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Rod Culleton loses bankruptcy appeal, after senate blow in High Court

Former One Nation senator Rod Culleton has been dealt a second crushing defeat in court today.

Rod Culleton was ineligible to be elected to the Senate, the High Court has ruled.
Rod Culleton was ineligible to be elected to the Senate, the High Court has ruled.

Former One Nation senator Rod Culleton has lost in his appeal over being declared a bankrupt, capping off a bad day after the High Court earlier ruled he was ineligible to run for parliament.

Mr Culleton was deemed an undischarged bankrupt in December after he refused to comply with a 2013 WA District Court order to pay former Wesfarmers director Dick Lester $205,536 - which has since increased to about $280,000 - over unpaid rent relating to a soured 2009 property deal.

His appeal was dismissed in the Federal Court in Perth today, and he was ordered to pay costs.

Culleton loses senate bid

Earlier, the High Court ruled that Mr Culleton was ineligible to have been elected as a senator.

The court has ordered a recount of votes to determine who will replace Mr Culleton.

One Nation leader Pauline Hanson has already anointed her choice, tweeting a short time ago that she “looks forward to having Peter Georgiou represent Pauline Hanson’s One Nation & Western Australia”.

Senator Hanson issued a full statement saying that she had met Mr Georgiou and had come to know him as “a dedicated, hardworking man who believes strongly in the principles of One Nation’’.

Mr Georgiou, who is Mr Culleton’s brother-in-law, said it was a “very proud and humbling moment”.

Sitting as the Court of Disputed Returns in Canberra on Friday, the court ruled Mr Culleton was disqualified from standing for election on July 2 because he had been convicted of larceny at the time, even though the conviction was later annulled.

He later pleaded guilty to the charge but no conviction was recorded. Under the constitution, any person who has been convicted of an offence punishable by a jail sentence of a year or longer is incapable of being chosen as a senator.

The former One Nation senator had already been stripped of his West Australian Senate seat, after the Federal Court declared him bankrupt in December, a decision he is appealing.

The court held that Mr Culleton was convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer.

The subsequent annulment of the conviction had no effect on that, the court ruled.

Constitutional law expert George Williams said the most likely replacement would be the second person on the One Nation ticket, Mr Georgiou.

The High Court judgment in the Culleton matter is online here.

AAP

Read related topics:One Nation

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Original URL: https://www.theaustralian.com.au/nation/politics/rod-culleton-ineligible-to-be-elected-to-senate-high-court-rules/news-story/7eae79c15f652c2d3673c20c11d08c00