That car does not conform to new 2005 technical regulations but Minardi were expected to get support from rival teams, who are unlikely to be threatened by the under-financed squad.

However, Ferrari have withheld their support for Stoddart’s plan, meaning both Minardis will technically be illegal when they arrive for scrutineering in Albert Park.

FIA president Max Mosley claims that without unanimous agreement from the other teams he has no power to allow 2004-spec Minardis to race but Stoddart is preparing to fight his corner.

He told SEN radio in Melbourne: “I don’t think it will come to that. I would like to think that sanity will prevail. But you never know in Formula One.

“We’re ready for that situation, totally ready for it, and were that to happen we would race under protest.

“And were a protest not to be entertained at the track it certainly would in the Victorian Supreme Court.

“We’ve taken some pretty solid legal advice and, if necessary, we will be presenting ourselves up there and asking for injunctive relief to race under protest for a case that we know we would win ultimately when the arbitration was heard, some months further down the line. It’s all been well rehearsed.”

Stoddart claims, contrary to Mosley’s insistence, that the new technical regulations were not enforced properly and as such are not now legitimate.

Minardi will have a 2005 car ready for the San Marino Grand Prix but Stoddart has no intention of missing out on any races before then.

He added: “Have no fear, Minardi will be there and they will be competing in the 2005 Australian Grand Prix. For were they [FIA] to do it [ban Minardi], I suspect that nobody would be competing in the 2005 grand prix.”