High Court finds Steve Martin 'duly elected' as Jacqui Lambie's replacement

High Court finds Steve Martin 'duly elected' as Jacqui Lambie's replacement

High Court finds Steve Martin 'duly elected' as Jacqui Lambie's replacement

Updated 9 February 2018, 11:05 AEDT

The High Court rules Devonport Mayor Steve Martin has been elected Senator for Tasmania, replacing his former party leader Jacqui Lambie.

The High Court has ruled that Devonport Mayor Steve Martin has been elected as Senator for Tasmania, replacing his former party leader Jacqui Lambie.

Ms Lambie resigned from Parliament late in 2017, after discovering she was a dual citizen.

Earlier this week, the High Court decided Mr Martin was eligible to take the position in Canberra despite concerns his job as a local mayor breached the constitution.

Today's ruling by Justice Geoffrey Nettle was something of a formality, however there had been speculation another delay might occur because Mr Martin was expelled from the Jacqui Lambie Network (JLN) just hours after the High Court ruled on his eligibility on Wednesday.

Mr Martin was the second candidate on the JLN senate ticket at the July 2016 election, and the likely successor for Ms Lambie.

Despite initially saying she would not demand he stand down to allow her to return to the federal politics, Ms Lambie changed her mind.

When he did not comply, the JLN executive kicked him out of the party.

Mr Martin heard the news of his expulsion when contacted by the ABC on Wednesday night.

This morning in Melbourne, Justice Nettle said there had been no evidence presented to him to show Mr Martin was no longer with the party.

"If Mr Martin has ceased to be with the Jacqui Lambie Network Party he did not cease to be so until after the recount and is entitled to be elected," he said.

Justice Nettle also said there were no issues for Mr Martin connected to section 44 of the constitution affecting dual citizens.

"He was with the JLN Party when he stood for election on the 2nd of July, 2016 and unlike Ms Lambie was then, as now, capable of being elected."

Concerns of a delay in appointing Mr Martin arose as comparisons were drawn to former South Australian senator Skye Kakoschke-Moore.

The Nick Xenophon Team (NXT) has been involved in a bitter public feud for a number of months, about whether former party member Tim Storer can replace Ms Kakoschke-Moore in the Senate.

The High Court is yet to make a ruling on that case.

Justice Geoffrey Nettle also ruled that former Liberal minister Richard Colbeck could return to the chamber in place of former Senate president Stephen Parry, who also resigned in the dual citizenship fiasco.

Mr Colbeck was tourism minister before the last election, but was relegated to an unwinnable position on the Tasmanian Liberal senate ticket ahead of the 2016 poll.

Mr Martin and Mr Colbeck could be sworn into the Senate as early as next week.