Federal Politics

Rod Culleton has minor High Court victory, then major disappointment

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Former One Nation senator Rod Culleton had a minor victory in the High Court, when it was declared he was to be referred to as "Senator Culleton" for the duration of the day's proceedings.

It was his only one.

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Still wearing his Australian Senator pin on his ubiquitous cornflour blue suit jacket, a shade which has become synonymous with his many court appearances, Mr Culleton looked stunned when Justice Stephen Gageler dismissed his summons to remain a senator, with its privileges, allowances and support, while the legal system worked out whether he was ever eligible to stand.

Those battles, including bankruptcy and whether a larceny conviction, later annulled, precluded his inclusion on the West Australian senate ticket, are on-going.

But with a few short words, Justice Gageler dismissed Mr Culleton's petition to the High Court, sitting as the Court of Disputed Returns, to overrule the Senate's decree, issued through President Stephen Parry, to eject him from the chamber while the court proceedings continued.

Mr Culleton, through his barrister, argued Senator Parry and Attorney-General George Brandis had over-stepped when they issued the letter ejecting him from office, by assuming his seat was vacant, when the legal proceedings had yet to run their course.

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But the Commonwealth argued it was not an issue for the court, and the Senate President was within his rights to make the decision.

After taking about four hours to deliberate, a timeframe slightly extended following "Power Point issues", saw the lights flicked off, just moments before Justice Gageler extinguished Mr Culleton's hopes for a victory.

He had looked to the ceiling as the room descended into momentary darkness, bemused and relaxed following banter with his legal team about the origins of QCs and how barristers were once paid in tips. He could look nowhere but Justice Gageler as he uttered the words announcing the court was dismissing the summons, handing down the judgment in written form.

The court was asked to stand just moments later. Mr Culleton still looked shocked, having seemed confident until the very last moment. He was also ordered to pay his own costs in regards to the summons.

Usually quick to talk to the media, Mr Culleton remained inside the court for more than 45 minutes after the judgment, making phone calls and talking to his loyal chief of staff, Margaret Menzel.

While the full bench is still to hand down its judgment on his eligibility to have been named on the ticket in the first place, Mr Culleton is not finished with the courts for this week, having to rush back to Perth to appear for another matter being heard early Wednesday morning.

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