US lawyers defending the Australian last week sought a federal court order delaying the commission hearing and a ruling by US District Court Judge Colleen Kollar-Kotelly was expected within days.
It follows the US Supreme Court's decision last week to hear another Guantanamo inmate's appeal against the constitutional validity of the military
commissions.
"We are waiting," Mr Hicks's US military lawyer, Major Michael
Mori, told Australian Associated Press.
Plans are finalised for the Hicks hearing despite the Supreme Court decision to hear the appeal.
The inmate, Salim Hamdan, a Yemini national, was accused of being Osama bin Laden's bodyguard and driver.
Mr Hicks's lawyers argued the Supreme Court- America's highest court- should rule on the Hamdan case before the Australian appears at the military commission before.
The 30 year old Adelaide man is charged with conspiracy to commit war crimes, attempted murder by an underprivileged belligerent and aiding the enemy.
Pentagon spokesman Lawrence DiRita made it clear the US Intends to press ahead with the military commission for Mr Hicks, despite the court process.
"The fact is we said we'd proceed on commissions. Hicks is up, and we're going to proceed. If we're asked not to proceed, or ordered not to proceed, then we won't. That's the plan," Mr DiRita said.
"The Australian government has expressed its desire that Hicks be taken before a military commission, so we are proceeding on that basis."