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Vic MP loses court bid, can't be sworn in

AAP logoAAP 20/09/2016 Angus Livingston and Genevieve Gannon

Victoria's newest MP-elect hasn't been paid for two months, can't get an official email address, and is pinning his hopes on Labor having to replace Senator Stephen Conroy.

The Nationals' Luke O'Sullivan was chosen to fill a vacancy in Victoria's upper house but the state government is refusing to hold a joint sitting of both houses to allow him to be sworn in.

"(I'm) frustrated, because I've got a job to do and I want to get on and do my job," Mr O'Sullivan told AAP on Wednesday.

Labor is refusing to allow a joint sitting because Special Minister of State Gavin Jennings was suspended from the upper house for six months after refusing to hand over documents for more than a year.

Mr O'Sullivan lost a Supreme Court bid on Wednesday to force a joint sitting, with Justice John Dixon deciding it was a matter for parliament.

Until Mr O'Sullivan is sworn in he can't get paid, open an office, or get a phone number or an official email address.

But the resignation of Senator Conroy could give him a lifeline - a joint sitting of both houses of Victorian parliament is required to swear in a new senator.

"When (Premier) Daniel Andrews decides that they need to replace one of their own, maybe I can sneak through the back door and also be part of that," Mr O'Sullivan said.

Mr Andrews has refused to say whether he would allow Mr O'Sullivan to be sworn in when Senator Conroy's replacement is sworn in.

Mr O'Sullivan was selected to fill the casual vacancy in the Northern Victoria upper house seat after former Fremantle Dockers coach Damian Drum resigned to take up the federal seat of Murray in July.

When he wasn't sworn in he filed a Victorian Supreme Court bid to force a joint sitting on the grounds it should be held "as soon as is reasonably practicable after the registered political party has nominated the person to fill the vacancy".

But Justice Dixon blocked the move.

"I am satisfied that the conduct of each of the council and the assembly when acting in respect of a casual vacancy in the council invokes the exclusive privileges and powers of the parliament," Justice Dixon said.

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