A court battle over who should have ownership of a copy of the national apology document may now involve Federal Indigenous Affairs Minister Jenny Macklin.

The original document from the apology to the Stolen Generations is in Parliament House in Canberra.

Two special copies were later presented to the National Sorry Day Committee and the Stolen Generations Alliance.

It is possession of the committee's copy that is being contested in the ACT Supreme Court.

The current committee says the document belongs with it, but former co-chair Helen Moran says the copy was given to her.

The contest over ownership of the certificate is part of a bitter court battle which has seen two rival groups at loggerheads over control of the committee.

Today Justice John Burns asked lawyers in the case if the matter could be resolved by simply asking Ms Macklin to decide the ownership.

The court heard she had declined, prompting Justice Burns to reflect a subpoena may help encourage her.

A hearing into the case has been set down for August.