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Rod Culleton
Rod Culleton
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Rodney Norman Culleton[a] (born 5 June 1964) is an Australian politician who was sworn in and sat as a Senator for Western Australia following the 2016 federal election. At that time he was a member of the Pauline Hanson's One Nation party, but on 18 December 2016 he resigned from the party to sit as an independent.[2]

Key Information

On 23 December 2016 the Federal Court of Australia held that Culleton was bankrupt.[3] On 11 January 2017 the President of the Senate, Stephen Parry, wrote to the Governor of Western Australia, Kerry Sanderson, advising her that as a result of Culleton's bankruptcy his seat in the Senate was vacant.[4] Culleton disputed the effect of the court's order and claimed still to be a Senator.[5] His appeal against the bankruptcy order, to the Full Court of the Federal Court, was dismissed on 3 February 2017. On the same day, the High Court determined that Culleton had, in any case, been ineligible for election to the Senate due to a criminal matter in New South Wales. The Senate vacancy left by Culleton was later filled by his brother-in-law Peter Georgiou, One Nation's second Senate candidate for WA in the 2016 election, after an official recount.[6]

Culleton established The Great Australian Party in April 2019.

Senate

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Culleton was declared as elected as a Senator for Western Australia on 2 July 2016 as the lead candidate on the Pauline Hanson's One Nation ticket during the 2016 election. At the time he had been convicted in absentia on a larceny charge over a vehicle key in New South Wales, but had not yet been sentenced.[7]

On 18 December 2016 Culleton announced on Twitter that he had resigned from One Nation, citing a lack of party support and "un-Australian behaviour". Party leader Pauline Hanson responded that Culleton had been "a pain in my backside" and that she was "glad to see the back of him".[8]

[edit]

Culleton was involved in a long and complex history of legal proceedings in relation to claims he owed money to a number of different companies.[9]

  • Macquarie Leasing Pty Ltd obtained a judgment in the WA District Court against Culleton in March 2013 for $94,304. In 2014 Culleton was bankrupted over this debt,[10] however in 2015 the bankruptcy was set aside by consent.[11][12]
  • In May 2013 Permanent Custodians, part of the ANZ Bank group, foreclosed on the Culletons' farm which was near Williams, Western Australia, obtaining judgment against the Culletons for $4,672,859 plus interest.[13] The Culletons unsuccessfully attempted to have this set aside, in 2014,[13] and 2016.[14] Culleton referred to his dispute with the ANZ Bank in his submissions to a Parliamentary Joint Committee,[15] and in his first speech to the Senate.[16]
  • Elite Grains, a company associated with Culleton had been placed in liquidation and the report to creditors said that Elite Grains had $5.4 million in secured debt, $656,000 in unsecured liabilities and that "There will not be a dividend to any class of creditor in this liquidation".[17][18][19]
  • Balwyn Nominees, a company associated with former Wesfarmers director Dick Lester, obtained judgement against the Culletons for $205,536 plus interest in 2013.[20] The Culletons have unsuccessfully attempted to overturn this judgment in WA Courts in 2015,[21] 2016,[22] and 2017.[23] In 2016 Culleton commenced proceedings in the Federal Court seeking to overturn the judgment but the application was dismissed as being erroneous and "entirely unarguable".[24]

Creditors petition and bankruptcy

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Balwyn Nominees sought an order in the Federal Court that Culleton be made bankrupt. On 23 December 2016, after a tumultuous hearing,[25][26] the Federal Court rejected Culleton's application for trial by jury, found that the technical requirements of the Bankruptcy Act had been met and held Culleton's various other submissions were unarguable and totally without merit. The court ordered sequestration of Culleton's assets, with the effect of declaring him bankrupt.[3][9] The court granted a 21-day stay on proceedings under the sequestration order, with Culleton announcing that he would appeal the decision.[27][28][29] Culleton's appeal was dismissed by a full court of the Federal Court on 3 February 2017 (see below).

Under Sections 44 and 45 of the Constitution of Australia, a Senator who faces an undischarged bankruptcy during his term automatically forfeits his seat.[30] After receiving an official copy of the trial judgment from the Federal Court as well as documentation from the Inspector-General in Bankruptcy, on 11 January the President of the Senate, Stephen Parry, wrote to the Governor of Western Australia, Kerry Sanderson, to notify her that Culleton's seat had become vacant due to his having become an undischarged bankrupt on 23 December 2016. Parry added that, since the matter of initial ineligibility was still before the High Court sitting as the Court of Disputed Returns, he was currently unable to advise that the ordinary procedure for filling a casual vacancy (section 15 of the Constitution)[31] applied and he would provide further advice following the Court's decision, expected "in the near future".[32] Culleton immediately announced that he would lodge a High Court challenge to the President's ruling as "premature" since the 21-day stay was to run until 13 January.[4]

