Court of Appeal
Supreme Court
New South Wales
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Medium Neutral Citation: Camenzuli v Morrison [2022] NSWCA 51 Hearing dates: 1 April 2022 Date of orders: 5 April 2022 Decision date: 05 April 2022 Before: Basten JA; Leeming JA; Payne JA Decision: Dismiss the statement of claim filed on 15 March 2022 in the Equity Division, removed into this Court by order made on 30 March 2022 and remitted by the High Court of Australia on 31 March 2022.
Catchwords: ASSOCIATIONS AND CLUBS – jurisdiction of courts – justiciability – whether party pre-selection process justiciable – application of Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24 – whether statutory provisions create an interest in members allowing Court to enforce procedures under Party Constitution
ASSOCIATIONS AND CLUBS – unincorporated political party – pre-selection dispute – where constitution of a party authorises Federal Executive to intervene in the management of a State Division – whether “management” includes “management and control” – whether power to endorse candidates for election is exercise of management function – whether power to endorse candidate subject to Constitution of State Division
Legislation Cited: Associations Incorporation Act 2009 (NSW), s 26
Civil Procedure Act 2005 (NSW), s 56
Commonwealth Electoral Act 1918-1934 (Cth), ss 71, 72A, 72B; Pt XI
Commonwealth Electoral Act 1918 (Cth), ss 4, 4C, 123, 124, 125, 129, 129A, 132, 133, 136, 139, 140, 141, 163, 166, 168, 169, 169B; Pt XI, XIV, XX
Constitution, ss 75, 76, 77
Judiciary Act 1903 (Cth), ss 39, 40, 44, 78B
Uniform Civil Procedure Rules 2005 (NSW), r 36.16
Cases Cited: Asmar v Albanese [2022] HCASL 71
Asmar v Albanese [2022] VSCA 19
Asmar v Albanese (No 4) [2021] VSC 672
Baldwin v Everingham [1993] 1 Qd R 10
Butler vMulholland (No 2) [2013] VSC 662
Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24
Edgar and Walker v Meade (1916) 23 CLR 29; [1916] HCA 70
Johnston v The Greens NSW [2019] NSWSC 215
LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575; [1983] HCA 31
Mulholland v Australian Electoral Commission (2004) 220 CLR 181; [2004] HCA 41
Texts Cited: JRS Forbes, Justice in Tribunals (The Federation Press, 5th ed, 2019)
Parliament of the Commonwealth of Australia, Joint Select Committee on Electoral Reform, First Report, September 1983
Category: Principal judgment Parties: Matthew Louis Camenzuli (Plaintiff)
The Hon Scott Morrison MP (First Defendant)
Christine McDiven AM (Second Defendant)
The Hon Dominic Perrottet MP (Third Defendant)
The Hon Alex Hawke MP (Fourth Defendant)
The Hon Sussan Ley MP (Fifth Defendant)
Trent Zimmerman MP (Sixth Defendant)
The Hon Philip Ruddock AO (Seventh Defendant)
The Hon John Olsen AO (Eighth Defendant)Representation: Counsel:
S Robertson / A R Langshaw / B May (Plaintiff)
G O'L Reynolds SC / D A Ward (First, Second, Third and Eighth Defendants)
S…
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- AGLC
- Camenzuli v Morrison [2022] NSWCA 51
- Case
- [2022] NSWCA 51
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the party's pre-selection process was justiciable, meaning whether it was a matter that the courts could properly adjudicate upon. This involved considering the application of the principles established in *Cameron v Hogan* and whether any statutory provisions created an enforceable interest for party members in the procedures outlined in the Party Constitution. Further, the Court had to determine whether the Federal Executive's power to intervene in the management of a State Division, specifically its power to endorse candidates, constituted an exercise of "management" and whether this power was subject to the constitution of the State Division.
The Court of Appeal dismissed the statement of claim. The reasoning likely involved an application of the *Cameron v Hogan* principle, which generally holds that disputes concerning the internal affairs and membership of unincorporated associations, particularly political parties, are not justiciable. The Court would have considered whether the party's constitution or any relevant legislation created a legal right or interest that could be enforced by the courts, or if the dispute remained a matter of internal party governance beyond judicial review. The Court found that the dispute was not justiciable.
The Court ordered the dismissal of the statement of claim filed on 15 March 2022.
Orders
Orders of the court
Dismiss the statement of claim filed on 15 March 2022 in the Equity Division, removed into this Court by order made on 30 March 2022 and remitted by the High Court of Australia on 31 March 2022.
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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