Embattled One Nation senator Rod Culleton says he was ambushed and he hadn't even met party leader Pauline Hanson or other senators before his eligibility matter came to a head in the Senate.
Senators, including Ms Hanson, voted on Monday to refer Senator Culleton's case to the High Court, sitting as the Court of Disputed Returns.
Adding insult to the injury, One Nation won't be assisting with his legal costs.
"It's been such an ambush in a sense that I only became aware of it over the weekend," Senator Culleton told Sky News.
He said this was a different playing field and he had to respect the party leader and other senators.
"To be honest I haven't met with them today. We were just full on getting all our ducks in a row to go and and try and beat this. I don't think we have been defeated yet," he said.
Senator Culleton said at this stage he had not received any guarantee of who would fund the case, other than himself.
Senator Hanson said the party national executive decided unanimously not to help with legal costs, which could run to millions.
"We haven't got the money. I am sorry to say that," she told Sky News.
The High Court will decide whether Senator Culleton was ineligible to run for parliament because of an existing larceny conviction for stealing a tow truck key.
Under the constitution, anyone convicted of a charge carrying a jail sentence of a year or more is not eligible to run for parliament.
That conviction was subsequently annulled but the conviction stood at the time he nominated and was elected, one of three One Nation senators sent to Canberra at the July election.
Attorney-General George Brandis told parliament the facts around Senator Culleton's ineligibility are "uncontroverted" and could be established by court documents.
The Senate also voted to refer former Family First senator Bob Day to the High Court to examine whether he received an indirect financial benefit from the government as a result of an arrangement involving his Adelaide electorate office.
Senator Hanson said this was a very hard day and it tore her heart out to have to stand up to back the referral of her colleague.
She said she encouraged Senator Culleton to stand after being impressed with his performance at the Senate banking inquiry in February.
"I thought, 'Wow you would be great on the floor of parliament because you're a fighter'," she said.
"So OK, maybe I have made a mistake but you know what, I think the man has a lot to offer."
Senator Hanson said suggestions that her adviser James Ashby would be parachuted into Senator Culleton's seat were hogwash.
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