But in an interview with the Telegraph yesterday, he made it clear that he won't declare himself the winner of McEwen, one of Australia's most marginal seats, until he gets the all-clear from the Australian Electoral Commission.

"It's looking good, but it's not over. I'm feeling a lot better than I was before the last election in 2007," said Mr Mitchell, who lost to Liberals' Fran Bailey at the 2007 election.

"When the divisional returning officer calls me and says we're having a declaration of the poll then we'll know."

By the time the paper went to press, the AEC data showed Mr Mitchell received a 5.62per cent swing in his favour on a two-party-preferred basis, and had 47,023 votes.

Liberal candidate and Kinglake policeman Cameron Caine recorded 37,547 votes.

Mr Mitchell is ahead of Mr Caine in Woodend, Gisborne, New Gisborne, Lancefield, Romsey, Riddells Creek, Darraweit Guim and Gisborne South. Mr Mitchell recorded 14 more votes than Mr Caine in Newham.

Many areas in the McEwen electorate were ravaged by the Black Saturday bushfires and Mr Caine polled best in booths in high bushfire areas, including Marysville and Arthurs Creek.

In 2007, Ms Bailey, now retiring, had raised allegations of vote rigging when Mr Mitchell was first declared the winner. After several recounts, Ms Bailey was declared the winner by 31 votes.

Mr Mitchell said he was hoping to hit the ground running and deliver on his party's promises if he was declared the winner.

"Last time we were playing catch-up. We've had some good results in the Macedon Ranges, which is important," he said.

"There is a lot of things that I need to get into place if I get elected and I'll start putting those into place today. I want to follow up on our promises and chase them through."

But Mr Caine was not admitting defeat. "Once I hit the southern booths I was a bit concerned.

"I knew it was going to be tight, but physically and mentally I know I couldn't have done anything more.

"We're not conceding; we're waiting for the final count."