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Ex-Labor senator joins Bob Day case

AAP logoAAP 12/12/2016 Roje Adaimy

Lawyers for former Labor senator Anne McEwen are chasing a swag of documents they hope to use in the challenge against the election of retired Family First senator Bob Day.

Ms McEwen lost her South Australian Senate seat in July and is a party to the case before the High Court.

Mr Day's eligibility is being challenged on the grounds he received an indirect benefit from the government in relation to his Adelaide electorate office.

If he is disqualified, it could open the door for Ms McEwen to return to parliament.

Two court days have been set aside, on January 23 and 24, for the presentation of "top-up facts" before the matter is heard before the full bench in early February.

Justice Michelle Gordon is set to hear evidence from up to three witnesses - something not usually seen in the High Court.

Jeremy Kirk SC, appearing on behalf of Ms McEwen, on Monday sought subpoenas for documents from Mr Day, National Australia Bank and others, to help support allegations that are believed to go beyond those raised by Attorney-General George Brandis.

Mr Day's legal team accused them of fishing and trying to "play catch-up" in substantiating their claims.

The federal government has agreed to cover Mr Day's legal costs, the court was also told.

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