NXT want Storer as High Court rules Skye Kakoschke-Moore cannot replace herself

NXT senators are “very keen” for Tim Storer to rejoin the party, after Skye Kakoschke-Moore was ruled out by the High Court.

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

The Nick Xenophon Team is “very keen” for its former member and candidate Tim Storer to rejoin the party to ensure the once powerful Senate bloc maintains its influence in federal parliament.

The High Court today ruled ex-NXT senator Skye Kakoschke-Moore could not replace herself in the upper house even though she had now renounced her British citizenship, leaving a vacancy for Mr Storer to fill.

The full bench unanimously found her seat should be filled by a special count and the NXT’s next-in-line candidate at the July 2016 election, Mr Storer, should be included in the count.

Mr Storer quit the party last year following a dispute with leader Nick Xenophon and could choose to serve as an independent, which would see the NXT’s bloc of three senators reduced to two.

Former Nick Xenophon Team Senate candidate Tim Storer.

Mr Storer declined to say if he would sit as an NXT senator or independent ahead of the recount, expected on Thursday, and declaration of his election as soon as Friday.

“I look forward to the outcome of the recount as ordered today. It will be a great honour if I have the opportunity to represent and advocate for South Australians in the Senate,” he told The Australian.

Mr Xenophon said he was “of course” open to Mr Storer returning to the party but it was “a bit early” for him to make a decision.

“That’s up to Tim, and he’ll know he’ll get nothing but courtesy and respect and whatever help needs in his new role — we share common values on a whole ranges of issues and I just absolutely wish him well,” Mr Xenophon said.

“I think it’s appropriate once the dust has settled to make it very clear that Tim will have every courtesy from us ... we will work constructively with him.”

NXT senator Stirling Griff said Mr Storer held the same values and core positions of the party and attempted to contact him following the High Court’s decision. Senator Griff said “we’d be very keen” to have him back on board.

“I’d very much like to catch up and discuss areas in which we can work together. I imagine a number of other parties will be banging on his door,” Senator Griff said.

“I know he does have shared values and that would be a natural fit for him to support our positions. But a lot of water has gone under the bridge, none associated with my relationship with him. I’d like to think we can again work together.”

“It’s sad that we’ve lost Skye because she was such a dedicated member of the party and very much a passionate advocate for the state. I truly hope she’ll return to the Senate at the next election.”

Mr Storer fell out with the NXT after the party chose Mr Xenophon’s former staffer Rex Patrick to replace his boss in the Senate under a casual vacancy.

Mr Storer argued he should have received Mr Xenophon’s seat as the party’s fourth South Australian candidate at the 2016 election.

“I decided that it would be contrary to the best interests of the NXT party and my own personal interests to become embroiled in a public dispute about the matter,” Mr Storer says in his affidavit submitted to the High Court.

“I therefore did not take action to challenge the purported termination of my membership of NXT Inc. and instead decided to distance myself and resign from all entities associated with the association.”

High Court decision could change crossbench, again

Ex-NXT senator Skye Kakoschke-Moore. Picture: AAP.

It took the High Court less than five minutes to make its decision, with Chief Justice Susan Kiefel informing Solicitor-General Stephen Donaghue QC and lawyers for Mr Storer their oral arguments were not required before throwing out Ms Kakoschke-Moore’s case.

The ruling could have serious implications for the NXT and may change the dynamics of the Senate crossbench again.

As it stands the government needs nine out of 11 crossbench votes to pass bills if it does not have the support of Labor or the Greens.

If Mr Storer chooses to sit as an independent, the government could bypass the NXT bloc altogether and still legislate its policies if it had the support of the remaining crossbenchers.

Ms Kakoschke-Moore was caught in the dual citizenship fiasco when she learned last year she had gained British citizenship by descent through her mother, who was born in Singapore in 1957 when it was a British colony.

After renouncing her foreign citizenship on December 6, Ms Kakoschke-Moore argued she was eligible to take up the vacancy she had left.

The former South Australian senator said she looked forward to running for the NXT at the next federal election. Ms Kakoschke-Moore welcomed the High Court’s decision and the certainty it delivered, noting the past few months had been “a very trying time”.

“No one was more surprised or heartbroken than me when I discovered my dual citizenship. I was not going to leave any stone unturned if it meant I would be able to return to the Senate to represent the state that I love,” she said.

David Jackson QC, representing Ms Kakoschke-Moore, told the court it would be a “rather curious result” if Mr Storer won any special count to replace her because he was no longer a member of the NXT.

Mr Jackson unsuccessfully argued Mr Storer should be excluded from the count as it would distort the intention of voters.

The NXT received 204,505 votes above the line at the 2016 election, while Ms Kakoschke-Moore and Mr Storer won 129 and 189 below the line votes respectively.

Mr Xenophon gained 25,777 below the line votes.

Attorney-General Christian Porter submitted a special count should be conducted with the votes that previously went to Ms Kakoschke-Moore instead counted in favour of Mr Storer.

The government pointed out there was no rule that required senators to remain in the party by whom they were nominated.