There have already been allegations of bikie bashings and media harassment.

But Neil Brooks claimed that was the tip of the iceberg after the Olympic champion and his wife were committed to stand trial over an alleged business fraud worth almost $2 million.

Brooks said he looked forward to the whole story being told after his barrister unsuccessfully argued his clients had no case to answer at Brisbane Magistrates Court on Wednesday.

Brooks, 60, and his wife Linda have been accused of making dishonest representations to induce Glenn Melcheck and his wife to pay $1.95m and buy 50 per cent of their sports merchandise company in 2008.

The company collapsed months later.

Defence barrister Chris Wilson made the no-case submission after a late 2022 committal hearing was told of allegations about Mr Melcheck.

In 2010 Brooks' nose was broken after being jumped on the Gold Coast by bikies hired by Mr Melcheck, the committal heard.

And in 2012 Mr Melcheck spoke to the Nine Network - which later did a story on the fraud allegations - in a bid to get the media to "hound" Brooks, Mr Wilson told the hearing.

Mr Melcheck did not provide a written statement to police about the fraud claims until March 2016.

More than five years after being charged, Brooks and his wife have been committed to stand trial on one count of fraud.

"Obviously really disappointed today. We had hoped for a better outcome," Brooks said outside court.

"In some ways it is just the beginning.

"Maybe the whole story is supposed to be told ... (what was said) at committal it's just the tip of the iceberg of what has happened here."

Mr Wilson on Wednesday said there was not enough evidence to put his clients on trial.

He said there were inconsistencies, noting Mr Melcheck had told the committal he mostly relied on the Brooks' business proposal documents when deciding to buy a company stake.

Mr Melcheck told a separate civil court case he had relied principally on his accountant's advice, Mr Wilson said.

The accountant had refused to give evidence, the court heard.

Mr Wilson said the accountant was critical to the Brooks' case and in his absence his clients could not lawfully be convicted on the evidence.

He conceded the investment proposal documents were "exaggerated and inflated" but said Brooks and his wife had not authorised for them to be provided - or personally gave them - to the Melchecks.

Magistrate Peter Saggers said he was satisfied there was a prima facie case for the Brooks to stand trial in Brisbane District Court at a date to be fixed.

"The inconsistencies in that evidence are for the jury to resolve," he said.

After being introduced in late 2007 by a third party, the Brooks and Melchecks had a number of meetings before an agreement was signed in January 2008, the committal heard.

Days later the Melchecks paid a $50,000 deposit before settling the deal in February, only for the company to fail in a few months.

Mr Saggers on Wednesday said it "struck me as being bizarre" the Melchecks paid almost $2m in about two weeks.

Brooks and his wife pleaded not guilty and were released on bail.

"The magistrate decided that Mr Melcheck's credibility will be decided by a jury which we welcome and look forward to - the fight continues," Brooks said.

Brooks earned fame as part of Australia's "Mean Machine" freestyle relay team, winning 1980 Olympic gold before becoming a leading TV sport presenter.

© AAP 2023

Pat Cummins has labelled Australia's epic two-wicket win over England as the greatest of his Test career after producing a captain's knock for the ages to kick off the Ashes in spectacular fashion.

Chasing 281 for victory, Australia looked gone at 8-227 at the start of the final hour of day five before Cummins and Nathan Lyon conjured their own miracle of Edgbaston.

The pair put on 55 for the ninth wicket, with Cummins sealing victory at 7.21pm in Birmingham when Harry Brook bumbled a guided shot to third man over the rope.

Cummins had scored an unbeaten 44, Lyon finished with the most valuable 16 runs of his life and Australia took victory with 4.3 overs left.

"That's number one, absolutely," Cummins said when asked where the win ranked.

"At the start of an Ashes series, that's number one."

After first-innings centurion Usman Khawaja set up the chase with his 66, Australia's hopes looked shot when he played on to a Ben Stokes ball in the final session.

Alex Carey then fell shortly after for 20, superbly caught-and-bowled by Joe Root.

England were then left to rue several chances, including Root grassing a tough chance off Cummins when Australia's captain was on six and Stokes putting down a diving outfield catch with Lyon on one.

Suddenly, it was England who were guilty of being too defensive in the field as they left men on the boundary and allowed two bowlers to eke out the runs required.

But for Australia, this victory will mean so much as they seek their first Ashes series win in England since 2001.

They have lost almost every close game they have played in the last decade. This was their best fourth-innings chase since Cummins hit them to victory on debut against South Africa in 2011.

