The full bench of the High Court is set to hear a constitutional challenge to the Federal Government's Minerals Resource Rent Tax as early as March.
Miners, led by the Fortescue Metals Group, have asked the court to consider the constitutional challenge on the basis the tax discriminates between states and restricts their ability to encourage mining.
In a directions hearing last month, lawyers for the group were asked to clarify their arguments before the case could be considered.
Today, Chief Justice Robert French agreed the case could now be heard by the full bench.
No date has been set, but Chief Justice French says he believes the two-day case could be run in the March sittings next year.
The Queensland and West Australian governments are intervening in the case.
Falling commodity prices mean the Government's income from the profits-based tax, which applies to coal and iron ore, is well short of projections so far.