Dawkins v The State Secretary, Australian Labor Party (WA Branch) [No 2]

The plaintiff, a member of the Australian Labor Party (ALP) and an unsuccessful aspirant to be the endorsed candidate for the ALP in the Federal seat of Forrest, challenged the pre-selection process undertaken by the ALP, contending that the pre-selection process breached the Western Australian Labor Rules and Constitution (WA Labor Rules). The defendant, the State Secretary of the Australian Labor Party (Western Australian Branch), known as WA Labor, contended that, given that WA Labor is an unincorporated voluntary association, the plaintiff's complaint is non-justiciable. Further, the defendant contended that, in any event, the pre-selection process was conducted in accordance with the WA Labor Rules and that therefore, the plaintiff's claim, if justiciable, is without merit. The court determined that the plaintiff's claim against the defendant is non-justiciable. Further, the court determined that the plaintiff's complaint that WA Labor did not conduct the pre-selection process for the Federal seat of Forrest in accordance with the WA Labor Rules is without merit. Therefore, the originating summons is dismissed.