Giedo van der Garde stands on the brink of driving in this weekend 's Australian Grand Prix after Sauber suffered another defeat in their legal battle with the Dutchman . Van der Garde was axed by Sauber from his role as test driver at the end of last year as the Swiss-based marque employed Marcus Ericsson and Felipe Nasr . But , with a contract from the team stating he was to be given a full-time seat for this season , Van der Garde has pursued Sauber through the courts these past few weeks . Giedo van der Garde , outside the Victorian Supreme Court on Wednesday , has charged Sauber with reneging on a deal to give him a race seat after they signed Marcus Ericsson and Felipe Nasr . An arbitration panel in Switzerland initially ordered Sauber 'to refrain from taking action ' that would deny Van der Garde a drive . That decision was then upheld on Wednesday by the Supreme Court in Victoria , Australia , following a hearing on Monday . Although Sauber immediately launched an appeal , that has now been rejected following the latest hearing on Thursday . At present , Van der Garde is now pursuing an enforcement of the order to ensure Sauber comply , which would result in the 29-year-old taking part in first practice from 12.30pm local time on Friday . Sauber are now left with three drivers ; Van der Garde , Marcus Ericsson ( left ) and Felipe Nasr ( right ) For Sauber team principal Monisha Kaltenborn , she has three drivers on her books , but only two seats available . Should Kaltenborn ignore the ruling and opt to continue with Ericsson and Nasr she and the team could find themselves in contempt of court . In pursuing the enforcement in a separate hearing and in front of a different judge less than an hour after the appeal verdict was handed down , van der Garde 's lawyer called for the potential sequestration of Sauber 's assets and committal of its directors if the team failed to comply . Sauber have since been asked to provide a list of those assets , which includes their cars and equipment at Melbourne 's Albert Park in place for the race . Court proceedings are due to continue at 10.30am local time ( 11.30pm UK ) , just two hours before the start of first practice . Sauber 's failure to comply could result in the sequestration of their assets , and the possibility of action being taken against Kaltenborn given her position as a director . For his part , Van der Garde is also attempting to acquire a valid and temporary super licence - required for any driver to compete in F1 - as the one in place for last season has since expired . The 29-year-old must do so through his local motor-racing authority in Holland , who in turn contact world governing body , the FIA . Van der Garde had said he was looking forward to going back to the team and driving for them this weekend . Felipe Massa has praised Van der Garde 's actions , claiming 'it is a good thing for all drivers ' Speaking outside court , Van der Garde said : 'Sauber has to work with us now . There is no other issue . I 'm also confident the super licence can be fast-tracked . ' Former Sauber driver Felipe Massa , now with Williams , speaking ahead of the appeal verdict , believes Van der Garde had taken the correct steps to pursue his case via the legal system . Massa , speaking in the paddock at Melbourne 's Albert Park , said : 'It should n't be the way people should be treating drivers . They should respect drivers . ' A driver can be quite powerful . We are working here , we need the work , the career , so it 's not fair when people treat you the way he has been treated . It does n't matter if you are a driver or an engineer . 'Everyone should be treated fairly , and if there is a contract then that should be respected because there are rules and they have to be followed . 'Sometimes you hear stories in F1 of drivers having a contract with a team and they just get kicked out , or drivers who are owed money . 'Giedo is a good example . Drivers should stand up for their rights , so I see it as a good thing for all drivers , but also anyone in F1 as they should be treated the same as any worker in the world . ' Sorry we are not currently accepting comments on this article .
Sunday lose appeal to block Giedo van der Garde 's bid to force them to let him drive for them at first race of the Formula One season in Melbourne . Van der Garde has accused Sunday of reneging on deal to give him drive . Dutchman Van der Garde claims he has a 'good relation with the team ' But it remains unclear whether he will drive in Sauber 's season opener .