Former One Nation senator Rod Culleton has lost a bid to keep his entitlements, pending the outcome of two court cases examining his eligibility to serve as a senator.
The Federal Court is yet to make a decision on whether to set aside a bankruptcy ruling against Mr Culleton and the High Court has not delivered its ruling on whether a conviction may be grounds for an invalid election.
Mr Culleton wanted his privileges and allowances as a senator restored until the matters were resolved.
Under section 44 of the constitution, a senator who is declared bankrupt or insolvent is disqualified from serving in the Senate.
His lawyer Peter King told the Court of Disputed returns today that Senate president Stephen Parry and Attorney-General George Brandis overreached their authority declaring a vacancy.
“What they have done is to presume his seat is vacant,” he said.
“They have taken away his privileges.”
Mr King told the court that meant his client had lost his allowances and support staff.
He said this was wrong, as the removal of a member of the Senate is a matter for the Senate.
“These two members of the Senate have overreached themselves,” Mr King said.
However, this afternoon Justice Stephen Gageler dismissed Mr Culleton’s application.