Former One Nation senator and declared bankrupt Rod Culleton is, in his own words, "not dead yet" – and he's going down swinging in the fight to retain his seat.
As the West Australian farmer prepares for an appeal next week, he has been subtly warned that he risks prosecution for impersonating a public official if he persists in claiming to be a senator.
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Mr Culleton published an email on his Facebook page that appeared to be addressed from the office of Senate President Stephen Parry to Mr Culleton's lawyer John Maitland.
The email suggests Mr Maitland may wish to draw his client's attention to sections 148 and 149 of the Criminal Code Act, relating to impersonation and obstruction of Commonwealth officials. The offence carries a jail term of up to five years.
![Former senator Rod Culleton has updated his Facebook page.](/web/20170120154057im_/http://www.watoday.com.au/content/dam/images/g/t/u/7/k/w/image.related.articleLeadwide.620x349.gtu80f.png/1484821020693.jpg)
Mr Culleton has, in response, added the phrase "Gone Fishin'" to his parliamentary email signature, in which he still purports to be a "Senator for Western Australia".
He has also changed the title of his official Facebook page, including the insertion of inverted commas. It now reads: "Rod Culleton - 'Senator' for WA - Gone Fishin'."
By way of explanation, he wrote: "Senator Parry has nailed his flag to the mast. I have taken out insurance just to not encourage any more fights. I have amended my signature!"
The Facebook page still features a large banner image of Mr Culleton in the Senate chamber, alongside a quote attributed to "Senator Rodney Culleton".
![Mr Culleton is still using his parliamentary email but has added "Gone Fishin'" to his signature.](/web/20170120154057im_/http://www.watoday.com.au/content/dam/images/g/t/u/8/5/8/image.related.articleLeadwide.620x349.gtu80f.png/1484821020693.jpg)
Earlier this month, Senator Parry informed MPs that the Federal Court had documented Mr Culleton as an undischarged bankrupt, and that as a "necessary and automatic consequence" his Senate seat would be declared vacant.
Mr Culleton told Senator Parry his letter was "premature", given a pending appeal to the bankruptcy ruling. He appeared in court on Thursday and was told the appeal will be heard next week.
![Rodney Culleton and One Nation leader Pauline Hanson in parliament in November.](/web/20170120154057im_/http://www.watoday.com.au/content/dam/images/g/t/e/h/p/y/image.related.articleLeadwide.620x349.gtu80f.png/1484821020693.jpg)
Federal Court Justice Lesley Allsop said a win for Mr Culleton would remove last month's bankruptcy declaration and therefore his disqualification from Parliament.
The court also heard that a Queensland woman, Nolene Bradshaw, had offered to put up $300,000 to cover Mr Culleton's alleged debt to former Wesfarmers director Dick Lester over a soured land deal.
![Illustration: Matt Golding](/web/20170120154057im_/http://www.watoday.com.au/content/dam/images/g/t/u/v/d/r/image.related.articleLeadNarrow.300x0.gtu80f.png/1484867098886.jpg)
Mr Culleton has declared himself "proud" to remain a senator and says he will not concede defeat until all legal avenues have been closed. "It's never over until the rooster starts crowing," he said last week.
But One Nation has already set its sights on who will replace Mr Culleton in the Senate. Party leader Pauline Hanson says she has a "great person" in mind if a casual vacancy is declared.
However, the High Court is considering whether Mr Culleton was ever eligible to be elected in the first place, owing to a larceny conviction at the time of the election (it was later overturned).
If the court declares he was ineligible, there will be no casual vacancy, and the seat will be determined by a vote recount.
- with AAP