The High Court has delayed the replacement of former Tasmanian senators Jacqui Lambie and Stephen Parry, deciding to put off declaring who will take the seats until the eligibility of Ms Lambie's likely replacement is settled.
Mr Parry's replacement will likely be straightforward, with former senator Richard Colbeck next in line on the Liberals' ticket.
However questions linger over the next candidate on the Jacqui Lambie Network ticket, Devonport Mayor Steve Martin.
His current position may disqualify him from being selected, due to section 44 (iv) of the constitution, which prohibits federal members from holding an office for profit under the crown.
Mr Martin has said he sought advice from the Clerk of the Senate in 2016, and was told he was eligible to stand for the Senate.
Today the High Court decided not to declare the successor in either seat until Mr Martin's eligibility question was resolved.
Both Mr Parry and Ms Lambie resigned in the weeks following the High Court's dual citizenship ruling, after they each uncovered evidence they were UK dual citizens.
Last week the court found recounts should be used to replace them and Justice Geoffrey Nettle flagged the possibility of the High Court's full bench hearing Mr Martin's matter.
The case will next be heard in late January.
