Dale Ewins and former girlfriend Zita Sukys were dressed like punk icon Sid Vicious and a naughty schoolgirl at Inflation nightclub's Saints and Sinners ball in July 2017.

The couple were engaged in a sex act when police swarmed the club and shot them both, despite police being told Mr Ewins' toy gun was a fake.

Mr Ewins and Ms Sukys are suing the state in the Supreme Court.

Justice John Dixon visited the nightclub on Tuesday morning, but returned to court in the afternoon and said the parties would go to mediation.

Ms Sukys lawyer told the court his client was not interested in it but would attend.

"She's not keen on another mediation," Craig Harrison QC said.

On Monday, the trial heard police responded after a concerned patron at the club saw the toy gun tucked into Mr Ewins' pants.

A critical incident response team was sent to investigate, but a staff member told police he had handled the gun and felt confident it was a toy.

Mr Ewins denies having pointed the toy at police during the confrontation, but police are adamant he did.

Footage from the nightclub shows Mr Ewins laughing as he points the fake gun at a bartender as he buys drinks with Ms Sukys.

His lawyer Jonathan Brett QC said Mr Ewins had shown his toy gun to two crowd controllers to ensure it was known to be a fake, and to a stripper, who was part of a troupe dressed as police for their performance.

However, officers with a ballistic shield, batons, a semi-automatic gun, Taser and a shotgun firing non-lethal bullets, stormed the club and swarmed the couple.

Mr Ewins was shot twice in the back, tasered three times, beaten and stomped on, while Ms Sukys was shot in the leg.

Chris Blanden QC, for the state of Victoria, said the initial report characterised Mr Ewins as "looking like a bikie with a tattoo on his forehead".

Audio from the aftermath of the shooting records Mr Ewins and Ms Sukys screaming in pain and swearing after they were shot.

The trial will resume on Wednesday.

Australian Associated Press