Internal Labor Party feud likely headed to the High Court

The long-running court battle to end a federal takeover of Victorian Labor has again been dismissed. The internal party feud is likely to now be seen in the High Court.

Labor preselections in Victoria could face fresh legal challenges after the Court of Appeal found the party matters could be fought in the courts.

A long-running court battle to end a federal takeover of Victorian Labor has again been dismissed, with the internal party feud likely headed to the High Court.

But in a move set to reignite factional tensions, party figures who launched the court case are claiming a win after the Court of Appeal shifted the current understanding to spell out that preselection matters can be legally challenged.

This was different to the ruling of Supreme Court Justice Tim Ginnane late last year.

They found preselections came under their jurisdiction because of changes to how political parties have been funded, with taxpayer funds now used to support election efforts.

The change could pave the way for dumped MPs and other aggrieved Labor figures to launch fresh legal challenges and test the power of the party’s national executive in the court.

An ongoing Liberal preselection stoush in New South Wales could also be affected by the ruling.

So far, the courts have ruled that the ALP’s federal takeover over the Victorian branch,which began after allegations of industrial-scale branch stacking, has been legal and within the party’s constitution.

Under the takeover, voting rights for unions and members have been suspended and preselections for the federal and state election have been decided by the party’s powerful national executive.

A group of Labor affiliated unions have been fighting to end the intervention and have argued it was illegal.

The case was first heard by Justice Tim Ginnane, who found the intervention was within the ALP’s rules and that preselection matters did not come under the power of the courts.

On Friday, the Court of Appeal dismissed a push to have this ruling overturned and found again that the rules were within the constitution of the party.

But they acknowledged preselection disputes could be heard

Labor figures on both sides have indicated they will take the case all the way to the High Court if necessary, with a fresh challenge likely.

The national executive oversaw Labor’s state preselections in which seven current MPs were either disendorsed or demoted to unlikely positions on upper house tickets.

The body also has control over the ticket for Labor’s Senate nominations, which are yet to be finalised despite an election being expected by May.

During the shake up, the Shop, Distributive and Allied Employees’ Association gained control of multiple seats largely at the expense of the Moderates faction, previously led by Adem Somyurek.