Sauber is fighting van der Garde's bid to race in 2015.
Sauber has used the issue of safety in its desperate fight to stop Giedo van der Garde from racing its car in the Australian GP.
The team has been in a court case in Melbourne today. Van der Garde won an arbitration judgement in Switzerland last week, and in essence the case is about that judgement being upheld in Australia.
As reported by Radio Australia, Sauber's lawyer Rodney Garrett said that Van der Garde was not covered by the team's insurance and brought up the question of safety of spectators at the event. Garrett claimed that the C34 was custom built for Felipe Nasr and Marcus Ericsson, and there were issues about seats and seat belts.
Garrett said: "Sauber could not allow him to race... it would be reckless and dangerous to do otherwise. It would result in an unacceptable risk of physical harm or even death.”
In 2011 Pedro de la Rosa stepped into the Sauber on Friday lunchtime in Montreal after Sergio Perez was declared unfit.
The case now looks likely to continue into Tuesday.