Extradition 'constitutional' issue: lawyer

"Postcard Bandit" Brenden Abbott's lawyers have filed fresh documents detailing constitutional concerns surrounding his stalled extradition to Western Australia.

It comes after a magistrate earlier this month ordered the recently paroled 53-year-old's extradition to WA, where he faces up to 16 years behind bars over a 1989 jailbreak.

But he remains in custody in Queensland as his legal team scrambles to revoke the decision in the Supreme Court.

Documents filed on Wednesday detail their notice to raise questions of constitutional significance in their fight to keep the infamous bank robber in the state.

In short, they claim laws surrounding how a court deals with such matters could prevent it from acting within its "essential character".

"If, properly construed, (the sections) exclude the exercise, in an appropriate case, of the inherent power of the court to dismiss proceedings for abuse of process," the document reads.

It also flags an intention to argue those parts of the law are invalid if it means their application is knocked back.

Abbott was dubbed the "Postcard Bandit" amid claims he taunted police by sending them postcards while on the run after his Fremantle prison break.

He also broke out of Brisbane's maximum-security Sir David Longland Correctional Centre in late 1997 and was sentenced to a 25-year prison term after being recaptured the following year.

If the move to stop his extradition is successful, his lawyers have said he plans to move to Cairns to live with his sister.