Peter Dutton set to survive High Court referral this year as Labor targets Chris Crewther eligibility

Peter Dutton is set to survive the year without a High Court referral, but Labor has its sights on another Liberal MP.

Home Affairs Minister Peter Dutton. Picture: AAP

Home Affairs Minister Peter Dutton appears set to survive the year without being referred to the High Court, as Labor attempts to raise fresh doubt over the eligibility of Liberal MP Chris Crewther.

Bill Shorten’s office has released legal advice from Matthew Collins QC, who specialises in media and commercial law, stating Mr Crewther is incapable of sitting in the House of Representatives under section 44 of the Constitution because of an investment his family super fund has in Gretals Australia.

The Australian understands there are no “imminent moves” to try and refer him or Mr Dutton, who is facing questions over an agreement between his family trust and the commonwealth, because Labor does not have the necessary crossbench support to succeed.

If the numbers lined up for Labor, however, the party would move against the government MPs as soon as possible.

In August Mr Crewther became a shareholder in Gretals Australia, which was associated with a $421,854 Australian Research Council linkage grant.

The government-funded ARC awarded the grant to the University of Melbourne, which partnered with Gretals Australia to develop eucalypt plantations for pharmaceutical purposes.

The ARC confirmed that Gretals Australia was a “partner organisation” for the project and did not receive any of the grant money, but was required to provide a cash or in-kind contribution.

Mr Collins acknowledges it “cannot be known” if Mr Crewther has in interest in the ARC funding agreement until the terms of the relevant partner organisation agreement, if any, are identified.

Liberal MP Chris Crewther. Picture: AAP

“However, if (as would be expected) the terms of the relevant partner organisation agreement reveal that Gretals stands to receive a benefit, such as the right to commercial exploitation of the intellectual property that results from the project research, then we are of the opinion that Mr Crewther is likely to have an ‘interest in an agreement with the public service of the commonwealth’ within the meaning of section 45(v) (sic) of the Constitution,” Mr Collins and barrister Siobhan Kelly state.

Mr Crewther told The Australian the linkage agreement between the university and Gretals Australia “expressly excludes any commercial benefit for Gretals” but he had been asked to keep the agreement confidential.

The Australian understands Mr Crewther has asked Gretals Australia to inform him if they intend to apply for any future commonwealth agreement, in which case he would withdraw his shares if the company still had 25 or less shareholders — a key disqualifier under section 44.

“The University of Melbourne applied for and received the ARC linkage grant, not Gretals. Gretals received no direct or indirect grant money,” Mr Crewther said.

“The project is work on a compound from a unique species of eucalypt to tackle Alzheimer’s and Parkinson’s. One of the main reasons I invested in that was due to a close family member who has Alzheimer’s and research in that area is important.

“The legal advice I have from respected QC David Bennett aligns with what I’ve said.”

It became apparent this week that the government had the numbers to block a hostile referral of Mr Dutton after key independent MP Andrew Wilkie insisted he would only support a group referral of several members, including from Labor.

Federal parliament rises for the Christmas break tomorrow.