Anthony Albanese’s bid to expel Victorian CFMEU boss John Setka faces further delay after the Supreme Court found the party’s national executive did not have an unlimited right to expel members.
Supreme Court Justice Peter Riordan ruled the question of the legitimacy of the ALP motion to expel Mr Setka was not in the court’s jurisdiction, and he dismissed his injunction application.
But he said the national executive’s powers to expel a member are subject to compliance with preconditions set out in the party’s Victorian branch rules.
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He said a reading of the party’s national constitution and the rules of the state branches “is consistent with an intention that expulsion should be carried out by the state branches.’’
The judgment is a fresh obstacle to the bid by Anthony Albanese to have Mr Setka expelled from the party.
Anthony Albanese has said the conduct of Mr Setka is bringing the entire Labor Party into disrepute and he must be expelled to end the reputational damage being done to the ALP.
Mr Albanese said the harm to the ALP had been caused by the cumulative effect of Mr Setka’s conduct over the past few years, citing a number of expletive-laden outbursts and public attacks by the controversial unionist.
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