On 12 January, the Federal Court extended the stay of proceedings under the sequestration orders by one week. Culleton maintained that it was also a stay of the declaration of bankruptcy, so that he continued to be a Senator. However, he was already listed on the Parliament website as a "former Senator".[5][33][34] On 19 January it was reported that Culleton's lawyer had received a letter from Parry's office which warned that, in continuing to identify himself as a Senator, Culleton could be committing the serious offence of impersonating a public official, and that in response Culleton had amended his parliamentary Facebook page to read "Rod Culleton – 'Senator' for WA – Gone Fishin'", and changed the signature on his parliamentary emails to "Rod Culleton | Federal Senator for Western Australia (Gone Fishin')".[35] On 31 January 2017, Justice Gageler in the High Court rejected challenges by Culleton to the Court's jurisdiction and to Parry's decision.[36]

On 3 February 2017, the full court of the Federal Court unanimously dismissed Culleton's appeal against the sequestration order. It rejected Culleton's claim that the trial judge had treated him unfairly, finding that the judge had dealt properly with his "unfocused and erratic" submissions. It also rejected his argument that a sequestration order does not necessarily involve a finding of bankruptcy, confirming that "insolvency, not judgment execution or debt collection, is the essence of an application for a sequestration order".[37][38] Culleton unsuccessfully sought a stay of the sequestration order in the High Court.[39]

Criminal charges

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In April 2014 Culleton was involved in a dispute with a tow truck driver in Guyra, NSW. The tow truck driver was attempting to repossess a truck and the key to the tow truck was lost. Culleton was charged with larceny in relation to the missing key. When the matter came before the local court in March 2016 Culleton was not present, saying he did not have time to travel to the Court as he was required to be in court in WA the day before on unrelated larceny charges (see below). Culleton was convicted in his absence.[9] He successfully applied to set aside the conviction,[7] with the conviction being annulled on 8 August 2016.[40] Culleton then pleaded guilty to the offence, and was ordered to pay the truck driver's costs but a conviction was not recorded.[41]

A second, unrelated, larceny charge, concerning a hire car in Western Australia in March 2015. The allegations are that receivers had attended the property of Mr Dixon near Cuballing, Western Australia, with the ANZ Bank alleging he had defaulted on a loan. While the receivers were inside the farm house talking to Mr Dixon, the hire car was blocked in by hay bales. The car was subsequently moved and it is alleged that Culleton tried to obtain a key. While the charge was expected to be heard in August 2016,[42] it was listed to be heard in the Perth Magistrates Court over a four-day period, in September 2017.[43] When the case was heard, Culleton represented himself, shouted at the magistrate and threw his eyeglasses in her direction (they hit a table); a police officer removed him from the court, but he apologised to the court and was allowed to return to cross-examine witnesses. However, since the case was set to run for only one more day and there were a large number of witnesses, the hearing was adjourned until 2018.[44]

In March 2022, Culleton was charged with breaching quarantine directions during the COVID-19 pandemic in Western Australia. He appeared in the Kalgoorlie Magistrate's Court on 4 April 2022. He did not enter a plea and indicated that he intended to elevate the case to the High Court of Australia on constitutional grounds. He was granted four weeks adjournment.[45]

Senate ineligibility

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Under section 44(ii) of the Constitution, any person who "has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer" is "incapable of being chosen or of sitting" in either house of Parliament.[46] Previous time in prison was not a disqualification and there have been numerous politicians who had spent time in prison before their election.[47] The High Court had previously observed that the disqualification is not simply for the conviction for an offence, nor serving time in prison. The disqualification required both conviction and that the person was imprisoned at the time or awaiting sentence.[48] The WA larceny charge did not give rise to any question of disqualification as Culleton had only been charged and had not been convicted. At the time of Culleton's nomination and election, he had been convicted for the New South Wales offence but had not been sentenced. A former colleague lodged a petition with the High Court (sitting as the Court of Disputed Returns), claiming that Culleton was not able to nominate for the election as he was convicted and awaiting sentence in New South Wales at the time of the election.[49] Subsequently, the Australian Government asked the Senate to also refer the matter to the High Court; the reference included a request to determine what should be done if Culleton's seat were found to be vacant.[50] The primary issues before the High Court concerned the effect of the subsequent annulment of Culleton's conviction and whether Culleton was subject to be sentenced to a term of imprisonment for one year or longer.

On 3 February 2017, the High Court determined the Senate reference, unanimously finding that Culleton had been ineligible for election to the Senate. At the time of the 2016 election he was subject to being sentenced to imprisonment for up to two years, which under Constitution section 44(ii) rendered him ineligible for election. This had not been affected by the subsequent annulment of the finding of guilt; the annulment had operated only from the time of the annulment. The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice. However, the Court anticipated that a simple recount, as if Culleton had not been a candidate, would make the votes cast for him (so far as they were "above the line", which was 96% of them) would flow through to the next One Nation candidate. The Court ordered, as the Commonwealth had previously agreed, that most (with specific exceptions) of Culleton's costs of the action would be borne by the Commonwealth (Culleton had initially represented himself, but eventually he had been provided with counsel).[51][52][53][54]

The majority stated, in an introductory summary of their judgment (with which Nettle J differed only as to reasoning):[55]

Senator Culleton was a person who had been convicted and was subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election. That was so, both as a matter of fact and as a matter of law. The subsequent annulment of the conviction had no effect on that state of affairs. It follows from s 44(ii) that Senator Culleton was "incapable of being chosen" as a Senator. In the result, there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Culleton was returned.

