Federal election: Supreme Court hands down judgment on NSW Liberal Party

A court has ruled on a significant matter within the Liberal Party’s NSW division that has implications for the federal election.

Scott Morrison’s bid to take over the executive of the NSW Liberal Party amid a deadlock over the pre-selection of candidates just months out from the federal election has suffered a setback.

In a major development late Friday afternoon, the Sydney Supreme Court found the Liberal Party’s trouble-plagued NSW executive could continue to hold office beyond next week.

Infighting within the NSW division has stalled candidate selection in nine important NSW seats just months out from the nation heading to the polls.

The judgment handed down by Justice Julie Kathryn Ward, the Chief Judge in Equity, makes an attempt at federal intervention less straightforward.

An urgent hearing took place on Thursday to decide whether the term of elected members on the state executive – which is responsible for running preselections in NSW federal seats – expired this Monday.

Legal advice from Liberal Party counsel Robert Newlinds SC had been circulated to members last week stating that this was the case due to a failure to hold an annual general meeting.

The party’s constitution stipulates that a meeting must be held ever odd year, within three months of November 30.

However, due to Covid and by-elections, the deadline of February 28 hadn’t been met.

Matthew Camenzuli, part of the hard right faction of the NSW division’s executive committee, launched a legal challenge against Mr Newlinds’ interpretation of the constitution.

His barrister argued that officials would continue to hold office until the next AGM – scheduled for March 27 – took place.

Mr Camenzuli was ultimately successful with Justice Ward deciding that: “No member of the state executive ceases to hold office as such by reason only of that circumstance”.

Following the decision, NSW president Philip Ruddock sent an email to members ahead of a scheduled meeting on Friday night saying: “The state executive can continue to operate on behalf of our members and collaboratively prepare to campaign for the re-election of the Morrison government”.

It comes after the federal executive – which can take over management of the NSW division in certain circumstances – passed a resolution last week putting pressure on the state executive to endorse three sitting MPs as candidates.

It had been asked to extend the state executive’s term beyond the February 28 deadline.

Prime Minister Scott Morrison still doesn’t have candidates selected in nine important NSW seats, including Immigration Minister Alex Hawke.

The federal executive’s resolution said that the circumstance of current office bearers ceasing to hold office in addition to the failure to endorse three sitting MPs as candidates: “substantially prejudice(s) the ability of the party to effectively contest or win government at the forthcoming election and to win seats within the NSW division at that election”.

It requested that the division rectify this by endorsing Environment Minister Sussan Ley, Mr Morrison’s ally Immigration Minister Alex Hawke and North Sydney MP Trent Zimmerman by Monday.

Earlier this month Mr Morrison slammed “childish games” being played in the NSW division.

“Those playing games … need to ensure they focus on winning this election … and forget this factional rubbish,” Mr Morrison told 2GB.

“I think it’s very important for all Liberals out there, particularly NSW, to ensure we’re all very focused on the job we have.

“People who play games in politics can often forget what it is all about.”

The Liberal Party is also yet to select candidates in six important NSW seats ahead of the election due to the infighting: Eden Monaro, Dobell, Warringah, Parramatta, Hughes and Bennelong.

Originally published as Federal election: Supreme Court hands down judgment on NSW Liberal Party