Ms Mackinnon, 30, appeared briefly in the Supreme Court on Friday where Justice Lex Lasry listed her trial to start on November 23.

Justice Lasry ordered the Crown to file a summary of the prosecution opening by August 28 for the two-week trial and the defence file a response by September 11.

Paul McVeigh, 60, suffered a serious facial wound and gashes to his arms, legs and feet on December 13, 2013, while on a trip on Port Phillip Bay, off the coast of Portsea, as a passenger on board Moonraker Dolphin Swims owned and operated by Ms Mackinnon. He was dragged from the water, but died on the boat.

Ms Mackinnon had been the skipper of the Moonraker at the time and initially faced six charges over Mr McVeigh's death, but the most serious charge of manslaughter was withdrawn by prosecutors during an earlier committal hearing in Melbourne Magistrates Court.

Three other charges were struck out but the magistrate committed Ms Mackinnon to stand trial on charges of culpable driving causing death and the alternate offence of driving a vessel in a dangerous manner causing death.

The magistrate found that although Mr McVeigh defied safety instructions by jumping off the Moonraker while it was moving, he should never have been allowed to have been standing on a diving platform at the stern when the boat was in reverse.

Mr McVeigh was standing on the diving platform having his photograph taken by a crew member when without warning he jumped off the boat.

The magistrate said Ms Mackinnon was negligent over the passenger's death, but it was up to a jury to determine whether she was guilty of gross negligence.

Ms Mackinnon's defence barrister claimed Mr McVeigh would have heard the warnings not to jump from the boat while it was moving, and that common sense should also have told him not to.
Justice Lasry extended Ms Mackinnon's bail until the start of her trial.