Labor shelves plans to expel John Setka

Anthony Albanese and the ALP National Executive shelve plans to expel John Setka from Labor.

CFMEU Secretary John Setka leaves the Melbourne Magistrate court with his wife Emma Walters. Wednesday, June 26. 2019. Picture: David Crosling

Anthony Albanese and the ­­­­­nat­ional executive of the ALP have been forced to shelve their plans to oust union boss John Setka from the Labor Party after a judge threatened to slap them with a court injunction.

The backdown, announced to the Victorian ­Supreme Court by ALP lawyers late yesterday, means Mr Setka’s party membership cannot be revoked until judge Peter Riordan delivers a judgment on whether the federal Opposition Leader’s motion to expel him is lawful.

Pressed on when he would ­return a decision, Justice Riordan said he didn’t see any great ­urgency and needed to give careful consideration to a complex case. “I’m not sure about the ­urgency from your point of view,’’ he told the ALP’s legal team.

“We are a long way off from a federal election.

“My view is this is a matter that could well go to the High Court.”

The judge’s remarks and undertaking by the ALP means Mr Albanese’s decision three weeks ago to move against the Construction Forestry Maritime Mining and Energy Union’s Victorian state secretary has sunk into a legal and administrative morass.

Justice Riordan said the case would certainly not be resolved before Monday, when the ALP national executive was planning to decide Mr Setka’s fate.

The backdown came amid a flurry of phone calls between ­senior ALP figures and lawyers after Justice Riordan indicated Mr Setka was well placed to seek an injunction.

Mr Albanese moved against Mr Setka within four weeks of being confirmed as Labor’s new national leader.

In a June 21 letter to ALP ­nat­ional secretary Noah Carroll, Mr Albanese cited the harm inflicted on the party by the “cumulative effect” and adverse media coverage of Mr Setka’s conduct. “Our party cannot continue to be associated with a person who is the constant subject of this kind of adverse media attention,’’ he wrote.

What appeared as decisive ­action is shaping as a costly overreach, with Justice Riordan weighing competing claims about whether the national executive is within its rights to boot out Mr Setka as it sees fit, or whether any expulsion must be done in ­accordance with state rules.

In their submissions to the court, counsel for the ALP and Mr Setka agreed there was one previous instance of the national executive expelling a member, in 2007 when then prime minister Kevin Rudd led a push to oust CFMEU West Australian assistant secretary Joe McDonald.

Much of the legal argument turned on the meaning of a clause in the ALP constitution that auth­orises the national executive to “exercise all powers of the party on its behalf without limitation.’’ Justice Riordan indicated the clause should be plainly understood as written.

Mr Setka last month pleaded guilty to harassing his wife, Emma Walters, and breaching court orders by bombarding her with abusive text messages. He was placed on a good behaviour bond and ordered to undergo a behavioural change program.

Mr Carroll, in an affidavit tendered to the court, said the push to expel Mr Setka was a political ­decision. He attached as exhibits dozens of negative press reports chronicling the Setka saga.