Chief Justice Tim Carmody. Credit:Daniel Hurst A spokesman for Justice Carmody said "he will consider the issue if and when it arises". Justice Carmody was appointed by the Newman Government amid a sea of controversy, with many protesting against what they saw as his close association with the government. He has always maintained his independence. Both major parties are sweating on the Court of Disputed Returns decision in regards to Ferny Grove, as it could prove an election turner, if it was declared invalid, sparking a by-election. The Palmer United candidate, Mark Taverner was found to be an undischarged bankrupt and therefore ineligible for standing for office. For the first time in modern political memory, a seat is being disputed before it has been declared, creating what is thought to be a new situation for the court.

If Mr Taverner's votes were found to have affected the election outcome, a by-election could be ordered for the electorate. The LNP would need to win the by-election to have any hope of governing. That result would leave both parties with 43 seats each, leaving the two Katter MPs, who on Monday released a wish list of 21 demands for their support, with the balance of power. The list includes key Katter Australian Party policy platforms - such as an ethanol mandate, road upgrades and an inland highway and the removal of flying foxes - as well as electorate sweeteners like a Mt Isa copper smelter and the banning of 100 per cent fly-in-fly-out mining projects. "Let's not pussyfoot around, let's get in there and that's why we're setting up this action council, this is why we're working to make this happen," Mr Knuth said on Monday. The MPs have not announced who they would support, but are tipped to be leaning towards the LNP.

On the current expected result, Labor would have 44 seats to the LNP's 42. With the support of Sunshine Coast independent Peter Wellington, Annastacia Palaszczuk could form government, if the Governor agrees, but the LNP, under Lawrence Springborg, is putting up resistance, claiming the caretaker government should continue until the Ferny Grove situation is resolved. "All we are saying is that it is very, very unclear at this stage if there is a way forward because whatever happens one way or the other, Ferny Grove is going to be crucial in deciding whether one side or the other is going to be able to sustain a majority in the government," Mr Springborg said. Ms Palaszczuk said she was ready to visit Government House as soon as the results were officially declared. "I have been very calm over the last week since the last election. We only have a few more days to go, but I am up for the challenge," she said. "I am confident that I am forming government in this state and I want to thank the people of Queensland for the support they have shown me during the election campaign and I will make sure I live up to their expectations each and every day."

But that could still be days away – a spokesman for the Electoral Commission said it hoped to have all seats declared by the end of the week, but said it was "unlikely" counting in all electorates would be finalised by Tuesday, as previously thought. Chief Justice Carmody will play a role in determining the outcome of the disputed Ferny Grove electoral result.