Legal advice prepared by the Government's most senior lawyer has appeared to back Peter Dutton's eligibility to sit in Parliament — but it is not clear cut.

Key points: Legal advice should clear the path for Peter Dutton's eligibility

Legal advice should clear the path for Peter Dutton's eligibility Solicitor-General's advice was prepared in a rush ahead of a likely leadership showdown

Solicitor-General's advice was prepared in a rush ahead of a likely leadership showdown Doubt over his eligibility had been raised due to Government payments made to Dutton-linked childcare centres

Solicitor-General Stephen Donaghue's advice said Mr Dutton was "not incapable" of remaining in Parliament.

It states an "agreement" between childcare centres linked to Mr Dutton and the Commonwealth — which would be required to trigger a breach of the Constitution — does not exist.

However, the Solicitor-General also issued the warning that Mr Dutton's case was different to any case the High Court has heard before, that there may be further facts he has not been briefed on, and that the bench has differed on its interpretation of the constitution before.

"I consider there to be some risk ... that the High Court might conclude that there is a conflict between Mr Dutton's duty as a parliamentarian and his personal interests," the advice states.

It also notes that the Solicitor-General had access to "very little factual information".

The advice was requested on Wednesday by Attorney-General Christian Porter.

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"While I consider the position summarised above to represent the better view, it is impossible to state the position with certainty," it reads.

Mr Dutton argued the Solicitor-General's advice has settled the matter.

"The consistent and strong advice which I have received puts to rest the false, unsubstantiated and malicious claims regarding my eligibility to sit as a Member of Parliament," he said.

Mr Dutton had released his own legal advice on Thursday night which argued he was eligible for Parliament.

It was prepared by David Bennett, a former Solicitor-General who represented Senator Matt Canavan when he appeared in the High Court.

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Experts divided

Dean of law at the University of New South Wales and constitutional expert George Williams said it was likely Mr Dutton is eligible but the matter could only be resolved by the High Court.

"It is more likely that Peter Dutton is not disqualified, but this cannot be stated with certainty," he posted on Twitter.

"As the Solicitor-General says, there is a risk he is in breach of section 44.

"Only the High Court can resolve this cloud of doubt."

Earlier on Friday morning, Sydney University's Anne Twomey flagged that legal advice backing Mr Dutton's eligibility might not be enough to resolve the situation.

"If the Solicitor-General's advice is definitive that he's not disqualified I think that people will just let it go and proceed on that basis, but it's still possible that someone will challenge it in the court," she said.

"We'll see if that kind of collateral challenge might succeed."