Damien Oliver's bid to ride in the Victoria Derby will rest with the Victorian Civil and Administrative Tribunal.
His appeal against a reckless riding charge will be heard on Friday with the champion jockey missing the Manikato Stakes and Cox Plate meetings this weekend.
Oliver failed in his appeal to racing authorities and if he cannot get the ban reduced, he will not return until Melbourne Cup day, November 1.
Oliver was outed for his winning ride on Flying Artie in the Blue Sapphire Stakes last week.
Hong Kong's champion jockey Joao Moreira has been named as Oliver's Cox Plate replacement but a typhoon in Asia could thwart those plans.
HKJC officials are concerned Moreira and Sam Clipperton, who is booked to ride English in Friday night's Manikato Stakes, will not be able to get back for Sunday's meeting at Sha Tin.
Chief steward Kim Kelly said they were monitoring the typhoon and would make a decision on Wednesday night or Thursday morning whether the jockeys would be released to travel to Australia.