Labor will this morning attempt to refer Home Affairs Minister Peter Dutton to the High Court, regarding his eligibility as a Member of Parliament.

Doubts were raised under Section 44, due to the member being a beneficiary of a childcare centre run by Mr Dutton’s wife.

Shadow Attorney-General Mark Dreyfus said Australia’s immigration system could be thrown into chaos if Mr Dutton is found  ineligible, as Dutton's decisions as Minister could face legal challenges. 

Labor’s 69 votes would need five independents and one Coalition member willing to abstain or vote against the Government.

Today will be the first day of Parliament sitting since the leadership spill on the 24th of August.