The High Court has agreed to hear the challenge to the mining tax.
Earlier this year, Fortescue's Andrew Forrest and WA premier Colin Barnett announced they were challenging the Mineral Resources Rent Tax in the High Court, lodging the challenge in June on 'constitutional grounds'.
However Barnett soon withdrew his support, and was followed by NSW.
At the time Barnett said that while there was a legitimate argument to be made, it was unlikely to be successful.
As the case moved on the Queensland State Government joined the battle against Gillard's Federal Government.
A spokesperson for QLD state Attorney General Jarrod Bleijie said the move had been made on crown legal advice.
Prior to this FMG general counsel Peter Huston told reporters the company had sought to "run its own race" with the challenge and not join with other state governments.
"We've taken our own advice, we've engaged our own council, we've used our own lawyers," he said.
"We haven't asked for or received any state government legal advice."
However in early August the miner's High Court challenge was adjourned while it amended its claim and to give the government time to reply.
No date has been set for the case, but it may come as early as March next year.