The duo, both of whom remain in custody without bail, were excused from appearing in Wollongong District Court on Tuesday, instead leaving their lawyers to indicate the trial would proceed as previously scheduled.

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Judge Julia Baly formally confirmed the May 31 start date, which was set in July last year after the pair pleaded not guilty to manslaughter charges in the Local Court.

The trial is expected to begin with two days of legal argument and last up to five weeks, with at least one witness coming from interstate to give evidence.

Butler and Russell stand accused of causing Mr Merrett's death in the early hours of May 18, 2019, when the Ford Territory he was a passenger in slammed into the back of a truck on the Princes Highway at Albion Park Rail, causing Mr Merrett to be ejected from the vehicle. He died instantly.

Three other passengers were injured in the crash.

It will be alleged Butler was driving and Russell a passenger in a silver Toyota Corolla that was chasing the Territory at high speed following a dispute earlier in the night over a $150 debt.

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