Labor has pressed ahead with its bid to have the Senate call on the governor-general to remove unions royal commissioner Dyson Heydon.
"Put very simply, it is untenable for a royal commissioner who is conducting a politically charged inquiry to be politically compromised," Senate opposition leader Penny Wong told parliament on Tuesday.
The motion was lost on a tied vote, with Labor winning backing from the Greens and independent senators Glenn Lazarus and Jacqui Lambie.
Attorney-General George Brandis accused Labor of an "utterly contemptible" attack on a "very illustrious" Australian and said the motion would have had no legal effect.
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