Prior to Tuesday, they had also been beaten in every match against England in Tests decided by three or fewer wickets or 15 runs since 1926.

But just like Headingley 1981, Edgbaston 2005 and Headingley 2019, this Test will immediately go down in Ashes folklore.

"It felt like almost from the first session of day one, it was 50-50 all the way along," Cummins said.

"It never felt like it swung too far one way or another. And I reckon that was the same until about 15 minutes to go."

While Cummins was the star of the final hour, it was player-of-the-match Khawaja who had his finest hour as a Test cricketer after years of torment in England.

The opener's century in the first innings held together Australia's response to England's 8(dec)-393 and ensured the tourists would almost reach parity in their 386.

Then after Stuart Broad ripped the heart out of Australia's top order in the second innings on Monday night and nightwatchman Scott Boland (20), Travis Head (16) and Cameron Green (28) fell on Tuesday, Khawaja remained resolute.

He barely offered a chance, accumulating singles without taking risks and keeping the calmest head in the midst of one of the most tense Test matches in years.

The 36-year-old faced 518 balls for the match, the most of any Australian in a Test this century, before he chopped on to Stokes.

"I'm not going to lie, I was absolutely s******g myself in the last five minutes," Khawaja admitted.

"This is by far my favourite match ever in my life.

"If you win the first game of the Ashes you set yourself up to win the series. There's no guarantees, we're in England, they're a good side but that first game is always big."

Khawaja's measured approach came in stark contrast to that of England.

They changed the field almost by the minute on Tuesday in a bid to unsettle Australia, after delivering on their promise to play with fearlessness with the bat.

But, ultimately, their aggressive nature came back to bite them, with their first-innings declaration after 78 overs leaving behind runs that could have been crucial.

"Losing sucks," Stokes said, while adamant he did not regret the declaration.

"It's not a psychological blow at all. It's obviously very disappointing but it proves what we are capable of doing against Australia."

© AAP 2023

"Banging sounds" have been heard during the search for a missing submersible, US media outlets have reported citing an internal government memo.

The reports by media outlets including CNN come as rescuers scour the remote North Atlantic for a third day, racing against time to find the submersible after it disappeared while taking wealthy tourists to see the wreckage of the Titanic in deep waters off Canada's coast.

The six-metre Titan submersible has the capacity to stay underwater for 96 hours, according to its specifications - giving the five people aboard until early on Thursday before air runs out.

Captain Jamie Frederick of the US coast guard told reporters at a press conference on Tuesday there were about 40 hours of breathable air left aboard the submersible.

One pilot and four passengers were inside the miniature sub early on Sunday when it lost communication with a parent ship on the surface about an hour and 45 minutes into its two-hour dive.

As Canadian and US authorities stepped up the search, previous questions about the safety design and development of the submersible by its owner, US-based OceanGate Expeditions, came to light.

The Titanic site is about 1450km east of Cape Cod and 644km south of St John's, Newfoundland.

US and Canadian aircraft have searched almost 20,000 square kilometres, larger than the state of Connecticut, Frederick said.

He said the Canadian military has dropped sonar buoys to listen for any sounds that might come from the Titan, and a commercial vessel with a remote-controlled deepwater submersible was also searching near the site.

A French research ship carrying an autonomous deep-sea diving vessel has been dispatched at the request of the US Navy and was expected to arrive at the search area Wednesday night local time, the Ifremer research institute said.

Those aboard the submersible, the highlight of a tourist expedition that costs $US250,000 ($A370,000) per person, included British billionaire Hamish Harding, 58, and Pakistani-born businessman Shahzada Dawood, 48, with his 19-year-old son Suleman, both British citizens.

The 77-year-old French explorer Paul-Henri Nargeolet and Stockton Rush, founder and CEO of the vessel's US-based operating company OceanGate, were also reported to be on board.

Authorities have not confirmed the identity of any passenger.

Rescuers face significant obstacles both in finding the Titan and in saving the people aboard, according to experts.

If the submersible experienced an emergency in mid-dive, the pilot would likely have released weights to float back to the surface, according to Alistair Greig, a professor of marine engineering at University College London.

The submersible is sealed with bolts from the outside, which means the occupants cannot escape without assistance even if it surfaces.

If the Titan is on the ocean floor, a rescue effort would be even more challenging due to the extreme conditions below the surface.

The Titanic lies 3810 metres underwater, where light does not penetrate.

Only specialised equipment can reach those depths without getting crushed by the massive water pressure.

"It's really a bit like being an astronaut going into space," Titanic expert Tim Matlin said.

