Kerryn Phelps delivers her victory speech. AAP Image/Chris Pavlich.

After a dramatic byelection in Wentworth on the weekend, independent Kerryn Phelps finally looks on track to wrestle Malcolm Turnbull’s old seat from the Liberal Party. But Phelps’ path to Canberra faces another hurdle beyond her opponent Dave Sharma's late surge in postal votes.

As with many MPs over the last year, there are questions over Phelps' eligibility for Parliament under section 44 of the Constitution. Specifically, because of her work as a general practitioner, and position on the City of Sydney Council, Phelps may hold an "office of profit" under the Crown, rendering her ineligible.