Camenzuli v Morrison

The dispute in *Camenzuli v Morrison* concerned the internal pre-selection process of an unincorporated political party. The applicant, Mr. Camenzuli, sought to challenge the validity of a decision made by the Federal Executive of the party concerning the endorsement of a candidate for election. The matter came before the Court of Appeal of the Supreme Court of New South Wales.

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.