The Australian High Court would hear a landmark challenge to the 30 per cent minerals resource rent tax (MRRT). The challenge, raised by West Australian mining tycoon Andrew Forrest of Fortescue Metals Group, would be heard by the court's full bench in 2013.

The decision to hear the legal challenge was made on Monday by Chief Justice Robert French.

The challenge would threaten the federal government's revenue base with the mining tax estimated to raise $9.1 billion over four years. However, data said the tax did not produce anything for the September quarter and a forecast by Deloitte Access Economics forecast said the MRRT would not yield beyond a net of $500 million for the current financial year.

The unsure nature of mining tax collection forecast is the reason why $1.1 billion of projected surplus for 2012-13 is heavily doubted. However, Trade Minister Craig Emerson defended the Treasury forecasts and maintained the government would deliver a surplus budget.

"We take note of the forecast provided by officials and we stand by those forecasts, we stand by the MYEFO, the Mid-year Economic and Fiscal Outlook. We're on track for a surplus and they're the figures that we stand by," Economic Times quoted Mr Emerson.

Treasurer Warne Swan had previously called the legal challenge as futile and expressed confidence the MRRT is valid.

The federal government started to collect the MRRT on July 1 despite industry and political opposition to the levy.

In filing the legal challenge, Mr Forrest pointed out the MRRT is not constitutional since only state governments could impose royalties, but the government insisted that it is a tax on mining profits and not production.

Global miners BHP Billiton, Rio Tinto and Xstrata and the federal government were the chief authors of the MRRT.

Western Australia and Queensland said they would put forward their arguments in the legal challenge, but would not formally join Mr Forrest in the court case.

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