Victoria's Opposition says it has legal advice that clears the way for independent MP Geoff Shaw to be expelled from Parliament.

Labor plans to move a motion on Tuesday to expel Mr Shaw, who holds the balance of power in the Victorian Parliament, over the misuse of his taxpayer-funded car and fuel card.

The Opposition's Scrutiny of Government spokesman, Martin Pakula, said a legal challenge to the motion, foreshadowed earlier in the week by Premier Denis Napthine, would not succeed.

"Our advice is that the grounds for appeal against an expulsion would be absolutely and utterly limited, that there is no real grounds for a decision of the Parliament to expel to be challenged," Mr Pakula said.

Earlier on Sunday, the Opposition warned that the MP would continue to earn wages and entitlements if he were suspended rather than expelled from Parliament.

"The public would be justifiably horrified if they thought that Mr Shaw was effectively going to end up the winner out of all of this by sitting at home until November and collecting a cool $150,000," he said.

"I don't think that's the expectations of Victorians, and it's now incumbent more than ever on [Dr] Napthine to join with Labor and end this farce once and for all."

The State Government indicated during the week that it was unlikely to support the motion.

Dr Napthine said he was concerned a motion to expel Mr Shaw would lead to a High Court challenge.

"We want to make sure it's done absolutely correctly, so we don't have a circus running off to the High Court with injunctions to avoid being held accountable for Mr Shaw's actions," he said.

On Sunday, Government frontbencher David Davis said the Coalition was still seeking legal advice about the matter.

"What we need is robust advice," Mr Davis said.

"We're obviously in an unusual situation but the fact is we need that advice to make sure that the steps that are taken are the right ones."

Geoff Shaw issues ultimatum to Napthine Government

Last month Mr Shaw was found to have violated the code of conduct for MPs by the Parliament's privileges committee over the misuse of his car and fuel card.

The Liberal-dominated committee stopped short of finding him in contempt of Parliament.

Last week, Mr Shaw issued an ultimatum to Dr Napthine, demanding that he be protected from any move to oust him.

When his demand was refused, Mr Shaw withdrew his support for the Government, saying that if the Opposition were to bring a vote of no confidence in the Napthine Government he would support it.

But the Opposition said it would not accept the vote of the independent MP and instead announced plans to move a motion to expel Mr Shaw from the Parliament.

Labor's motion can only be debated if the Government allows it to be put on the Parliamentary Agenda next week.

Government frontbencher David Davis said the Coalition was still seeking legal advice about the matter.