The beneficiary of the recount, as determined by the High Court on 10 March 2017, was Culleton's brother-in-law, Peter Georgiou.[6][56]

When the Senate resumed on 7 February, the President of the Senate, Stephen Parry, informed the house of the High Court's decision that Culleton had been ineligible to nominate for the Senate, rendering his election void. Parry stated that this did not invalidate any Senate proceedings in which Culleton had taken part, by reference to the High Court decision in Vardon v O'Loghlin.[57] He added that any salary paid to Culleton as a Senator had been paid without authority and accordingly was now a debt due to the Commonwealth; and that whether any of that debt should be waived was a decision for the government, on which Parry had sought advice from the finance minister.[58]

In May 2017, Culleton was informed by the Commonwealth Department of Finance that "payments made to you and in relation to you since the election on 2 July 2016 are a debt to the commonwealth" and might include superannuation payments, other entitlements and staff payments. Culleton was invited to consider his options, which could include providing evidence of his financial circumstances. Culleton told media that he would not be answering the Department's letter. "I'm just going to hang in like a flea in between the shoulder blades of a dog", he said, "right where it can't scratch."[59] Special Minister of State Scott Ryan confirmed that this department, as well as the Senate, had so written to Culleton and also to disqualified Family First Senator Bob Day; he indicated that they could apply for the debts to be waived. Culleton commented that he intended to appeal the High Court judgment against him to the Privy Council: on being reminded that this has been virtually impossible since the Australia Act 1986, he said that he disagreed.[60][61]

On 8 August 2017 the President of the Senate reported that he had received correspondence from Culleton's lawyers "requesting the Senate to refer matters relating to Mr Culleton back to the High Court for reconsideration" and added, "I am advised that the Senate has no power to comply with this request."[62]

The Great Australian Party

[edit]

In 2018, Culleton initiated the process to establish a new political party, The Great Australian Party, to stand candidates for the Senate in the 2019 Australian federal election. He continued to refer to himself as a "senator-in-exile" and sought to appeal his disqualification to the Privy Council of the United Kingdom. Other policies of the proposed party were to remove personal income tax, nationalise the Commonwealth Bank and abolish the Family Court of Australia.[63] The party was formally registered by the Australian Electoral Commission on 7 April 2019.[64][65]

Culleton became the party's lead candidate for the Senate in Western Australia in the May 2019 election. His nomination was immediately referred to the Australian Federal Police to clarify the possibility that he had made a false declaration on his nomination form.[66] The party recorded 0.2% of the vote, coming 19th of the 23 contesting parties and falling well short of electing a candidate.[67]

During the 2022 Australian federal election Culleton again nominated to stand for the Senate as the leader of the Great Australian Party. The Australian Electoral Commission issued a statement noting that he may be ineligible to stand as he is listed as an undischarged bankrupt and referred the matter to the Australian Federal Police for investigation.[68][69] In September 2022, Culleton was charged with giving false information to the AEC when he nominated for the Senate as a candidate for The Great Australian Party. It was alleged that Culleton was listed as an "undischarged bankrupt" on the National Personal Insolvency Index in April 2022, which would make him ineligible for election. After he failed to appear in the Perth Magistrates Court on 30 September, an arrest warrant for him was issued. Speaking in New South Wales, Culleton said the claim he was bankrupt was "absolutely nonsense" and that he had never been bankrupt in the past.[70]

2025 federal election

[edit]

At the 2025 Australian federal election Culleton once again nominated to stand for election to the Senate. The Australian Electoral Commission issued a statement that it had again referred his nomination to the Australian Federal Police but that notwithstanding the irregularity of his nomination, his name would appear on ballot papers.[71]

Culleton failed in his bid to get elected.

Personal life

[edit]

Culleton is separated from wife Ioanna (née Georgiou) who is of Greek heritage. Her family came to Australia in the 1970s, when she was five years old.[72] While a member of the One Nation Party, Culleton did not support the party position that multiculturalism had failed. He became an advocate for farmers after his own farm at Williams was foreclosed in 2013.[54] Culleton is linked to at least three companies, including Elite Grains, that were in liquidation in 2016.[19]

Notes

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References

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Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia

Rodney Norman Culleton is an Australian politician and fourth-generation farmer from Western Australia's Great Southern region who was elected to the Senate for Western Australia in the 2016 federal election as a candidate for Pauline Hanson's One Nation party. His tenure lasted only briefly, as the High Court of Australia ruled in February 2017 that he was incapable of being chosen or sitting as a senator under section 44(ii) of the Constitution due to a 2015 conviction in New South Wales for unlawfully possessing a knife in a gaming venue—an offense punishable by up to two years' imprisonment—despite the sentence not having been imposed at the time of the election. Culleton's seat had already been vacated in January 2017 following a Federal Court declaration of his bankruptcy over a debt exceeding $280,000, which he has contested as fraudulent and tied to broader disputes with banks over farm foreclosures.
Post-disqualification, Culleton resigned from One Nation amid internal conflicts and established himself as a vocal advocate for rural property rights, challenging banking practices and government overreach through extensive litigation and public campaigns supporting distressed farmers. He leads , which he has used to contest subsequent elections while promoting views that certain Australian laws and judicial processes lack constitutional validity, often drawing from interpretations emphasizing and individual sovereignty. Despite repeated electoral failures and further legal referrals, including for alleged non-disclosure of in nominations, Culleton persists in political activism, positioning himself as a defender against institutional and elite influence in Australian governance.

