Western Australian says stay against proceedings to seize assets, and claims this means he is not an undischarged bankrupt

This article is more than 3 years old

This article is more than 3 years old

Rodney Culleton is maintaining he is still a senator despite the fact the president of the Senate has declared his seat vacant because of his bankruptcy.

On Thursday Culleton won a one-week extension of a stay against proceedings to seize his assets, and claimed this meant he was not an undischarged bankrupt and his removal from the Senate was not valid.

But a spokesman for Senate president, Stephen Parry, told Guardian Australia the stay has no impact on the decision to declare his seat vacant and his constitutional ineligibility.

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Culleton has launched an appeal in the federal court against its finding on 23 December that he is bankrupt. He has foreshadowed a high-court challenge to force Parry to withdraw the notice he sent to the Western Australian governor that Culleton’s seat is vacant.

A spokeswoman for Culleton told Guardian Australia the stay had been extended to expire next Friday and repeatedly referred to him as “Senator Culleton”. “Our legal representatives and constitutional lawyers have told us he’s still a senator, so that’s what we’re going by.”

Emerging from the federal court in Perth, Culleton said the one-week stay was “a stay on all proceedings, including the government”.

“I would think that Senator Parry would need to have a look at why he jumped the gun, and why he acted in that 21-day stay period. I’m taking one day at a time and I don’t feel threatened, I’ve still got the senator’s badge on and I’m going to my senator’s office.”

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Asked about the government stating he is not a senator, Culleton replied: “That’s their view, who’s the government? [The Senate president] is not the government.”

A spokesman for Parry told Guardian Australia the president’s decision to notify Culleton’s seat had been declared vacant still stood. “The federal court has confirmed he’s an undischarged bankrupt,” the spokesman said. “The stay has nothing do with the decision of the president and the issues around Culleton’s constitutional eligibility.”

Parry’s spokesman described the circumstances of Culleton exiting the Senate as “unusual” as most senators are not forced out by constitutional ineligibility that they deny, but added that Culleton was reacting “not unexpectedly”.

Culleton’s entry on the parliament website has already been updated to refer to him as a former senator.

Facebook Twitter Pinterest Parliament House’s website entry for Rodney Culleton Photograph: Australian Parliament website

Parry’s spokesman said further arrangements would follow, including the Usher of the Black Rod advising Culleton to pack up his parliament office, the Department of Parliamentary Services asking him to return his phone and laptop, and the Department of Finance notifying his employees.

Culleton’s notice of appeal against the bankruptcy lists a litany of alleged flaws in the case including the failure to give him legal representation, to consider whether the claim was an abuse of process and to exercise discretion not to find him bankrupt.

The basis for Culleton’s mooted high court action is still unclear.