In another sign of disaffection, Ms Banks and others are standing by their concerns about the intimidation of MPs and the need for the Liberal Party to support more women in Parliament, while Mr Morrison plays down the problem. Several Liberal MPs appear to be keeping their options open on the question of Mr Dutton’s eligibility after Mr Turnbull reprised his concerns in messages to colleagues in recent days. Loading Former deputy Liberal leader Julie Bishop said it was a “matter for each politician” to make a decision on a referral to the High Court, making no statement of support for Mr Dutton. In a contrast with the government’s strong defence of Mr Dutton, Ms Bishop said if a vote was called on his fate, “I will make up my mind at that time.”

Asked whether Mr Dutton should refer himself to the court, Ms Bishop said this was up to the Home Affairs Minister. “We all have personal responsibility to ensure we are eligible to sit in the Parliament,” she said. “We’ve seen in recent times steps taken by members of Parliament to clarify their status. But it’s a matter for each politician to make that determination.” Ms Bishop also backed Ms Banks over her concerns about intimidation. "It's a very difficult situation where you are accusing others of behaviour that could in some instances be illegal," Ms Bishop said on Thursday.

As revealed by Fairfax Media, Mr Turnbull has called and texted colleagues including Mr Morrison to make the case for why Mr Dutton should referred to the High Court. Loading Barnaby Joyce lashed out at the former prime minister, saying he was running an “active campaign” to bring down the government. “Boy, that is bitterly disappointing,” Mr Joyce said. “Why is Malcolm doing this? I don’t know but it’s not looking good. He’s got a legacy, a good legacy, and he shouldn’t, basically, impugn it.

“These things, they just are starting to look like malice and not like anything to do with the reflections of a former prime minister.” Others disputed this reading and said Mr Turnbull’s messages had not undermined the government, seeking instead to restate the concerns about Mr Dutton himself. At issue is whether Mr Dutton’s interest in two childcare centres, which receive money from the federal government, would breach section 44 of the constitution, which forbids an MP having a pecuniary interest in an agreement with the Commonwealth. Loading Replay Replay video Play video Play video Mr Morrison has rejected the concerns and Mr Dutton has advice from respected constitutional lawyers saying he is qualified to sit in Parliament, but Solicitor-General Stephen Donaghue said it was “impossible to state the position with certainty” and there was “some risk” about eligibility.

In the August 23 vote - one day before Dr Donaghue’s advice was released - Labor gained support from crossbenchers Adam Bandt, Cathy McGowan, Rebekha Sharkie and Andrew Wilkie in its first attempt to refer Mr Dutton to the court. This suggests Labor could succeed on a second attempt if two Liberals crossed the floor or abstained. The government is especially vulnerable while it waits for the byelection in Wentworth to replace Mr Turnbull, although crossbencher Bob Katter has promised to support the government. Labor is wary of launching its second attempt to refer Mr Dutton until it sees further signals from Liberal MPs about their intention, given a convention that prevents the same question being put repeatedly to the House of Representatives. The “same question” rule may allow Labor to put another motion as soon as next week, given the emergence of the Solicitor-General’s advice, but would prevent further attempts soon afterwards.