Supreme Court dismisses challenge to Jane Garrett’s upper house preselection

A LEGAL challenge over the preselection of former emergency services minister Jane Garrett for an upper house seat has been dismissed by the Supreme Court.

Former Victorian Emergency Services Minister Jane Garrett. Picture: David Caird

A LEGAL challenge over the preselection of former emergency services minister Jane Garrett for an upper house seat has been dismissed by the Supreme Court.

Justice Maree Kennedy this morning dismissed proceedings brought by United Firefighters Union member Geoff Barker.

Mr Barker launched court action against the ALP over its process to decide Eastern Victoria region candidates that led to Ms Garrett being preselected at the top of the ticket.

VIC UNION BOSSES TURN ON UFU IN SUPPORT OF GARRETT

UFU MEMBER COURT ACTION AGAINST PRESELECTION

UFU SUSPENDS TRADES HALL MEMBERSHIP

He sought injunctions and hoped to set aside Ms Garrett’s preselection and force a further preselection process.

The matter was listed urgently ahead of next month’s state election which requires nominations for each Legislative Council region to be submitted by November 8.

In a one-day trial last week ALP figures were called to testify about a September 3 meeting of the party’s administrative committee that led to the preselection.

Mr Barker argued a resolution to set a short period for nominations denied him an opportunity to nominate for the position.

He also argued that while the minutes of the meeting recorded that the resolution was unanimous, it was in fact not supported by a required 75 per cent majority.

Dismissing the case Justice Kennedy found “it was unnecessary for there to be a 75 per cent resolution in favour of the re-opening of nominations.”

During the trial Mr Barker’s legal team accused all but one ALP witness of deliberately misleading the court.

ALP state president Hutch Hussein, Socialist Left secretary Mathew Hilakari, State Secretary Samuel Rae, assistant state secretary Kosmos Samaras, party official Chris Jones, and party member Katherine Cozens were all called to testify.

Each were asked about their recollection of the conduct of the vote.

They each testified that a motion was put, a vote was held, but there was no formal count or show of hands.

Justice Kennedy said she was unable to make any adverse findings about the evidence of the witnesses.

“Each of those witnesses presented as straightforward, genuine witnesses. Mr Rae, in particular, presented as considered and responsive, evincing a willingness to provide information when he was able to do so,” she said.

Mr Barker has been ordered to pay the ALP’s costs of defending the challenge.

Premier Daniel Andrews said he was pleased the court challenge to Ms Garrett’s preselection had been dismissed.

“Jane’s going to be a fantastic member of the upper house and continue the important work she did as the member for Brunswick,” he said.

“I wish her well.”

[e-mail]