Giedo van der Garde remains set to race in Sunday's Australian Grand Prix after Sauber's appeal against the Supreme Court of Victoria's original decision was rejected.

The Supreme Court of Victoria had upheld a Swiss court's decision that Van der Garde had a valid contract with Sauber and a right to drive in Melbourne on Wednesday, and they maintained that judgement on Thursday.

The Formula One™ team had argued that Van der Garde's lack experience in their new car - a C34 Ferrari - plus the fact they have yet to build a bespoke seat for the Dutchman, meant it would be too dangerous for the 29-year-old to race at Albert Park.

But the judges rejected Sauber's argument, claiming any safety issues should be dealt with by F1™'s governing body the FIA.

Sauber were also ordered to pay Van der Garde's legal costs.

Van der Garde was sacked by Sauber late last year, with Felipe Nasr and Marcus Ericsson handed contracts for 2015.

But Van der Garde claimed his contract gave him a right to drive in 2015, and there appears to be no more legal hurdles in his way, although it remains unclear whether Sauber can get a car ready for him in time for Sunday's GP.