Early life and pre-political career

Family background and upbringing

Rodney Norman Culleton was born on 5 June 1964 in Narrogin, a rural town in Western Australia's Wheatbelt region known for its agricultural economy. His family has deep roots in farming, with Culleton identifying as a from the upper Great Southern area, reflecting a heritage tied to and in the state's agrarian communities. Culleton's upbringing occurred in this rural setting, where he attended both primary and at local country schools, immersing him in the challenges and rhythms of regional Australian life centered on . This background fostered early exposure to farming operations, though specific details on his parents or siblings remain undocumented in public records. His formative years aligned with the economic pressures facing family-owned farms in during the mid-20th century, including fluctuations in markets and issues.

Business activities and property development

Prior to entering politics, Rod Culleton worked as a farmer and property developer in Western Australia, focusing on rural land acquisition and agricultural operations. He operated a cereal and sheep farming enterprise, managing approximately 2500 acres of prime wheat-growing land near Williams, about 160 km southeast of Perth. This property served as the base for his agricultural activities until it entered receivership and was lost to foreclosure in 2013 amid disputes with the ANZ Bank over loan defaults. Culleton established Elite Grains Pty Ltd, a Perth-based specializing in the production and supply of custom feed mixes for . The business engaged in land acquisition deals to support its operations, including a 2009 agreement in that later became the subject of court disputes. By 2016, Elite Grains faced significant creditor claims totaling at least $6.1 million, contributing to Culleton's broader financial challenges and eventual proceedings. His property development efforts centered on rural assets, including efforts to expand farming holdings and assist other farmers facing foreclosures, which he framed as resistance to institutional overreach. These activities often intersected with legal battles, such as challenges to actions on his Williams property and support for similar cases among regional producers. Culleton's approach emphasized self-representation in court and advocacy for property rights, though outcomes frequently favored creditors and lenders.

Entry into federal politics

2016 Senate campaign and election

Rodney Culleton, a Collie-based and property developer with prior disputes against financial institutions, was endorsed as the lead Senate candidate for party in ahead of the 2 July 2016 federal election, which proceeded as a requiring the election of all 12 Senate positions in the state rather than the usual six. His campaign aligned with One Nation's platform of economic , skepticism toward , and advocacy for , while Culleton personally highlighted the need for banking reforms to assist farmers facing debt recovery actions, drawing from his own experiences with property foreclosures. Questions about his eligibility emerged early, stemming from a 2015 New South Wales conviction for which sentencing was pending at nomination—potentially breaching section 44(i) of the Australian Constitution prohibiting those with offenses punishable by imprisonment over 12 months—though Culleton maintained the matter was resolved via under the Crimes (Sentencing Procedure) Act 1999 (NSW). The Senate contest featured 34 groups and over 100 candidates, complicating preference distributions amid a fragmented vote; major parties secured the top positions, but minor parties including One Nation benefited from cross-party preference deals. Culleton received the party's primary vote share and advanced through preferences from groups such as the Shooters, Fishers and Farmers, Australian Christians, and Liberal Democrats, ultimately securing the 11th quota on 1 August 2016 alongside the Australian Greens' for the final seat. This outcome contributed to One Nation gaining representation in multiple states, reflecting voter dissatisfaction with established parties in the resource-dependent state. Despite media scrutiny over his legal history—often framed by outlets with institutional leanings toward critiquing nationalist candidates—Culleton's election proceeded without preemptive disqualification by the Australian Electoral Commission.

Affiliation with Pauline Hanson's One Nation

Rod Culleton contested the 2016 Australian federal election as the lead Senate candidate for Pauline Hanson's One Nation in Western Australia, securing election on the party's ticket after a double dissolution election on 2 July 2016. His victory contributed to One Nation gaining at least two Senate seats from the state, reflecting the party's surge in support amid preferences from other minor parties and Labor. Following the election, Culleton joined , Malcolm Roberts, and Brian Burston as One Nation's inaugural contingent in the , providing the party with crossbench influence on key votes. However, internal frictions emerged shortly after, exemplified by Culleton's public opposition to One Nation's support for a backpacker tax amendment in early December 2016, prompting Hanson to criticize him as uncooperative and unwilling to prioritize party unity over personal stances. Hanson stated that the party "can't work with him," highlighting his deviation from agreed positions as detrimental to power. Tensions escalated, leading Culleton to resign from One Nation on 18 2016, after less than six months of membership, opting to sit as an independent senator. He cited exposure to "public rants" and "un-Australian behaviour" from party figures, including Hanson, as intolerable, framing his departure as a stand against internal bullying rather than disloyalty. The split underscored One Nation's nascent organizational challenges, with Hanson's subsequent comments expressing relief at his exit and relief from ongoing disputes.

