Federal election: Battle lines drawn to defy Scott Morrison’s intervention

NSW Liberal officials have engaged an ICAC barrister to defend them against the possibility of a federal intervention by Scott Morrison to install preferred candidates into battleground seats.

Jemima Gleeson.

NSW Liberal officials have engaged ICAC barrister Scott Robertson to defend them against the possibility of a federal intervention by Scott Morrison to install preferred candidates into a swath of crucial battleground electorates.

The Australian has learned that Mr Robertson was consulted and is likely to be retained in any court proceedings after legal advice warned that the Prime Minister’s threat to override the preselection process was potentially unlawful.

Mr Robertson acted as counsel assisting for the Independent Commission Against Corruption during its recent investigation of former NSW premier Gladys Bere­jiklian, who is now being courted by Mr Morrison and others to stand for the Sydney seat of Warringah.

The legal advice provided to Liberal officials by Pryor Tzannes & Wallis Solicitors says Mr Morrison would lack the appropriate authority to order an intervention of the kind he threatened a fortnight ago, according to an official briefed on the matter.

“There’s steps you need to take for a federal intervention,” the ­official said. “The advice is he hasn’t got a trigger, and if they were to (proceed with intervention), we would certainly ­engage (a court process).”

Mr Morrison issued his threat on the grounds that ongoing disputes were stifling the choice of candidates in key electorates, namely those where his preferred options were encountering resistance from state powerbrokers.

The Liberal Party is without confirmed candidates in Hughes, Gilmore, Bennelong, Dobell, Macquarie, Parramatta, Greenway and Eden-Monaro.

In Dobell on the NSW central coast, Mr Morrison is backing ­pentecostal preacher Jemima Gleeson in what multiple state ­officials described as a “captain’s pick” that continues to deadlock the negotiations.

Ms Gleeson, a “worship leader” with the Hope Unlimited Church, is Mr Morrison’s preference over cardiologist Michael Feneley, who has the backing of moderate and conservative leaders.

A federal source said Mr Morrison was not seeking a “captain’s pick” in Dobell, and the Prime Minister had never spoken to Ms Gleeson.

“The government’s only interest in candidate selection is finding good people who appeal to their communities and can win seats,” the source said.

The Australian understands Ms Gleeson was given a special exemption by NSW Liberal state executive members to stand as a candidate due to her lack of recent involvement with the party.

Similar tussles exist in other seats such as Hughes, in Sydney’s south, where Mr Morrison’s preferred candidate, NSW MP Mel­anie Gibbons, faces moderate-backed Jenny Ware and the conservatives-backed Wade McInerney.

NSW conservative officials insist Mr McInerney be endorsed in Hughes and that a third Senate spot, held by Concetta Fierravanti-Wells, be handed over as well.

“They’re non-negotiables,” one official said. Another said: “Maybe we’ll concede Dobell (to the Prime Minister) but not Hughes or Warringah or Bennelong.”

Some negotiations appear to have advanced, according to those who are party to the discussions. Conservative and moderate forces in the NSW camp have agreed to oppose preselection challenges against incumbent MPs.

The next meeting of the NSW Liberal state executive on December 17 is one of the last opportunities to resolve the party discord before the new year.