Even if Hope Rinehart Welker withdrew in March the lawsuit she initiated seeking the removal of her mother, billionaire Gina Rinehart, from heading the family trust, her two siblings continued the case.

John Hancock and Bianca Rinehart, despite allegedly receiving their share from a multibillion billion settlement payment that their mum provided to Hope in exchange for dropping from the lawsuit, are apparently using the same money to fund the case.

The two sought before the New South Wales Supreme Court the appointment of Bruce Carter, an Adelaide businessman, to replace Ms Rinehart as the head of the trust that controls almost one-fourth of Hancock Prospecting. Mr Carter heads the government-owned shipbuilder ASC and was a founding partner of Ferrier Hodgson.

The siblings, estranged from their mum, initially did not provide the court the name of their proposed replacement, which was criticised by Judge Patricia Bergin who is handling the case.

"It is a significant change that you are seeking ... If your client is going to seek to amend to a trustee that is not a family member, then I will have to bring it back to see what the attitude of the other parties is," The Australian quoted the judge.

Ms Rinehart is expected to face the NSW Supreme Court in October for cross-examination. Her lawyers said she will probably appear at the trial.

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