The Secretary of Justice in Nauru says they expect the Opposition to file for a legal challenge to the state of emergency on Wednesday.
David Lambourne says the regulations, brought in in June because of a lengthy political deadlock, are within the constitution despite the Opposition's claims.
He says until last week, challenges were not allowed under the emergency regulations, but last week the President Marcus Stephen modified the rules.
Mr Lambourne says they also needed to appoint a judge to the vacant Supreme Court.
"And so that's where we are now. Last Monday the President appointed a Justice John von Doussa as a judge of the Supreme Court and he'll be coming to Nauru for his first sitting here on the 11th of October."