The Commonwealth is set to join the queue of creditors chasing former WA senator Rod Culleton after the High Court ruled he was not eligible to stand for election in the first place.

The Weekend West can reveal that more than $100,000 in pay and superannuation collected by Mr Culleton during his time sitting in the Upper House has automatically become debt following the court’s determination yesterday.

In 1988 and 1991 when a then senator and a member of the House were found to be ineligible to be in the Parliament, the government then determined their pay and super were debts that could be chased.

A change in legislation since then means the salary and super paid to Mr Culleton from July 1 last year “automatically” become a debt to the Commonwealth.

To waive the chase for cash will require a decision from Finance Minister, and WA senator, Mathias Cormann.

But chasing the money may be in vain. The debt will sit behind other debts that Mr Culleton owes.

The unanimous full bench decision to deem Mr Culleton ineligible due to an existing larceny conviction is the final word on the former One Nation senator’s disqualification from Federal Parliament, putting an end to his rollercoaster legal battle to continue to represent WA in Canberra.

It will also spark a recount of last year’s ballot papers to determine his replacement.

Play Video Rod Culleton's political career is over after the High Court ruled he was ineligible to be a member of Parliament. The West Australian Video Rod Culleton's political career is over after the High Court ruled he was ineligible to be a member of Parliament.

The 52,500 votes received by One Nation in WA at the Federal election on July 2 are set to flow to Peter Georgiou, who is Mr Culleton’s brother-in-law and ran below him on the party’s ticket. Within minutes of the ruling, One Nation leader Pauline Hanson anointed the Morley-based electrical contractor as Mr Culleton’s successor, describing him as “not a career politician” and a “dedicated, hardworking man who believes in the principles of One Nation”.

Mr Georgiou, a son of Greek migrants who campaigned on a better deal for small businesses, said in a statement it was a “proud and humbling moment”.

“I feel lucky and honoured to be Australian and have the opportunity, as an everyday citizen, to serve the constituents of WA and I am looking forward to working with my One Nation colleagues,” Mr Georgiou said.

The Australian Electoral Commission is awaiting a decision by a High Court judge on the timing and method of a recount before Mr Georgiou, 42, can be declared the new senator and sworn in.

Mr Culleton also had an appeal against a bankruptcy ruling thrown out by the Federal Court yesterday afternoon.

Mr Culleton’s former chief of staff Margaret Menzel said the decision meant it was a “sad day for democracy”.