Twist in court battle for Labor Party control

The battle for control of Victorian Labor is still raging amid fresh court action – but there’s a twist in the “snatch and grab” power jostling.

Victorian Labor will once again be taken to court by a group of affiliated unions, but a group of key backers have pulled out of the legal process.

The party was earlier this year locked in a bitter court battle because it wanted to push through preselections of election candidates while grassroots members were without voting rights.

A takeover of the Victorian branch, triggered by serious branch stacking allegations and an IBAC investigation, had left control in the hands of the Australian Labor Party national executive.

The national body then sought to preselect former secretary Sam Rae for the seat of Hawke, sparking a factional fallout that led to a group of unions challenging the national executive’s powers.

The matter was heard alongside a similar case brought by former minister Marlene Kairouz, who was seeking to avoid being kicked out of Labor.

After months of deliberations, Justice Tim Ginnane ruled against Ms Kairouz and the unions and found that the ALP was within its rights to take control of the Victorian branch.

But the legal battle is not over, with Health Workers Union boss Diana Asmar now expected to lodge an appeal to the trade unions’ case without the support of some key backers.

The Herald Sun can reveal that members of the influential Industrial Left (IL) have not signed on to the appeal despite being part of the original case.

This includes the CFMEU, Rail Tram and Bus Union, Maritime Union of Australia and the Health and Community Services Union.

RTBU state secretary Luba Grigorovitch said the IL was never part of the appeal.

“We participated in the initial court case to pursue the democratic rights of the party membership, we accept the outcome of the court case and are now focusing on winning the upcoming federal election,” she said.

A Labor right source said: “With the IL unions pulling out, the spotlight will now be shone on a handful of these unions”.

“It’s a group of wreckers attempting to terrorise the party on the eve of two elections.”

But another factional figure linked to the case said the state election was still a year away and the appeal could be resolved much quicker than the original court battle.

“These are the consequences of a snatch and grab,” he said.

It comes amid factional jostling across Victorian Labor as the party decides on who will run for the November 2022 state election.

Premier Daniel Andrews has set a deadline of December 10 for the preselection process to be completed, with five Labor MPs announcing their retirement so far.

Broadmeadows MP Frank McGuire is facing internal pressure to vacate his safe seat as the party’s right-aligned factions seek to install more female candidates.