The New South Wales Court has granted the Western Force the right to appeal the Australian Rugby Union's decision to axe the team from the Super Rugby competition.
Justice David Hammerschlag said after reading written submissions from both the Force and the ARU and he believed an appeal should be heard.
The judge said he would go straight into hearing the appeal.
The ARU committed to cutting one of its five Super Rugby teams as the competition contracts from 18 to 15 teams next season.
The Force has said it would pursue all legal avenues to try to remain in the competition.