Scott Morrison wants Lib case in High Court

Scott Morrison and senior Liberals have applied to the High Court in a bid to urgently resolve the ­impasse over the preselection for winnable seats.

The High Court in Canberra. Picture: Newswire / Gary Ramage

Scott Morrison and senior Liberals have applied to the High Court in a bid to urgently resolve the ­impasse over the preselection for winnable seats just weeks out from the federal election.

With the proceedings scheduled for the NSW Supreme Court on Thursday, legal representatives for the Prime Minister – listed as the case’s first defendant – made an application late on Tuesday night, as Josh Frydenberg ­delivered his budget address.

The impending case hinges on the March 4 decision by the Liberal federal executive to temporarily dissolve the party’s NSW division, installing a committee to endorse Immigration Minister Alex Hawke, Environment Minister Sussan Ley and North Sydney MP Trent Zimmernman.

The committee is comprised of Mr Morrison, NSW Premier ­Dominic Perrottet and former federal Liberal president Christine McDiven. The trio were reappointed on Sunday morning to parachute candidates into several seats across NSW.

In court documents obtained by The Australian, legal representatives for Mr Morrison and the other seven defendants said the NSW Court of Appeal had been unable to hear the matter on an expedited basis.

“The validity of political parties’ endorsements of candidates is a matter of high public importance in the context (which is notorious) of a looming federal election,” the correspondence said.

“Conversely, if the Court were to refuse the application, there is a significant prospect that the unsuccessful party or parties below will seek special leave to appeal to this Court on an expedited basis.”

Factional infighting has paralysed the NSW Liberal Party, leaving a clutch of winnable seats without candidates just weeks out from the federal election.

With the spectre of serious questions about how an unfavourable decision will affect the ability for candidates to contest the looming federal election. It remains uncertain whether the High Court will grant the request.

Brought by state executive representative Matt Camenzuli, the challenge will argue that the ­appointed committee has no legal recourse to appoint or endorse candidates, despite the Liberal federal executive’s decision to temporarily dissolve the NSW division on March 4.

“The words at the foot of cl 12.3(b) of the federal constitution make clear that neither the federal executive nor an administrator or committee appointed by them shall have the power to amend a divisional constitution,” written submissions read.

“It follows that those resolutions were not effective to endorse any person as the Liberal candidate.”

Mr Morrison has been named as the first of eight defendants in the case. Because the Liberal Party is an unincorporated association, Mr Camenzuli is suing the committee members.

In court documents, legal representatives for Mr Morrison, Mr Perrottet and Ms McDiven assert the committee has the authority to select and endorse candidates “It is likely to be impracticable for the … selection and endorsement of candidates under the NSW constitution to occur prior to any federal election,” they said.

On Monday, NSW Transport Minister David Elliott surprised the party by deciding against nominating for the federal seat of Parramatta. Less than 24 hours after reports emerged he was considering a tilt, he reportedly told colleagues he did not want to commute to Canberra, given his wife’s battle with breast cancer.