AC/DC will make their first live appearance since the departure of founding guitarist Malcolm Young at the Grammy awards on 8 February – but is doubtful that their drummer Phil Rudd will be able to join them onstage.

Rudd is due in court in New Zealand two days after the Grammys show for a case review. He is currently on bail, facing charges of threatening to kill and possession of methamphetamine and marijuana. Rudd has pleaded not guilty to the charges.

In December, Rudd insisted he would be rejoining the band. “I’m going back to work with AC/DC and I don’t care who likes it or who doesn’t,” he told New Zealand’s One News. “I want my job back and I want my reputation back.”

However, Rudd’s behaviour both before and since being charged has been erratic. Though he played on AC/DC’s latest album, Rock or Bust, he was 10 days late for the recording sessions. “One minute he was coming, then he wasn’t, then he was,” lead guitarist Angus Young told Rolling Stone. “We’re not a band that likes to wait around.”

Rudd then failed to show up for a photoshoot and videoshoot in London, at which the band recorded clips for Play Ball and Rock or Bust. After being charged, he turned up late for one court appearance, showed the middle finger to the media, leaped on the back of a bodyguard, then reversed his car into the path of an oncoming lorry.

Despite Rudd’s insistence he will be rejoining AC/DC, his bandmates have been much more equivocal about his status. “He’s got himself into some sort of situation. He’s gotta sort himself out. It’s not gonna happen overnight. We’re gonna move forward,” said bass player Cliff Williams.

“It’s unfortunate, because he’s a great drummer … We go way back. But it was just making it difficult for us. What do we do? You can’t plan anything. If anyone says, ‘You wanna do this?’ It was making it too difficult to go forward,” Angus Young said.

The Guardian has contacted AC/DC’s UK publicist for a comment, and we will update this story if any comment is given.