The 19-year-old was set to share a rookie wildcard entry run by Garry Rogers Motorsport with Tyler Everingham at this month's Great Race, only to be refused a Superlicence dispensation from Motorsport Australia.
That was on the grounds of a lack of Supercars laps, Herne regularly competing in the cheaper Trans Am series rather than Super2 or Super3.
The initial rejection was appealed by Herne and GRM, data from a recent two-day test in a GRM Holden at Winton used to argue the case for a dispensation.
However that too was rejected by Motorsport Australia and the Supercars Commission, the matter now set to be heard by the highest motorsport court of appeal in the country, the Australian Motorsport Appeals Court.
“Senior representatives from Motorsport Australia, together with the full Supercars Commission met last week to consider the application by Nathan Herne for a Superlicence dispensation," read a statement from Motorsport Australia CEO Eugene Arocca provided to Motorsport.com.
“All material previously submitted by Mr Herne together with additional information that was not available at the time of the initial dispensation application was considered by this panel including additional references, along with data from a recent test day provided by GRM.
“Following consideration it was unanimously determined a dispensation would not be issued in this instance based on all the information submitted as part of this process and before the panel.
“GRM has now indicated it will lodge an appeal with the Australian Motorsport Appeals Court (AMSAC) and this independent body will hear the matter as soon as it is able.”
Given practice for the Bathurst 1000 kicks off next Thursday, the court is likely to hear the matter in the coming days.
GRM, meanwhile, has continued to prepare for the Great Race as usual, with its Melbourne-based staff currently undergoing quarantine in Darwin so they can access New South Wales.