Will Dutton face the High Court?

On 23 August 2018 sixty-nine members of the Turnbull Coalition Government voted down a Labor motion to refer the Minister for Home Affairs and MP for Dickson, Peter Dutton, to the Court of Disputed Returns.

Included in this sixty-nine was Peter Dutton himself and most of the forty-five MPs who a day later refused to support Dutton's second leadership bid, as well as some reported to now be keeping their options open concerning referral to the Court. 

It seems that another motion is being prepared and there is no guarantee that the vote would go Dutton's way in a Morrison Coalition Government. 

News.com.au, 15 September 2018:

Home Affairs Minister Peter Dutton has been dealt another legal blow as constitutional law expert Anne Twomey says her advice for his referral to the High Court is "stronger" than ever.

Professor Twomey told The Australian the Solicitor-General's opinion brings up information about funding for the child care centres owned by Mr Dutton's family trust which "raised considerably the risk of disqualification" under section 44 of the constitution.

This new assessment comes after Julie Bishop called for "clarity" over Mr Dutton's eligibility and backed former prime minister Malcolm Turnbull's calls for his referral.

Shadow Treasurer Chris Bowen told reporters in Sydney on Saturday that it was "very important" that Mr Dutton be referred.

"I see one of Australia's most eminent constitutional lawyers, Anne Twomey, suggesting today that the case for the reference to the High Court has been increased, is now stronger," he said.

Mr Bowen wouldn't say if and when Labor would make a second attempt to move a motion to refer Mr Dutton to the High Court, only that "we'll keep our options open."

A Labor motion for a referral was defeated by just one vote on August 23.

Ms Bishop hasn't ruled out crossing the floor to support the motion, saying if a vote was called: "I will make up my mind at that time".

Crossbenchers Cathy McGowan and Rebekha Sharkie told The Conversation on Wednesday that they would vote for a referral.

Ms McGowan said, "it should be done quickly and efficiently and effectively and sorted out."

"I think it's taking up a huge amount of space in parliament at the moment," she said."

According to The Saturday Paper, Mr Dutton only absented from one cabinet discussion on child care, despite having regularly declared his family investments.

A spokesperson for Mr Dutton said: "The minister has complied with the Statement of Ministerial Standards and the Cabinet Handbook. Suggestions to the contrary are false".

News.com.au, 15 September 2018:

The Greens are preparing a vote in parliament to check Home Affairs minister's eligibility over questions about his family financial interest in two childcare centres.

A similar motion failed by just one vote on Malcolm Turnbull's second last day as prime minister.

"I have taken advice in relation to my position, which put the question beyond doubt," Mr Dutton told parliament on Thursday.

Section 44 of the constitution disqualifies anyone who has a "direct or indirect pecuniary interest" in any agreement with the Commonwealth.

Childcare centres now get direct funding from the Commonwealth, which is then passed through to parents.

"Every day he continues on in this place there's going to be a huge cloud over him and over the government," Greens leader Richard Di Natale told reporters on Friday.

Greens MP Adam Bandt has been speaking to Liberal MPs about voting to refer Mr Dutton to the High Court, and the Greens believe support is rising.....

At the height of the Liberal leadership crisis, Solicitor General Stephen Donaghue advised he could not categorically determine Mr Dutton's status and only the High Court could.

However Mr Donaghue found on balance Mr Dutton was "not incapable" of sitting as an MP.....

A News Corp report on Friday claimed two government MPs are considering voting with Labor in forcing Mr Dutton to the High Court.

The report understands the rogue MPs are planning to use the threat of crossing the floor to force Mr Morrison to refer Mr Dutton to the High Court.

Prime Minister Scott Morrison says he won't act on Mr Turnbull's advice.

He's also checking whether Mr Dutton stepped out of cabinet when the childcare funding changes were discussed.