High Court rules Rod Culleton election invalid

The Court was adjudicating on a matter referred to it by the federal Senate late last year - sitting as the Court of Disputed Returns - concerning Mr Culleton’s eligibility for election due to being convicted at the time for larceny.

The High Court’s ruling also determined that Mr Culleton will be replaced following a recount of votes.

That is likely to see the person second on One Nation’s WA Senate ticket elected which is Mr Culleton's brother-in-law Peter Georgiou.

“Today the High Court unanimously held that Rodney Norman Culleton was a person who was convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer at the time of the 2016 federal election, and therefore was incapable of being chosen as a Senator under s 44(ii) of the Constitution,” the judgment said.

“The Court held that Mr Culleton was convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election, both as a matter of fact and as a matter of law.

“The subsequent annulment of the conviction had no effect on that state of affairs.

“The Court held that the resulting vacancy should be filled by a special count of the ballot papers.”

Mr Culleton - a former farmer from Williams in the WA Wheatbelt - was elected for One Nation on a promise to try and stand up for farmers impacted by bank-debt issues and to try and implement a Royal Commission into banking.

But he fell-out with One Nation leader Pauline Hanson and quit the party to become independent shortly before he was declared bankrupt by the Federal Court, in a ruling on December 23 last year.

That ruling led to Senate president Stephen Parry notifying Mr Culleton he was disqualified from the Senate as per the constitution, due to be being a bankrupt.

A decision on an appeal made by Mr Culleton against his bankruptcy ruling to the Full Court of the Federal Court is due to be handed down at 4.30pm today.

Senator Hanson on Twitter today said after the High Court verdict, “I look forward to having Peter Georgiou represent Pauline Hanson's One Nation & Western Australia. Welcome to the team Peter”.

One Nation NSW Senator Brian Burston - who told Mr Culleton on an email “Please do not contact me again” after official notice was released of his formal Senate disqualification last month – said he was relieved the saga was now over.

“Good riddance; it’s that simple,” he said.

Mr Burston said Mr Culleton had not been a “team player” and was “nothing but trouble” for One Nation since being elected last year.

He said the former Senator also withheld critical details from the party about his conviction – during candidate scrutiny - and misled them about the incident over the $7.50 tow truck key, which was the subject of the High Court’s considerations.

Mr Burston said he was just about to call Peter Georgiou and would offer him support through staff and any other resources, to assist him with being in Canberra for the start of federal parliament on February 7 and to be officially sworn into the Senate.

“I will be welcoming Peter Georgiou into One Nation with open arms,” he said.

Mr Burston said the vote recount was expected to take about an hour and would be conducted later today and it was “certain” Mr Georgiou would be elected, after One Nation claimed the 11th Senate spot, at the double-dissolution election last July,

But he said it may not be guaranteed the Greens would retain their second WA Senator, Rachel Siewert, at the recount, after taking the final and twelfth position.

Mr Culleton has been contacted for comment – but has not returned calls.

Yesterday, a tongue in cheek Mr Culleton said after the court’s rulings, he would be headed to NZ to look at buying a farm and leaving Australia.

In a statement, Senator Hanson said she recently met with Mr Georgiou in person while visiting WA and after their conversations, was confident he would be an asset to the Senate and will serve the people of WA with “distinction and dedication”.

“After meeting Peter and getting to know him, it is clear he is a dedicated, hardworking man who believes strongly in the principles of One Nation,” she said.

“Peter is a sparky by trade and has run a successful business since 2001, employing a number of apprentices and qualified tradies.

“Because of this experience he knows the hurdles of red tape and bureaucracy that can stifle small business.”

Ms Hanson said Mr Georgiou wasn’t a career politician and had “real world experience and real world insight that will be invaluable to the party and to the people of Australia on the floor of the Senate”.

“One Nation is united in our excitement at the prospect of working with Peter Georgiou and, honestly, I couldn’t be happier,” she said.

“It looks like One Nation and Western Australia will be getting a significant Senator upgrade.”

University of NSW constitutional law expert Professor George Williams told Fairfax Media the Court’s ruling was an unsurprising, straight forward, unanimous judgement.

He said it would not be a full recount of the ballot but only a re-distribution of Mr Culleton’s votes and preferences, which was unlikely to impact Senator Siewert’s position.

On Monday, Mr Culleton sought to try and bring his personal bankruptcy matter from the Federal Court, to the High Court, to be determined alongside questions regarding his electoral eligibility but it was dismissed.

The bankruptcy ruling relates to a debt claim pursued by Mr Culleton’s former farm neighbour Dick Lester over a land sale and purchase deal, and sale of oats, dating back to late 2009 and early 2010 that went bad.