Australia Rod Culleton secures extension of bankruptcy case stay

12:06  12 january  2017
12:06  12 january  2017 Source:   ABC News

'Not impressed': Pauline Hanson distances herself from potential WA candidate after court incident with Rod Culleton

  'Not impressed': Pauline Hanson distances herself from potential WA candidate after court incident with Rod Culleton One Nation leader Pauline Hanson has distanced herself from a potential party candidate, after he was involved in a scuffle with rogue West Australian senator Rod Culleton.Senator Culleton said he was recovering from an "unexpected attack" outside a Perth courthouse on Tuesday, after falling during a confrontation with Anthony Fels, a former WA parliamentarian and One Nation hopeful.

Former One Nation senator Rod Culleton is granted a one week extension of a stay application on his bankruptcy ruling, which has forced him to lose his seat in Federal Parliament.

Separately from the criminal cases , on 23 December 2016 the Federal Court declared Culleton bankrupt . Constitution section 44(iii) disqualifies any member of the Parliament who is bankrupt or insolvent. The court granted a 21-day stay on the order, with Culleton announcing that he would appeal the decision.[14][15][16] If the bankruptcy order were to be brought into effect, the result (again) would be a casual vacancy. ^ "Senator Rod Culleton declared bankrupt by Federal Court". Sydney Morning Herald. 23 December 2016.

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Former One Nation senator Rod Culleton has secured a one week extension of a bankruptcy case, which has forced him to lose his seat in Federal Parliament.

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Sorry. The server could not process your request. If you have arrived at this very dull page from a link within the web site, please send an email detailing the link to webmaster@mssb.uscourts.gov. Standing Order Regarding Motion to Extend or Impose the Automatic Stay .

BANKRUPTCY CASE : Senator Rod Culleton storms out of Federal Court. ROD Culleton ’s political career is over, after the controversial senator was declared bankrupt this morning by the Federal Court. Australia’s Constitution states if a person is an “undischarged bankrupt ” they are ineligible to sit as a Member of Parliament. But who and how he will be replaced is yet to be determined, with a future High Court decision to affect whether One Nation leader Pauline Hanson chooses his successor or whether it will be a recount.

The extension of the stay — which was set to expire at midnight on Friday — comes after Senate President Stephen Parry declared Mr Culleton's seat vacant, claiming the Federal Court had confirmed he was bankrupt.

But Mr Culleton claims the stay means he is not officially bankrupt and can continue to act as a senator.

Mr Culleton has criticised Mr Parry for "jumping the gun" and has threatened legal action against some media outlets who have reported his statement.

He said he had launched High Court action over Mr Parry's decision to advise of a vacancy.

"You know, we need a fair system, and I believe after today we're starting to see a swing."

In a testy press conference, Mr Culleton said he was not delaying the inevitable and described the extension as "a good order".

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Rod Culleton still a senator - for now. A finding of bankruptcy against the former One Nation Senator has been stayed for 21-days. Courtesy ABC News 24. The constitution prohibits federal parliamentarians from being bankrupt . The judge has granted a 21-day stay on the order. So if that be the case , his brother-in-law may not be eligible to stand. So if that be the case , then the seat comes back to the party," she said. Senator Culleton 's chief of staff, Margaret Menzel, rejected this claim. I feel sorry for Rod Culleton & his family but this was the right ruling.

Independent Senator Rod Culleton has been declared bankrupt by the Federal Court in Perth, which would disqualify him from parliament, but he has vowed to fight on. Justice Michael Barker on Friday granted a 21-day stay on the bankruptcy order. Before the judgment was handed down, Senator Culleton applied to reopen the bankruptcy hearing, claiming he did not fully cover his case on Monday due to the presence of former friends Frank Bertola and Bruce Bell, but Justice Barker rejected the application.

"The 21-day stay has been over the Christmas period — a lot of lawyers have been away — it's not really time to be suiting up in the courts, and that's what got me in trouble in the first place," he said.

Rodney Culleton has repeatedly denied he is bankrupt. © Provided by ABC News Rodney Culleton has repeatedly denied he is bankrupt. "I am not going to start arguing — what has clearly been put before the honourable court is that I am not insolvent."

In a statement issued on Wednesday, Mr Parry said his decision to declare Mr Culleton's seat vacant was an "automatic consequence of the declaration of bankruptcy of a serving senator".

Mr Culleton has told reporters he intends to launch a High Court challenge to Mr Parry’s actions.

Mr Culleton and his chief of staff Margaret Menzel claim the stay ruling, granted in the Federal Court last month, means Mr Culleton is not officially bankrupt until it expires.

The ABC understands a stay is routine practise to allow new bankrupts to get their affairs in order before facing the financial consequences.

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Former One Nation senator Rod Culleton shouts you just executed me at a Federal Court judge as he is declared bankrupt , in a decision that leaves him facing being barred from serving in the Senate.

Independent Senator Rod Culleton has been declared bankrupt by the Federal Court in Perth, which would disqualify him from parliament, but he has vowed to fight on. Justice Michael Barker on Friday granted a 21-day stay on the bankruptcy order. The WA District Court had ordered Senator Culleton to pay former Wesfarmers director Dick Lester 5,536 in 2013 - which has since increased to 0,000 - over unpaid rent relating to a .2 million 2009 property acquisition deal that soured.

The National Personal Insolvency Index, a federal government register operated by the Australian Financial Security Authority, states that Mr Culleton is "an undischarged bankrupt".

It states the date of bankruptcy as December 23, 2016, the date of the Federal Court hearing.

Under section 44 of the Constitution, a senator who is declared bankrupt or insolvent is disqualified from serving in the Senate.

How Mr Culleton is replaced will hinge on a separate matter before the Court of Disputed Returns, that will assess if he was in fact eligible to run for the Senate in the first place.

If the court finds he was ineligible, due to an earlier larceny charge, his name will be struck off the ballot paper and a recount ordered.

If the court rules in Mr Culleton's favour, it would allow his former party One Nation, who he parted ways with last month, to select a replacement.

Culleton, staff still using Perth office .
It is nearly a week since Rod Culleton lost his Senate seat but he is fighting on and neither he nor his staff have left his office.The 52-year-old farmer says he is preparing a legal challenge to his removal.

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