"I think if it's on the seabed, there are so few submarines that are capable of going that deep.

"I think it was going to be almost impossible to effect a sub-to-sub rescue."

The sub hull design's ability to withstand such depths was questioned in a 2018 lawsuit filed by OceanGate's former director of marine operations David Lochridge, who said he was fired after he raised safety concerns.

OceanGate said in its breach-of-contract suit against Lochridge, who is not an engineer, that he refused to accept the lead engineer's assurances and accused him of improperly sharing confidential information.

The two sides settled the case in November 2018.

The company did not respond to requests for comment from Reuters and its lawyer in the Lochridge case, Thomas Gilman, declined to comment.

A lawyer for Lochridge declined to comment except to say, "we pray for everyone's safe return".

OceanGate said it was "mobilising all options" and US Coast Guard Rear Admiral John Mauger told NBC News the company was helping to guide the search efforts.

"They know that site better than anybody else," Mauger said.

"We're working very closely with them to prioritise our underwater search efforts and get equipment there."

© RAW 2023

Rescuers are scouring the remote North Atlantic for a third day, racing against time to find a missing submersible after it disappeared while taking wealthy tourists to see the wreckage of the Titanic in deep waters off Canada's coast.

The six-metre Titan submersible has the capacity to stay underwater for 96 hours, according to its specifications - giving the five people aboard until early on Thursday before air runs out.

Captain Jamie Frederick of the US coast guard told reporters at a press conference on Tuesday there were about 40 hours of breathable air left aboard the submersible.

One pilot and four passengers were inside the miniature sub early on Sunday when it lost communication with a parent ship on the surface about an hour and 45 minutes into its two-hour dive.

As Canadian and US authorities stepped up the search, previous questions about the safety design and development of the submersible by its owner, US-based OceanGate Expeditions, came to light.

The Titanic site is about 1450km east of Cape Cod and 644km south of St John's, Newfoundland.

US and Canadian aircraft have searched almost 20,000 square kilometres, larger than the state of Connecticut, Frederick said.

He said the Canadian military has dropped sonar buoys to listen for any sounds that might come from the Titan, and a commercial vessel with a remote-controlled deepwater submersible was also searching near the site.

A French research ship carrying an autonomous deep-sea diving vessel has been dispatched at the request of the US Navy and was expected to arrive at the search area Wednesday night local time, the Ifremer research institute said.

Those aboard the submersible, the highlight of a tourist expedition that costs $US250,000 ($A370,000) per person, included British billionaire Hamish Harding, 58, and Pakistani-born businessman Shahzada Dawood, 48, with his 19-year-old son Suleman, both British citizens.

The 77-year-old French explorer Paul-Henri Nargeolet and Stockton Rush, founder and CEO of the vessel's US-based operating company OceanGate, were also reported to be on board.

Authorities have not confirmed the identity of any passenger.

Rescuers face significant obstacles both in finding the Titan and in saving the people aboard, according to experts.

If the submersible experienced an emergency in mid-dive, the pilot would likely have released weights to float back to the surface, according to Alistair Greig, a professor of marine engineering at University College London.

The submersible is sealed with bolts from the outside, which means the occupants cannot escape without assistance even if it surfaces.

If the Titan is on the ocean floor, a rescue effort would be even more challenging due to the extreme conditions below the surface.

The Titanic lies 3810 metres underwater, where light does not penetrate.

Only specialised equipment can reach those depths without getting crushed by the massive water pressure.

"It's really a bit like being an astronaut going into space," Titanic expert Tim Matlin said.

"I think if it's on the seabed, there are so few submarines that are capable of going that deep.

"I think it was going to be almost impossible to effect a sub-to-sub rescue."

The sub hull design's ability to withstand such depths was questioned in a 2018 lawsuit filed by OceanGate's former director of marine operations David Lochridge, who said he was fired after he raised safety concerns.

OceanGate said in its breach-of-contract suit against Lochridge, who is not an engineer, that he refused to accept the lead engineer's assurances and accused him of improperly sharing confidential information.

The two sides settled the case in November 2018.

The company did not respond to requests for comment from Reuters and its lawyer in the Lochridge case, Thomas Gilman, declined to comment.

A lawyer for Lochridge declined to comment except to say, "we pray for everyone's safe return".

OceanGate said it was "mobilising all options" and US Coast Guard Rear Admiral John Mauger told NBC News the company was helping to guide the search efforts.

"They know that site better than anybody else," Mauger said.

"We're working very closely with them to prioritise our underwater search efforts and get equipment there."

© RAW 2023