Libs shelve plans for legal action over nomination snafu

The NSW Liberal Party will not proceed with legal action against the state Electoral Commission over the party’s local government election nomination fiasco.

The NSW Liberal Party will not proceed with legal action against the state’s Electoral Commission over the party’s local government election nomination fiasco.

In an official statement released tonight, the party declared the decision followed consideration of the legal advice.

“The NSW Liberal Party received advice from Senior Counsel in relation to the irregularities in the process for nomination of local government candidates conducted by the NSW Electoral Commission,” the statement said.

“Having given consideration to that advice the Division will not be taking any legal proceedings.”

The NSW Liberals will not go ahead with legal action over its local election nomination fiasco. Picture: Darren Leigh Roberts

It can be revealed interim party state director Wilson Chessell tonight has sent an email to the state executive, declaring the “uncertainty of the outcome”, the “possible cost” to the division and the “possible effect” on the campaigns of the nearly 300 Liberal candidates that have been nominated for the local government elections and are campaigning hard for victory had made such a move “inadvisable”.

“As you will recall, the State President wrote to you last week that the Party would explore all options to rectify the issues regarding nominations for the local government elections on 14 September 2024,” he said.

“As you may be aware, following multiple correspondences the Electoral Commission declined to rectify its own error.

Subsequently, we sought urgent legal advice from Dr James Renwick SC and Brendan Lim. This advice was received this afternoon. After considering that advice, I have concluded that it would be inadvisable for the Party to commence proceedings in the Supreme Court of New South Wales.”

In a bizarre email to state executive member, party president Don Harwin defended his decision to seek legal advice while taking a swipe at the NSW Electoral Commission.

There have been calls for NSW State Liberal Party President Don Harwin to step down. Picture: Matrix

Mr Harwin, who is facing calls to stand aside over the bungle, said the advice was sought after the Commission “declined to rectify its own error”.

The party previously indicated it was taking action in relation to the commission providing five days of official notice before the close of nominations, instead of the necessary seven.

“As you may be aware, following multiple correspondences the Electoral Commission declined to rectify its own error,” he wrote.

“Subsequently, we sought urgent legal advice from Dr James Renwick SC and Brendan Lim. This advice was received this afternoon.

“After considering that advice, the Interim Acting State Director concluded that ti would be inadvisable for the Party to commence proceedings in the Supreme Court of New South Wales.”

Noting how gormer Federal Director, Brian Loughnane AO, has been commissioned to conduct a review into the scandal, Mr Harein somewhat bizarrely urged members to “all rally behind our federal and local government candidates” and in particular new candidates, Monica Tudehope and James Wallace, in the Epping and Hornsby by-elections.