The High Court unanimously found Devonport Mayor Steve Martin is eligible to replace Jacqui Lambie in the Senate.
Lawyers for the Jacquie Lambie Network's number two candidate in Tasmania, Steve Martin, today persuaded the High Court that their client should be allowed to take Ms Lambie's former Senate seat, despite holding a position as a local mayor.
The case tested part of Section 44 of the Constitution that forbids those who hold an "office of profit under the Crown" from being elected to the federal parliament.
Lawyers for Mr Martin argued his mayorship of the Tasmanian city of Devonport should not render him invalid because mayors were independent of the Commonwealth. A separate legal team representing the Attorney-General backed up Mr Martin's case.
The Electoral Commission has already completed a special recount and named Mr Martin the rightful replacement before his legal eligibility came into question.
Tasmanian Senator Jacqui Lambie reacts after delivering a statement on her resignation in the Senate chamber at Parliament House in Canberra. Source: AAP
One Nation argues seat should fall to them
One Nation candidate Kate McCulloch also had a legal team at the High Court today.
They argued for Mr Martin to be ruled ineligible.
Ms McCulloch was Pauline Hanson's lead Senate candidate in Tasmania but was unsuccessful in the 2016 election.
Ms McCulloch's lawyer Robert Newlinds told the hearing Mr Martin's position was not so independent, as it gave him close connections to other levels of government.
"We are talking about a mayor of a local council in Tasmania who has a direct and indirect relationship with the executive," Mr Newlinds said, quoted by ABC News.
Photo of Steve Martin from his website. Source: stevemartin.com.au
He also argued there could be conflicts of interest from a local mayor sitting in the federal Senate, including in the area of funding allocation.
"We are talking about a mayor of a local council in Tasmania who has a direct and indirect relationship with the executive," he said.
One Nation secured 8,700 first preference votes in Tasmania in the 2016 election, compared with around 28,000 votes for the Lambie Network.
- with wires/ Additional reporting Natasha Christian
