Disqualified senator Rod Culleton has asked the High Court to go to the video referee in a bid to have his case to stay in parliament reopened.
His barrister, former solicitor-general David Bennett QC, told the court on Monday if the case was reopened, evidence would be used to prove his election to parliament was improperly referred.
He said the Hansard video would show there were not enough senators present in the upper house when his election to parliament was referred to the court in November 2016.
"The evidence will be objective in the fact that there is an official video, which we will seek to show to the court which makes it absolutely clear," Mr Bennett said.
Under the constitution, the Senate requires one-third of members to be present to operate, though often there are fewer in the chamber unless attention is drawn to it.
Brendan Lim, representing the government, said Mr Culleton was aware of the argument earlier and had not used the argument when he was before the court initially.
"That is really the end of any question of injustice being occasioned to Mr Culleton," Mr Lim said.
Chief Justice Susan Kiefel reserved her decision by August 17.
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