Julia Banks’s defection could be bad news for Peter Dutton

Julia Banks’s defection has increased Labor’s chances of referring Peter Dutton to the High Court.

Is facing questions under section 44 of the Constitution over an arrangement between the commonwealth and his family trust and could have his eligibility tested in the High Court

Labor’s power in the House of Representatives has been significantly bolstered after Liberal MP Julia Banks defected to the crossbench, increasing the ­opposition’s chances of referring Home Affairs Minister Peter Dutton to the High Court.

Bill Shorten’s party could also achieve an absolute majority of 76 MPs to suspend standing orders and push for an immediate debate or vote on Labor legislation if it can win the support of all seven crossbench MPs.

After Ms Banks’ resignation from the Liberal Party, the ­Coalition holds 73 seats on the floor of the House of Representatives plus Speaker Tony Smith. Labor holds 69 seats.

Independent Bob Katter, the only crossbencher to do a deal with the government to guarantee his support on key issues of confidence and supply, yesterday made it clear his opposition to a referral of Mr Dutton stood. If the six remaining crossbenchers, including Ms Banks, support a referral then Mr Dutton — who is facing questions under section 44 of the Constitution over an arrangement between the commonwealth and his family trust — will have his eligibility tested in the High Court.

A referral motion can succeed with a simple majority — a majority of those in the chamber at any given time — and does not require an absolute majority — 76 MPs, regardless of how many of the 150 are present — like a suspension of standing orders does.

Manager of opposition business Tony Burke said: “The government should refer Peter Dutton to the High Court. The Solicitor-General’s advice made clear there is doubt that only the High Court can resolve.”

The Morrison government will need to win the support of at least two crossbenchers to pass its legislation through the lower house.

Labor would require seven independents to vote with it to suspend standing orders to bring on a debate and vote on a bill, such as legislation to establish a national integrity commission or the ­national energy guarantee.

The opposition is expected to try to cause as much chaos and confusion as possible in the 3½ weeks of parliamentary sittings scheduled before the budget, which is now due on April 2.

Centre Alliance MP Rebekha Sharkie said: “Now that our numbers have increased, it is my hope that we can work collaboratively and constructively with the government to gain some traction on some important issues such as a bipartisan approach to climate change policy, a national integrity commission, the legacy refugee situation on Nauru and Manus.”

Leader of the House Christopher Pyne said the government had nothing to fear about a Dutton referral because there was “very strong advice that Peter Dutton doesn’t have a section 44 issue”.