Former member for Herbert Ewen Jones has conceded defeat, but says he will back any legal action put forward after he lost his Queensland seat to Labor by 37 votes.

Cathy O'Toole won a recount in the Townsville-based seat, after the first count put her just eight votes ahead of the LNP incumbent.

The Liberal National Party yesterday flagged the possibility of court action, which Mr Jones said he would support.

While acknowledging Ms O'Toole's victory, he cited the small margin and "a number of anomalies" in the process as reasons for a new vote.

"I think the party owes it to our supporters and to the nearly 40 per cent of people that did vote for us," he said.

"The decision on whether we mount a court challenge to the Court of Disputed Returns is a decision of a party, but I would be agreeing with it if we did take it to the Court of Disputed Returns."

Once the writ is returned by August 8, the LNP has 40 days to contest the result.

Mr Jones said he had called Ms O'Toole to congratulate her after the recount, which he described as a "tough experience".

Ms O'Toole said yesterday she was not worried about the possibility the LNP would ask for another election in the seat.

Cathy O'Toole says she is not worried about the prospect of another vote. ( AAP: Mick Tsikas )

"Ewen has assured me they will be out of the office as soon as they possibly can," she said.

"The fight starts immediately to ensure that we are getting what we need in our community.

"I will let others worry about any so-called challenges.

"It is 20 years since Labor has held the seat of Herbert and I am the first woman that has held this seat. That is an enormous celebration for the people in this community."

Result leaves Coalition with one-seat majority

The loss of Herbert leaves the Coalition with a one-seat majority in the lower house at 76 seats, down to 75 once a Speaker is appointed.

Mr Jones said a close win was still a win, saying "there's been lots of things done with very small majorities", but Independent crossbencher Bob Katter said it would force the Government to negotiate with the crossbench.

Mr Katter told the ABC the tight majority would mean the Coalition would have to work with the "people in the middle".

"A government can't function properly with one vote up its sleeve," he said.

"And you need the good grace of the people in between."