Bid to expel John Setka from ALP set to face another legal hurdle

Despite the Supreme Court rejecting rogue union boss John Setka’s bid to stop the Labor Party from terminating his membership, Labor leader Anthony Albanese is determined to expel him.

John Setka had a partial win on Tuesday. Picture: AAP

Labor leader Anthony Albanese remains determined to rip up rogue construction union boss John Setka’s party membership despite a new legal hurdle to his expulsion.

Supreme Court Justice Peter Riordan on Tuesday rejected the CFMEU leader’s bid to prevent Labor’s national executive voting to terminate his membership, saying it was not within the court’s jurisdiction to interfere in party processes.

Federal Opposition Leader Anthony Albanese. Picture: AAP

But he found the executive could not expel a member if the move was not within the “limitations and preconditions” set out in the rules of the party’s state branch.

Mr Albanese said he had “the full support of the Labor Party” to push on with expelling Mr Setka, adding that the national executive would “meet at an appropriate time” to deal with it, despite the court judgment opening the door to further legal action.

“It’s a pretty simple principle that says that a political party has a right to determine who its members are,” Mr Albanese said.

“I do so not because of any tactics, not because of any strategy that has been suggested … I do it not because it’s easy; I do it because it’s the right thing to do on behalf of the Australian Labor Party.”

He said Mr Setka had been convicted of family violence offences that “most Australians would find shocking”, and that meant his position in the party was “untenable”.

Mr Albanese also questioned whether Mr Setka had used the dues of CFMEU members to pay for his legal challenge to the expulsion, saying it would be “inappropriate” if so.

In his decision, Justice Riordan said the “question of the legitimacy or otherwise of the motion to expel the plaintiff from the Australian Labor Party is not within the court’s jurisdiction”.

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“The court does not interfere with internal decisions of voluntary unincorporated associations unless it is protecting or enforcing a contractual or other right recognised in law or equity,” he said. “The plaintiff has not established any such underlying right.”

Justice Riordan said that “in case I am wrong”, the power of Labor’s national executive was subject to compliance with state rules.

Mr Albanese moved to rip up Mr Setka’s Labor membership after reports of comments he allegedly made about family violence campaigner Rosie Batty.

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