Senate service

Swearing-in and early parliamentary activities

Culleton was sworn in as a Senator for Western Australia on 30 August 2016, alongside other newly elected senators following the double dissolution election earlier that year. In his maiden speech on 12 October 2016, Culleton emphasized the financial hardships faced by Australian farmers due to banking practices, invoking references to Gough Whitlam, Martin Luther King Jr., and cricketer Dennis Lillee to underscore themes of justice and resilience. He specifically called for a royal commission into the banking sector to address alleged misconduct by institutions like the ANZ Bank, drawing from his experiences in rural property and agribusiness. The address concluded with an appeal for parliamentary action on banking reform and received a from portions of the chamber, including support from One Nation leader . Culleton's initial parliamentary focus remained on advocating for rural constituencies affected by debt recovery and financial institutions, aligning with One Nation's platform on economic sovereignty and criticism of corporate overreach, though these efforts soon intersected with emerging eligibility disputes referred to the in November 2016.

Advocacy and legislative initiatives

During his brief tenure in the Senate from August 2016 to January 2017, Culleton focused his advocacy on financial sector reform, particularly calling for a into the banking industry to investigate misconduct, practices, and their impacts on farmers and small businesses. This push aligned with policy platform, for which Culleton was designated as the lead proponent, and he proposed holding the inquiry in to highlight regional grievances. In his maiden speech on 12 October 2016, Culleton detailed personal experiences with banks, including disputes over property loans, and urged the establishment of government-backed banking alternatives to protect rural communities from foreclosure risks. He emotionally recounted battles with institutions like the ANZ Bank during parliamentary addresses, advocating for mandatory health warnings on financial products akin to those on tobacco, and moved resolutions to compel a formal inquiry amid widespread allegations of sector opacity. Culleton's efforts contributed to mounting cross-party pressure, though no royal commission was established until May 2017, after his disqualification. Beyond banking reform, Culleton engaged in representation of constituents facing debt recovery, such as assisting the Bradshaw family in inquiries related to bank practices, as referenced in discussions. His legislative output was limited by ongoing eligibility challenges and a short effective service period, with no private senator's bills introduced under his name; instead, his contributions emphasized verbal advocacy and motions critiquing federal financial oversight.

Criminal conviction history

On 11 April 2014, in Guyra, , Culleton removed a key valued at approximately $7.50 from the ignition of a operated by a repossession agent attempting to seize a leased from property associated with Culleton, amid a physical altercation where Culleton claimed he acted in defense of his property. On 2 March 2016, the Armidale Local Court convicted Culleton in absentia of under section 117 of the Crimes Act 1900 (NSW), an offense punishable by up to two years' imprisonment, and issued an . Culleton applied to annul the conviction, which was granted on 8 2016 under section 205A of the Justices Act 1902 (NSW), nullifying it and scheduling a rehearing. On 24 October 2016, in the Local Court, Culleton pleaded guilty to the larceny charge but received no recorded pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which dismisses the proceedings without a formal upon good behavior; he was ordered to pay the complainant's legal costs. Subsequent charges against Culleton, including a 2017 allegation of stealing a hire vehicle by obstructing agents and a 2022 charge of providing false or misleading information to Electoral Commission regarding nomination eligibility, did not result in recorded convictions as of available court records. No other criminal convictions have been documented in judicial proceedings.

Debt recovery actions and bankruptcy declarations

In 2013, the District Court ordered Rod Culleton to pay $205,536 to Dick Lester, a former director and creditor, following a dispute arising from business dealings. Culleton failed to satisfy the judgment, prompting Lester to initiate proceedings via a creditor's in the Federal Court. On 23 December 2016, the Federal Court declared Culleton , determining he was unable to pay his debts as they fell due. Culleton contested the bankruptcy declaration, filing an appeal arguing the proceedings were invalid due to procedural irregularities and his intent to discharge the debt through alternative means, but the Full Federal Court dismissed the appeal on 3 February 2017, upholding the ruling. Concurrently, creditors pursued recovery from Culleton's associated entities; for instance, the collapsed firm Deqmo Pty Ltd, of which Culleton was a director, left unsecured creditors with no realistic prospect of repayment, as stated by the liquidator in , amid claims totaling over $450,000 including Culleton's own disputed entitlement. Additional debt recovery actions involved longstanding financial disputes with ANZ Bank, stemming from Culleton's claims against the bank and related entity Landmark over loan guarantees and property transactions, which ANZ rejected as unsubstantiated; these contributed to broader creditor pressures but were not the primary basis for the 2016 bankruptcy. Culleton publicly denied owing sums as high as $4 million to various parties, asserting the debts were exaggerated or unenforceable under his interpretations of contract law, though courts consistently enforced the judgments against him. The bankruptcy status remained undischarged at the time of his Senate disqualification, with no verified annulment in subsequent records.

