John Setka launches court bid to block Labor Party expulsion

Anthony Albanese has vowed to expel John Setka from Labor despite the construction union boss suing to stop the process.

CFMEU Secretary John Setka is looking to challenge his expulsion from the Labor Party. Picture: AAP

Anthony Albanese has vowed to expel John Setka from the Labor Party despite the construction union boss launching a Supreme Court challenge to stop the process.

The Opposition Leader has claimed Mr Setka’s conduct was bringing the ALP into disrepute and he needed to be expelled to end the reputational damage.

The national executive was ­expected to decide Mr Setka’s ­future in the party today but granted him a 10-day extension to make his case, following his conviction on charges of harassing his wife, Emma Walters.

After news of the legal challenge broke yesterday, Mr Albanese stood firm on his commitment to expel Mr Setka.

“He won’t be advocating as a member of the Labor Party after July 15,” Mr Albanese said.

Mr Setka is seeking an injunction in the Victorian Supreme Court prohibiting the executive from taking any further steps to expel him from the party. His legal action targets Mr Albanese, ALP national secretary Noah Carroll and members of the ALP national executive.

Mr Albanese wrote to Mr Carroll last month declaring Mr Setka’s conduct was unacceptable.

He referred to Mr Setka’s conduct over the past few years, citing several expletive-laden outbursts and public attacks by the unionist and his adverse media coverage.

“Our party cannot condone intimidation, consistent denigration of others in the party or the community,” Mr Albanese said.

John Setka and his wife, Emma Walters. Picture: Mark Stewart

In his affidavit, Mr Setka said expulsion for such reasons would seriously affect his own reputation.

“As I understand it, he is alleging that the way I conduct myself is so reprehensible that it is necessary for the national executive to take the extraordinary step of ­expelling me,” Mr Setka said. “I strongly disagree with his allegations.”

Mr Setka also said his expulsion would significantly affect him in performing his duties at the CFMEU and he might lose his position as Victorian secretary if he no longer could attend ALP conferences as a union delegate.

“Losing the position of secretary would have a devastating impact on me, as I have dedicated my life to the union movement,” he said.

“It would also affect me financially, because being the secretary is my sole source of income. Losing that source of income would then affect my family, who depend on my financially.”

Mr Setka last week pleaded guilty to harassing a woman using a carriage service and breaching a court order. His wife, Ms Walters, outed herself as the victim and said she had accepted Mr Setka’s apology for his actions.

“Persecuting John for our marriage breakdown after years of ­intense pressure does no one any good,” she said outside court.

“It really doesn’t. He should be just left to go about his job and represent his members. They’ve elected him in — let him do his job.”

Magistrate Belinda Wallington placed him on a good behaviour bond, ordered him to participate in a behavioural change program as well as paying $1000 to an Aboriginal family violence organisation.  Following the court hearing, Mr Albanese said Mr Setka would be able to make his case to the members of the national executive.

Mr Carroll and the Victorian CFMEU did not respond to ­requests for comment.