearing, where he would argue for the charges to be withdrawn and all four members of the Olivier family discharged.

Ms Farnan approved for the hearing to go ahead in November.

All four members of the family have been charged with two counts of obtaining a financial advantage by deception, but no pleas have been entered.

According to court documents, the four members of the Olivier family were alleged to have dishonestly obtained a financial advantage from the commonwealth by obtaining Medicare payments that they were not entitled to.

The family allegedly obtained the false payments between July 18, 2013, and December 19, 2014.

Mr Olivier ran a dental van business Smiles Onsite, which was in 2018 convicted of X-raying thousands of children between 2014 and 2015 without a radiation licence or any training.

He started the dental vans in 2011, initially sending them to aged care homes to take advantage of a Medicare benefit scheme, but when it ended he rebranded them to take advantage of Medicare’s Child Dental Benefit Scheme, which gave children $1000 worth of dental work.

Originally published as Jeremias Olivier and family’s Medicare fraud case crawls through court