Avatar actor Sam Worthington is on track to get his New York assault case dismissed after being accused of punching a photographer, who also was arrested.

The Australian actor was due in court tomorrow, but electronic court records show the misdemeanour case was resolved on April 8 with an agreement that it will be dismissed if Worthington stays out of trouble for six months.

Worthington's lawyer, Stacey Richman, confirmed yesterday the case was set for dismissal. Manhattan prosecutors declined to comment. The arrangement is common for first-time misdemeanour arrests.

Worthington says he was protecting his girlfriend after photographer Sheng Li tried to trip her on February 23; Li says Worthington attacked him.

Prosecutors offered the same deal to Li but he turned it down.