High Court disqualification proceedings

In late 2016, the President of the Senate referred questions to the High Court of Australia, sitting as the Court of Disputed Returns under section 376 of the Commonwealth Electoral Act 1918 (Cth), concerning whether a vacancy existed in the representation of Western Australia due to Rodney Culleton's eligibility under section 44(ii) of the Constitution. The referral arose after Culleton's 2015 conviction in a Western Australian court for unlawfully taking a motor vehicle, contrary to section 378(1) of the Criminal Code (WA), an offence punishable by up to seven years' imprisonment. Convicted in absentia on 10 March 2015, Culleton did not appear for sentencing, resulting in an outstanding warrant but no formal penalty imposed. Section 44(ii) provides that any person who is "convicted and subject to be sentenced for any offence punishable under the law of ... a State by imprisonment for one year or longer" is incapable of being chosen or sitting as a senator. The High Court, in a unanimous judgment delivered by Kiefel CJ, Bell, Gageler, Keane and Nettle JJ on 3 February 2017, held that Culleton satisfied this criterion at the time of his nomination as a candidate on 16 May 2016 and the polling day of 2 July 2016. The Court interpreted "convicted and subject to be sentenced" as encompassing situations where a conviction has been recorded but sentencing remains pending due to the defendant's non-appearance, rejecting arguments that actual sentencing was required for disqualification. Culleton contended that his conviction was invalid and that subsequent annulment under state law retroactively removed any disqualification. On 8 August 2016, following execution of the , a Western Australian court annulled the , but the ruled this had no effect on his constitutional ineligibility at the date, as section 44 assesses capacity at the time of being chosen. The Court dismissed Culleton's broader challenges, including claims that federal jurisdiction was absent or that the offended constitutional protections, affirming that state convictions trigger section 44(ii) without requiring federal of validity. The judgment declared Culleton had never been validly chosen, creating a vacancy in the Senate place for Western Australia from the return of the writs, to be filled via a special recount of ballot papers excluding preferences for him. This overrode an earlier Senate declaration of vacancy on 10 January 2017 based on Culleton's undischarged bankruptcy under section 44(iv), confirmed by the Federal Court on 23 December 2016 over a $280,000 debt, as the prior ineligibility rendered the bankruptcy issue moot for election validity. Culleton's 31 January 2017 summons seeking to retain his seat, pay, and privileges pending further appeals was rejected by the Court.

Post-Senate political endeavors

Formation of The Great Australian Party

Following his disqualification from the by the on 23 February 2017, owing to an undistinguished criminal conviction, Rod Culleton pursued independent political avenues after having resigned from party on 18 December 2016, citing internal conflicts including public disputes and perceived un-Australian conduct by party members. originated from the earlier Power to People Party initiative launched in 2017 by Darryl O'Bryan and Mike Palmer, but Culleton expressed interest in its development and incorporated his preferred branding of "Great Australian Party" to emphasize national restoration and sovereignty themes he had championed during his brief senatorial term. The party was formally registered with the Australian Electoral Commission on 7 April 2019, enabling Culleton to lead its Senate candidacy in Western Australia for the May 2019 federal election, where he nominated alongside figures like Wayne Glew. This formation reflected Culleton's intent to bypass major party structures, focusing on grassroots appeals against perceived establishment overreach, including his ongoing legal challenges to governmental authority and bankruptcy rulings that had barred his prior parliamentary service. The AEC registration marked the party's operational debut under Culleton's leadership, positioning it as a minor vehicle for his advocacy on constitutional issues and rural policy critiques.

Platform and ideological positions

Culleton promotes a platform centered on strict adherence to the original provisions of the Commonwealth of Australia Constitution Act 1900 (), arguing for the restoration of governance structures that he contends have deviated from foundational principles through post-federation legislative expansions. Through , which he has led since 2019, policies are explicitly framed as subordinate to this constitutional framework, emphasizing sovereignty, limited federal powers, and reforms to institutions perceived as overreaching or unconstitutionally altered. This approach reflects an ideological commitment to originalist , coupled with populist critiques of centralized authority, global influences, and economic systems favoring interests over national . In , Culleton advocates reforming the banking sector to revert to what he describes as constitutional norms, including the creation of a government-backed sovereign bank to counter private fractional reserve lending and alleged . He has historically pushed for a into banking misconduct, highlighting rural borrowers' vulnerabilities to and debt recovery practices. Taxation reforms proposed by the party include a comprehensive review of federal , replacing the goods and services tax (GST) with a aligned to constitutional and duties, while seeking to eliminate or severely restrict income taxation, which Culleton argues exceeds enumerated federal powers under sections 51 and 90. Local government restructuring is also prioritized to enhance community-level autonomy and reduce bureaucratic layers inconsistent with state-centric ideals. On immigration, Culleton supports a zero net migration policy, adjustable based on economic capacity, viewing entry to as a privilege requiring assimilation and contribution rather than entitlement, to prioritize domestic and cultural cohesion. Crime policy emphasizes stringent deterrence, including mandatory incarceration for violent offenses, reflecting a law-and-order stance that rejects leniency toward repeat offenders. Additional positions include firearms rights reforms for law-abiding citizens in rural contexts and adherence to principles like the against non-consensual medical interventions. These elements underscore an anti-globalist nationalism, with Culleton contending that post-1966 legislation, assented by governors-general rather than the , undermines legal validity—a view advanced in his legal challenges but dismissed by courts.

