NEXT week's Australian Formula One Grand Prix has already hit a roadblock with a dumped driver taking his team to court to demand a spot on the starting grid.

Dutch F1 driver Giedo van der Garde has launched urgent legal action at Victorian Supreme Court claiming he has been unfairly dismissed by the Sauber racing team.

Mr van der Garde wants the court to force Sauber to give one of it's two starting drives in the upcoming grand prix at Albert Park.

media_camera Giedo van der Garde (L) and Charles Pic. AFP Photo/ Cristina Quicler

Mr van der Garde, 29, is a journeyman driver who joined Sauber last year as a test driver after racing for Caterham F1 team in 2013.

In documents lodged yesterday, Mr van der Garde claims he was guaranteed a spot on this year's Sauber team on June 28, 2014, but team bosses reneged on the deal just months ago.

"In early November 20l4, Mr van de Garde was informed by Sauber's Chief Executive Officer, Ms Monisha Kaltenborn, that Sauber's two seats had been given to other drivers and that, as a consequence, Mr van der Garde would not have a place as a driver in the team in 2015," the documents claim. Mr van der Garde originally took his case to the Arbitration Institution in Switzerland, which ordered Sauber keep him on the team.

media_camera F1 practice Session at the Grand Prix at Albert Park 2013. Giedo Van Der Garde mows the lawn.

"The Respondent was ordered to refrain from taking any action the effect of which would be to deprive Mr van der Garde of his entitlement to participate in the 2015 Formula One Season as one of Sauber's two nominated race drivers," court documents claim. But Sauber's website produced ahead next week's race lists three other drivers — Marcus Ericsson, Felipe Nasr and Raffaele Marciello — as the team's preferred starters.

Lawyer Matthew Spain, for Mr van der Garde, said in court documents that the website records "nil response" when his name is entered in to its search.

Mr van der Garde is seeking an urgent hearing on Monday — just three days before the race — and wants the court to enforce the Swiss agreement and guarantee him a spot on the Sauber team.

Originally published as Dumped F1 driver demands start