After a protracted legal battle that began almost as soon as he was elected, Rod Culleton's election has been ruled ineligible by the High Court.
The unanimous full bench decision of the High Court, sitting as the Court of Disputed Returns, puts an end to the former One Nation senator's battle to stay in the upper house, regardless of the outcome of any of his other court battles, which include challenging a Federal Court bankruptcy ruling.
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Rod Culleton hits back at Hanson
Embattled former One Nation Senator Rod Culleton says he takes offence to being referred to as 'a pain in Pauline Hanson's backside'. Vision: The Today Show Network Nine.
Mr Culleton was not in court when the judgment was handed down.Â
But the Parliament will not know who takes his place until after a recount, with the Electoral Commission now to consider the ballots as if Mr Culleton's name had not existed on the ticket. Â
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His brother-in-law, Peter Georgiou, placed as the number two candidate for One Nation, is considered most likely to fill the vacancy, with Mr Culleton having previously vowed to serve as his chief-of-staff.
Mr Culleton quit One Nation in early December, amid reports of a growing rift between himself and party leader, Pauline Hanson. The rift emerged after Senator Hanson gave her party's support to a government motion referring Mr Culleton's election to the High Court under section 44 of the constitution.
The High Court judges found that Mr Culleton was not eligible to stand for the Senate at the time of his election, because he had been convicted and was subject to be sentenced for an offence that carried a year or more imprisonment.
That related to a larceny charge from New South Wales over a dispute with a tow truck driver in 2014, who arrived to repossess property from Mr Culleton's property, resulting in the loss of what Mr Culleton referred to as "a $7.50 key".Â
Mr Culleton was convicted in his absence by the  Armidale Local Court in March 2016, but in August, following the election, won his bid to have the conviction annulled.
But the Senate referred his election to the High Court given that, at the time he was elected, he was potentially ineligible under the constitution.
Mr Culleton's legal team argued that, given the conviction was annulled, it had never existed and therefore did not affect his eligibility.
But the court found that, at the time of the July 2016 election, Mr Culleton had been convicted and was subject to a term of imprisonment of more than a year "both as a matter of fact, and as a matter of law" and the later annulment "had no effect on that state of affairs".
A Federal Court ruling into Mr Culleton's bankruptcy is due to be handed down late on Friday, but will have no impact on his place in the Senate, as the High Court ruling is final.Â
He accused the party of "un-Australian behaviour" and having betrayed their election promises.
Senator Hanson described her former senator as a "pain in my backside" and said she was happy to see him leave the party. Â
The court ordered the Commonwealth to pay Mr Culleton's legal costs.
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