Court to rule on Culleton's Senate seat

The question of how to fill the West Australian Senate seat of Rod Culleton should finally be answered by the Court of Disputed Returns on Friday.

Senator Rod Culleton speaks to the media

Senator Rod Culleton speaks to the media Source: AAP

The uncertainty over Rod Culleton's vacant Senate seat should finally come to an end with the High Court to rule on whether he was eligible to have been elected in the first place.

The High Court, sitting as the Court of Disputed Returns in Canberra, will on Friday hand down its decision on whether he was allowed to be elected on July 2, given he had been convicted of larceny at the time.

It will determine how his vacant seat should be filled - a question made more complicated since the Federal Court declared him bankrupt in December, leading to his disqualification as a West Australian senator.

Mr Culleton has appealed the bankruptcy decision and the Federal Court will also deliver its judgment on Friday.

Constitutional law expert Professor George Williams says if the court rules he was never eligible to have been elected, it's likely to order a recount of the Senate papers.

The likely replacement would be the second person on the One Nation ticket - Mr Culleton's brother-in-law Peter Georgiou.

If the court rules he was eligible to stand for election, but was subsequently disqualified by bankruptcy, One Nation will be able to choose his replacement.

But things could get messy if he wins his bankruptcy appeal.

"It could all become quite awkward," Prof Williams told AAP.

"This hasn't happened before. It could well end up in the High Court again."


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Source: AAP



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