Damien Oliver will appeal an improper riding suspension which will rule him out of the ride on defending Melbourne Cup holder Almandin.
Oliver was outed for shifting in on Happy Clapper in Saturday's Cox Plate, causing interference to Dean Yendall on Royal Symphony.
The two finished sixth and fourth respectively behind Winx.
As it stands the ban begins on Monday and does not end until November 16 with the Melbourne Cup run nine days earlier.
Oliver missed the ride on Almandin in last year's Cup because the Lloyd Williams-owned gelding carried 52kg, under his weight range.
Almandin was ridden by Kerrin McEvoy and is the $7 equal favourite this year with Cox Plate runner-up Humidor.
Racing Victoria chief steward Terry Bailey told RSN927 he understood Oliver's appeal would be dealt with on Monday afternoon.