Election campaigns after 2016

State and federal runs prior to 2025

Culleton first contested a federal election as the lead Senate candidate for for at the 2016 election. He was declared elected on August 1, 2016, securing the party's sole seat with approximately 4.9% of the primary vote after preferences from other minor parties and crossbenchers flowed in his favor. His eligibility was immediately questioned due to a prior criminal conviction in , leading to his disqualification by the in 2017, though the initial campaign emphasized rural interests and criticism of federal overreach. In the 2019 federal election, Culleton ran again for the Western Australia Senate seat, this time as the lead candidate for the newly registered Great Australian Party, which he founded. He received 1.8% of the primary vote but was referred to federal police by the Australian Electoral Commission on April 24, 2019, for allegedly making a false declaration on his nomination form by not disclosing his undischarged bankruptcy status, rendering him ineligible under section 44 of the Australian Constitution. The party's platform highlighted constitutional reform and opposition to banking practices, aligning with Culleton's prior advocacy. Culleton mounted another Senate bid for in the 2022 federal election under banner, again as lead candidate. He polled around 1.3% of the primary vote, with preferences distributing to other minor parties including One Nation and United Australia after his exclusion from the count. The Australian Electoral Commission referred him to police on April 21, 2022, for a similar alleged false declaration regarding his , which he denied, insisting the bankruptcy was invalid due to procedural flaws. No successful state-level parliamentary campaigns by Culleton were recorded prior to 2025.

2025 federal election bid and investigations

In April 2025, Rod Culleton announced his candidacy for the seat in the federal election scheduled for May 3, 2025, representing . This marked his fourth attempt to secure a position from the state, following unsuccessful bids in 2019, 2022, and his initial 2016 election as a One Nation senator later invalidated by the . Culleton's nomination faced immediate scrutiny due to his ongoing status as an undischarged bankrupt, which disqualifies individuals from sitting in federal Parliament under section 44(v) of the Australian Constitution. The Australian Electoral Commission (AEC) alleged that Culleton failed to disclose this bankruptcy on his candidate nomination form submitted before the April 9, 2025, deadline. Despite objections, the AEC allowed his name to remain on the ballot, as it lacked authority to reject nominations post-closing without a court order. On April 11, 2025, the AEC referred Culleton to the Australian Federal Police (AFP) for investigation into potential related to the false , marking the third such referral in his electoral history. The referral stemmed from Culleton's sworn affirmation that he was not , despite confirming his status from prior proceedings. Culleton maintained that his was unlawfully imposed and contested its validity, echoing arguments from his earlier legal challenges. Culleton did not secure election, with Western Australia's six Senate seats filled by candidates from major parties and the Greens, including . No public resolution to the AFP investigation had been reported by October 2025, though similar past referrals led to charges against Culleton for providing false information to the AEC.

Political views and public impact

Constitutional and sovereignty arguments

Culleton has argued that Australian legislation enacted since 1966 lacks constitutional validity, contending that by the , rather than directly by the Queen, renders such laws void. This position, advanced during his 2016 proceedings, posits a diminishment of monarchical and improper delegation of executive power under the . Courts rejected the claim, upholding the validity of gubernatorial assent as established practice since the , which terminated residual British legislative oversight. In proceedings related to his 2016 Senate eligibility under section 44(ii), Culleton challenged the Federal Parliament's legitimacy, asserting it had contravened the since 1990 through unauthorized expansions of power and procedural irregularities. He submitted a letter to the justices questioning judicial and parliamentary authority, framing disqualification efforts as an overreach inconsistent with original constitutional intent. The unanimously ruled on 11 January 2017 that Culleton was incapable of being chosen as a senator due to his prior conviction, without endorsing his broader institutional critiques. Through , founded in 2019, Culleton advocates restoring what he describes as the Constitution's original safeguards, emphasizing supremacy over statutory enactments and proposing a government-backed "sovereign bank" aligned with constitutional monetary powers. The party's platform critiques centralized governance as eroding state and individual , drawing on interpretations that prioritize federation-era divisions of power. In 2021, the party signed a with the Original Sovereign Tribal Federation, aligning with claims that Indigenous tribes never ceded to , positioning this as a basis to contest federal authority. Culleton's sovereignty-oriented actions include invoking principles to resist enforcement, such as deploying self-appointed "common law sheriffs" in October 2023 to reclaim a family farm from bank possession, arguing statutory debt recovery violates constitutional property rights. He has also asserted that payment is voluntary under , rejecting compulsory statutory obligations as illegitimate impositions on personal . These claims echo sovereign citizen ideologies, which courts have consistently dismissed as pseudolegal, affirming the supremacy of enacted over alternative interpretations.

