High Court considers fate of Xenophon colleague

The political fate of former Nick Xenophon Team senator Skye Kakoschke-Moore should become clearer this week.

Nick Xenophon Team (NXT) Senator Skye Kakoschke-Moore (left) looks on after announcing her resignation

Nick Xenophon Team (NXT) Senator Skye Kakoschke-Moore (left) looks on after announcing her resignation Source: AAP

The High Court will set out how it plans to deal with the case of former Nick Xenophon Team senator Skye Kakoschke-Moore on Wednesday.

The former South Australian senator has launched a bid to replace herself after quitting in November over her British citizenship.

She was due to be replaced after a special count by the next candidate on the NXT 2016 Senate election ticket, Tim Storer.

But Mr Storer has quit the party and Ms Kakoschke-Moore's legal team says this renders him ineligible to take the seat.

At a hearing in December, her lawyers argued she should be included in the recount because she renounced her British citizenship and was now eligible for parliament.

However, this is expected to be disputed as it could run counter to other recent High Court decisions in MP citizenship cases.

The directions hearing will be held in Melbourne.

The High Court is also expected to receive written submissions on Monday into the replacement of former Tasmanian senator Jacqui Lambie.

Ms Lambie was due to be replaced by running mate Steve Martin, but he is facing questions in court over his eligibility because he is mayor of Devonport, which could be considered an "office of profit under the Crown".

Mr Martin's lawyers and the commonwealth attorney-general will make submissions on Monday.

A full court hearing in the Martin case has been set down for February 6 in Canberra.


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