Retired Army officer Jim Molan has been declared a senator for New South Wales, replacing former Nationals deputy leader Fiona Nash, who was forced out of Parliament because of her dual citizenship.
The former Major General and Iraq war veteran, who helped develop the Coalition's border protection policy, including boat turn backs, was the winner of a special count of votes held last month.
But a protracted hearing in the High Court prevented him from taking up his seat for the Liberals.
The sticking point was whether Mr Molan should receive a six, or three-year term in Parliament.
At a directions hearing in Sydney, Commonwealth solicitor-general Stephen Donaghue QC said it was "in the public interest that Mr Molan be able to take his seat" before Parliament resumes in February.
Mr Donaghue said there was no dispute about the outcome of the special count of votes.
Geoffrey Kennett SC, an independent barrister appointed to assist the court, said the question of the length of terms should be "resolved rather than disappearing".
More to come.