Support for rural interests and criticisms of establishment

Culleton emerged as an advocate for rural communities following the 2013 foreclosure of his 2,500-acre wheat farm in Williams, Western Australia, by ANZ Bank, which he attributed to aggressive debt recovery practices. He led efforts to assist other farmers facing similar bank actions, including helping Cuballing farmer Bruce Dixon retain his family property through legal and public pressure in 2016. This experience fueled his campaign against what he termed Australia's "biggest land grab" by financial institutions, framing bank foreclosures as a systematic threat to family-owned agricultural operations. As a senator in 2016, Culleton prioritized rural banking reform, demanding a federal into the sector's lending and debt recovery methods, particularly those impacting Western Australian farmers. He advocated for inquiries to be held in Perth to ensure regional voices were heard, criticizing major banks like ANZ for underpaying interest, overcharging fees, and employing harsh tactics that he claimed exacerbated rural hardship. In his October 2016 , Culleton vowed to "hunt down" ANZ over losses of two properties tied to a dispute, emotionally recounting personal financial ruin while calling for bank products to carry health warnings akin to tobacco. Culleton's critiques extended to government inaction on banking misconduct, accusing of shielding institutions by initially resisting a , which he argued aided and abetted corporate overreach into rural economies. He clashed with party leader over the issue, insisting on parallel and probes to expose systemic failures, and met with bank executives and Liberal leaders to demand accountability for lending practices that he said prioritized urban financial interests over agricultural sustainability. These positions aligned with broader concerns about consolidation and foreign influences on , including opposition to policies that he believed diverted farmland from domestic production.

Reception, achievements, and detractors

Culleton's primary political achievement was his election to the in the 2016 federal election as a candidate for , securing the seat through preferential voting amid a surge in support for minor parties. During his brief tenure from November 2016 to January 2017, he advocated strongly for a into banking misconduct, delivering an emotional highlighting farmers' struggles with practices and breaking down in to describe banks as engaging in "terrorism." He pushed for the inquiry to be held in and formulated proposed terms of reference, aligning with One Nation policy, though his efforts contributed to broader pressure that culminated in announcing the commission on November 30, 2017, after Culleton's departure from the Senate. Following his disqualification, Culleton founded in 2018, registering it with the Australian Electoral Commission and positioning it as a vehicle for constitutional reform and rural advocacy, contesting subsequent state and federal elections. His persistence in legal challenges against disqualification and bankruptcy rulings, including appeals to the , highlighted his commitment to arguments, though these were ultimately unsuccessful. Reception among supporters, particularly in rural , views Culleton as a principled outsider exposing establishment , with his banking credited for amplifying calls that pressured the into the royal commission. Admirers appreciate his focus on farmers' rights and distrust of centralized power, fostering a niche following that sustained his party's campaigns despite low vote shares. Detractors, including former One Nation leader , criticized Culleton for lacking political experience, being a poor team player, and breaking ranks on issues like the backpacker tax and banking inquiry. Mainstream outlets and legal observers portrayed him as prone to fringe legal theories, such as questioning court authority over insufficient references to the or associating with citizen-like arguments invalidating post-1966 laws, which undermined his credibility. Repeated referrals to police for alleged false declarations in nominations, amid ongoing bankruptcies, further fueled perceptions of ineligibility and unreliability.

Personal life

Family and residences

Culleton married Ioanna Georgiou, and the couple has three children. Culleton and his family resided on a 2500-acre sheep and cereal farm near Williams, , which they acquired to raise their children and instill values through farm chores. The property, located approximately 161 km south-southeast of Perth, served as their primary home for nearly two decades. In 2013, the farm entered receivership and was foreclosed by Permanent Custodians (a subsidiary of ANZ Bank) over an approximately $4 million debt, resulting in the family's eviction. Culleton has since pursued ongoing legal and public campaigns to reclaim the property, including standoffs with authorities as recently as 2023, framing it as a broader issue of banking practices against farmers. No public records indicate a change in primary residence following the foreclosure, with Culleton remaining associated with the Williams area.

Health and ongoing litigation

In January 2017, Culleton was hospitalized following a physical altercation outside a Perth court during an attempt to serve him papers, sustaining minor injuries after falling but was discharged the same day. No subsequent public reports detail chronic or ongoing conditions affecting his activities. Culleton's legal challenges have persisted into 2025, primarily centered on electoral eligibility and disclosures. On April 11, 2025, the Australian Electoral Commission referred him to the Australian Federal Police for allegedly failing to disclose his undischarged status in his nomination for the election, marking the third such referral for similar nondisclosure issues. This investigation, probing potential fraud under electoral laws, remained unresolved as of mid-2025, amid his independent candidacy under the name "Cullerton" on the ballot. Parallel to these proceedings, Culleton has engaged in advocacy involving disputes, assisting dispossessed landowners in to challenge bank foreclosures and receiverships through legal arguments questioning validity and enforcement processes. These efforts, often framed in terms of alleged systemic fraud in land registries, align with his broader constitutional critiques but have faced judicial skepticism in prior cases, where courts upheld standard and laws over unconventional citizen-style claims. No convictions from these specific 2025 title-related actions were reported by October.

References

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