Revengeful Liberals might be ready to send Peter Dutton to the High Court, but the Greens don't care how they get there, as long as they do.
The Greens are preparing a vote in parliament to check Home Affairs minister's eligibility over questions about his family financial interest in two childcare centres.
A similar motion failed by just one vote on Malcolm Turnbull's second last day as prime minister.
"I have taken advice in relation to my position, which put the question beyond doubt," Mr Dutton told parliament on Thursday.
Section 44 of the constitution disqualifies anyone who has a "direct or indirect pecuniary interest" in any agreement with the Commonwealth.
Childcare centres now get direct funding from the Commonwealth, which is then passed through to parents.
"Every day he continues on in this place there's going to be a huge cloud over him and over the government," Greens leader Richard Di Natale told reporters on Friday.
Greens MP Adam Bandt has been speaking to Liberal MPs about voting to refer Mr Dutton to the High Court, and the Greens believe support is rising.
Senator Di Natale said it appeared some Liberals have revenge on their minds.
"I don't mind how they get there, as long as they land in the right place," he said.
At the height of the Liberal leadership crisis, Solicitor General Stephen Donaghue advised he could not categorically determine Mr Dutton's status and only the High Court could.
However Mr Donaghue found on balance Mr Dutton was "not incapable" of sitting as an MP.
Mr Turnbull and Labor say the High Court needs to decide.
Former Liberal deputy leader Julie Bishop said on Thursday MPs had a "personal responsibility" to ensure they were eligible to sit in parliament.
A News Corp report on Friday claimed two government MPs are considering voting with Labor in forcing Mr Dutton to the High Court.
The report understands the rogue MPs are planning to use the threat of crossing the floor to force Mr Morrison to refer Mr Dutton to the High Court.
Prime Minister Scott Morrison says he won't act on Mr Turnbull's advice.
He's also checking whether Mr Dutton stepped out of cabinet when the childcare funding changes were discussed.
