South Australia will have one less senator until the High Court rules on a replacement for Skye Kakoschke-Moore

SOUTH Australia is likely to be missing a senator until early next year after former Nick Xenophon Team representative Skye Kakoschke-Moore was formally referred to the High Court of Australia.

• Dual citizen Kakoschke-Moore quits Senate

SOUTH Australia is likely to be missing a senator until early next year after former Nick Xenophon Team representative Skye Kakoschke-Moore was formally referred to the High Court of Australia.

Ms Kakoschke-Moore quit the Senate last week after discovering she had British citizenship through her Singapore-born mother.

The Senate on Monday moved to refer Ms Kakoschke-Moore to the High Court, sitting as the Court of Disputed Returns, for confirmation she was ineligible and a ruling on how her former Senate seat should be filled.

Victorian Senator Derryn Hinch said Ms Kakoschke-Moore had been a diligent senator and he hoped she would return to Parliament.

“Senator Kakoschke-Moore was one of the more diligent, committed people I have met in my short time here,’’ Senator Hinch told Parliament.

“I think she’s been bowled LBW by a dubious call. That has to happen, she’ll be back for a second innings and I wish her well.’’

Senator Skye Kakoschke-Moore with Nick Xenophon. Picture: Simon Cross

The High Court is likely to order that Ms Kakoschke-Moore’s replacement be chosen through a countback of ballot papers.

This could result in former NXT member Tim Storer winning the seat.

Attorney-General George Brandis praised Ms Kakoschke-Moore for resigning after she discovered she was a British citizen.

“This was something of which she had been entirely unaware until she made inquiries which disclosed that fact,’’ Senator Brandis said.

“And she has taken the very proper course — as others in this chamber have taken as well — of resigning the place upon appreciating the circumstances of her disqualification.”