Victoria Police has filed its legal defence to a civil action taken by a couple who were shot by heavily armed officers at a King Street nightclub, which appears to contradict an account given by a senior officer just hours after the the incident.

Dale Ewins, 36, and Zita Sukys, 38, are suing police after they were shot as they engaged in a sex act during the "Saints and Sinners" swingers' party at the Inflation club on July 8

Police say they were acting in self defence after Mr Ewins reached under a cushion for a gun which he then pointed at them.

But Victoria Police's defence statement appears to contradict comments made by Superintendent Lisa Hardeman who claimed Mr Ewins "took the firearm from his pants and aimed it at police".