Cockman v Gorman

In the Supreme Court of Western Australia, Tristan Cockman, a former member of the Western Australian Branch of the Australian Labor Party (ALP), has sued the defendants, who were members of the State Executive and Administrative Committee of the WA Labor Party, for what he contends is a breach of the 2015 Constitution and Rules governing preselection. The defendants have applied for summary judgment or, in the alternative, to strike out paragraphs of the statement of claim. In granting the defendants' application, Curthoys J held that the preselection process of the political party is not justiciable, and that the rules of the political party do not create enforceable contractual rights and duties. The court accepted that the rules of the WA Labor Party do not evidence an intention to create legal relations, and that there was no relevant 'legal norm'. The defendants' application for summary judgment was accordingly granted, and judgment was entered for the defendants.