A disgruntled Palmer United Party candidate has won the right to challenge the Victorian election at the Supreme Court.

Maria Rigoni failed to win a seat in the state Parliament's Upper House at last November's election.

She accused the Victorian Electoral Commission (VEC) of breaching the law by allowing a record number of people to cast early votes and called for the election to be declared void.

Ms Rigoni has argued the VEC breached the Electoral Act by allowing voters to cast their ballots without properly declaring why they were unable to vote on polling day.

In the Supreme Court, she said independents and candidates from minor parties were disadvantaged because they did not get a chance to properly campaign in the electorate.

The Palmer United Party is not supporting Ms Rigoni in her case and she represented herself in court.

She told the court she was up against "very experienced legal practitioners".

Lawyers from the Victorian Government Solicitor's Office, acting on behalf of the VEC, tried to have the case dismissed by arguing it was an abuse of process.

"We say there's nothing in it," barrister Kylie Evans said.

"This court doesn't have jurisdiction to conduct a trial... it's an abuse of process."

Justice Jack Forrest disagreed, and said to dismiss the case summarily would put "procedure ahead of substance".

He said the case raised an important issue.

"In the public interest there should be a trial," Justice Forrest said.

"Why not let a judge work it out?"

Justice Forrest told Ms Rigoni her case was "higgledy-piggledy" in its current form and granted her extra time to gather material.

All parties agreed the case should be resolved quickly and are scheduled to return to court for trial next month.