| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2021 01465
| DIANA ASMAR in her capacity as Secretary of the Health Workers Union and others according to the schedule | Plaintiffs |
| v | |
| THE HONOURABLE ANTHONY ALBANESE and the persons whose names are set out in the schedule (in their capacity as the National Executive of the Australian Labor Party, and the Interim Governance Committee of the Victorian Branch of the Australian Labor Party respectively) | Defendants |
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JUDGE: | Ginnane J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 7 May 2021 |
DATE OF JUDGMENT: | 7 May 2021 (Revised) |
CASE MAY BE CITED AS: | Asmar v Albanese |
MEDIUM NEUTRAL CITATION: | [2021] VSC 263 |
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ASSOCIATIONS – Australian Labor Party – National Executive – Federal intervention in Victorian Branch – Resolution concerning pre-selection of candidates for Victorian electorates in the Australian Parliament – Challenge to National Executive’s resolution by unions affiliated with ALP - Whether National Executive had power to conduct pre-selections – Whether improper purpose or exercise of power unreasonably -– Whether issues justiciable – Interlocutory injunction granted
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APPEARANCES: | Counsel | Solicitors |
For the Plaintiffs | Mr R Merkel QC with Mr E Nekvapil | Robinson Gill |
| For the 1st-3rd, 5th-9th, 11th, 14th-21st and the 23rd Defendants | Mr P G Willis SC with Mr A D Lang and Mr J Kirkwood | Holding Redlich |
| For the 4th, 10th, 12th-13th and the 22nd Defendants | Dr A T Hoel | Johnson Winter & Slattery |
HIS HONOUR:
The plaintiffs seeks an interlocutory injunction restraining the defendants, who comprise the National Executive of the Australian Labor Party, from acting upon or giving effect to any nominations received in respect of the 22 Federal House of Representative seats in Victoria identified in a National Executive Resolution of 4 May 2021, which was Tuesday this week, from conducting any ballot as foreshadowed in the said National Executive Resolution following those nominations.
The plaintiffs are unions or officers thereof, affiliated with the ALP.
I heard the application yesterday, Thursday afternoon, as an urgent application made before the proceeding was filed. At the end of the hearing in the early evening, I granted such an interlocutory injunction to expire at 4:15 this afternoon primarily to give more time to hear argument and consider issues which, on their face, seemed to have possible substance.
Because I am determining an interlocutory application, it is important to state that the opinions and conclusions that I express in this judgment on all contested issues are not final, but expressed only to decide this interlocutory application. I could only express final opinions and conclusions after hearing evidence and submissions at the trial.
The general endorsement on the plaintiffs’ writ summarises the issues in this way. That the plaintiffs seek a declaration that the resolution of the defendants, made on 4 May 2021, was not authorised by the ALP's National…
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- AGLC
- Asmar v Albanese [2021] VSC 263
- Case
- [2021] VSC 263
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the National Executive had the authority to intervene in the Victorian Branch's pre-selection process. It also had to decide if the National Executive's resolution was for an improper purpose or was an unreasonable exercise of power. Additionally, the court had to consider whether these issues were justiciable, meaning whether they were suitable for judicial review.
The court found that the National Executive did have the power to intervene in the pre-selection process as it was within the scope of their authority as outlined in the ALP's constitution. The court also determined that the resolution was not for an improper purpose and was not an unreasonable exercise of power. Furthermore, the court held that the issues raised by the unions were justiciable and therefore suitable for judicial review. Consequently, the court granted an interlocutory injunction, temporarily preventing the National Executive from proceeding with the pre-selection process as outlined in their resolution.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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