Two separate Supreme Court cases challenge Victorian ALP intervention 2020: the Victorian MP Marlene Kairouz and a group of trade unions; plus the effects of the cases on federal preselections and possibly on faction futures.
Marlene Kairouz’ case arose from the audit of the Victorian ALP membership Steve Bracks an Jenny Macklin arising from media allegations 60 Minutes June 2021 of a widespread branch stacking operation led by then-Labor MP Adem Somyurek. Marlene Kairouz denied the allegations and challenged whether it was within the party rules to have someone referred to a tribunal.
On 1 February 2021 the Mayor of Banyule, Rick Garotti, was also referred to the ALP’s disputes tribunal over the branch stacking allegations, however Garotti resigned from the ALP so his case did not go to the Supreme Court. His was later bought as a witness at the Ibac enquiry October 2021
The union case arise out of the federal ALP suspension of suspension on Victorian ALP members right to vote in federal and state preselections following revelations of branch stacking by Adem Somyurek and his faction.
Challenging Anthony Albanese and Daniel Andrews, a group of unions including the Construction, Forestry, Mining and Energy Union (CFMEU), Australian Workers Union, United Firefighters Union and Health Workers Union is seeking an immediate halt to the current preselection process for federal seats.This matter has been fought vigorously given the preselections for the newly created safe Labor seat of Hawke.
Victorian CFMEU secretary John Setka claims: “This explains the real reason the intervention happened, so a few people who didn’t have any real power or support could run things their own way from behind closed doors.” This fight between Albanese and Setka has a history.
On 19 Oct 2021, Supreme Justice Tim Ginnane struck down these two legal challenges, finding that the ALP national executive committee did have the power to rubber-stamp preselections in 21 safe federal seats and the newly-created seat of Hawke. He said that both Marlene Kairouz and the union leaders had failed to establish their claims. He also said that the court could not investigate some of the claims because they were “internal disputes within a political party” and even if he had, they would not have succeeded. (Read transcript of judgement.)
Unions and figures aligned with former leader Bill Shorten are considering an appeal against this Supreme Court decision to throw out challenges to the federal intervention into the Victorian branch. Labor dissidents mull appeal after court supports branch takeover. This will not help the ALP in the 2022 federal election.
Read the following articles on challenging the Victorian ALP intervention [may be behind a paywall].
Supreme Court of Victoria judgment in the matters of Secretary of Health Workers Union v Anthony Albanese Ors and Marlene Kairouz v Steve Bracks Ors – updated 20 Oct 2021
Two reasons why progressives need to temper hopes of victory, if not shelve them – by Guy Rundle, Crikey, 7 Dec 2021
Labor dissidents mull appeal after court supports branch takeover – Paul Sakkal, The Age, 19 Oct 2021
Supreme Court dismisses challenges by unions, MP, in the wake of ALP branch stacking scandal – by Richard Willingham, ABC News, 19 Oct 2021
How many members preselection ballots there been since 1993 for VIC ALP? – by Open Labor, 7 Aug 2021
Labor preselections can proceed after judge lifts injunction – by Simone Fox Koob & Adam Cooper, The Age, 9 June 2021
Albanese rebuffed: Supreme Court judge blocks Labor preselections amid infighting – by Michael Fowler and Paul Sakkal, The Age, 7 May 2021
Powerful unions mount legal challenge to federal Labor’s takeover of Victorian party – by Richard Willingham, ABC News, 6 May 2021
Vic unions prepare court case over Labor preselections – by Aaron Patrick & Phillip Coorey, Australian Financial Review, 30 April 2021
Judge grants Labor MP a delay before branch stacking hearing – by Adam Cooper, The Age, 19 March 2021
Labor MP Marlene Kairouz suing ALP over branch-stacking allegations – by Richard Willingham, ABC News, 9 Feb 2021
The Labor hunting season turns nastier – by Guy Rundle, Crikey, 1 July 2021
Easy lies & influence – the face of corruption in Australia – by Fiona McLeod, Pearls & Irritations, 23 Aug 2021
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