The current situation, such as it is, is really easily solved in the following way.
Once all seats have been declared, the parliament should be recalled with Gillard as PM.
Then test the numbers on the floor of the house. Should Gillard have the support of the House, the ALP forms a government. Should Abbott have the support of the House, the Lib/Coalition forms a government.
The above will force the hand of all the Independents including Wilkie, the Green and the WA National.
It is all pretty simple really. The only thing lacking atm is the will to proceed as above however, in fairness, the counting continues and a declared result may still be a week or so away in any event.
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