Brett Andrew Button was initially charged with 10 counts of dangerous driving causing death over the June crash.
Button was behind the wheel with 35 passengers returning from a wedding when it flipped at Greta in the NSW Hunter region shortly before midnight on June 11.
Nine people died at the scene and a 10th on the way to hospital.
Button was granted bail after appearing in Cessnock Local Court, opposed by police and despite a strong prosecution case supported by passenger statements about his behaviour before the crash.
He is accused of driving dangerously fast in thick fog and telling passengers to “fasten your seatbelts” moments before losing control at a roundabout.
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The bus then smashed into a guard rail before tipping and crashing on its side.
A partial brief of evidence has now been served.
Button was excused from appearing at Newcastle Local Court on Wednesday and for his next appearance in October.
“There’s some issues with his licence,” Button’s lawyer Jemma O’Brien told the court on Wednesday.
Police subpoenas have been returned with documents from Linq Buslines and a Charlestown pain management clinic.
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