The New South Wales Liberal division will have another month to solve its deadlock on selecting candidates for the federal election and hold an annual general meeting – but it is still possible that the federal division could step in next week.
Matthew Camenzuli, a member of the NSW state executive of the Liberal party, has won his case in the supreme court, which means the state executive remains validly elected until at least 28 March.
The chief justice of the equity division of the NSW supreme court, Julie Ward, ruled that the state branch’s constitution should be interpreted as allowing the state executive to remain in place even though it has not held an annual general meeting.
She said she had concluded “(with some hesitation) that the natural meaning of the words ‘until the next AGM’ is premised on such an AGM occurring”.
“If an AGM does not occur, then the event on which the termination of office will happen has not arisen and the elected office-bearer continues in office until such time as an AGM is held,” she said.
The case was in response to legal advice presented to state executive last week that said if it did not hold an annual meeting by the end of February the division would be in breach of its constitution. This prompted talk of federal intervention, and raised fears that the situation was being used in order to influence preselections.
The party’s state president, Philip Ruddock, who had sought the advice, sent an email to Liberal Party members explaining his actions.
“Earlier this month, out of an abundance of caution, the division sought legal advice on constitutional uncertainty regarding continued operation of our state executive. We had also advised the federal executive of this potential concern,” he wrote.
“Now that the judge has provided us with clarity; the state executive can continue operating on behalf of our members, and collaboratively prepare to campaign for the reelection of the Morrison government.”
Whether the extra month will help the party solve its preselection impasse is unclear. With just a few weeks until the federal election is likely declared, it is still an option for the federal executive of the party to intervene when it meets on 3 March.
Meanwhile, there were small signs this week that the preselection process was moving forward. After months of failing to convene because the federal immigration minister, Alex Hawke, the prime minister’s representative, was unavailable, the nominations review committee met this week to vet some candidates.
The state executive had also agreed that a preselection by way of a branch plebiscite for the seat of Bennelong, in Sydney’s north, would go ahead on 23 March.
The Senate spots would also go to a vote of the Liberal party council. The foreign minister, Marise Payne, was likely to retain top spot on the ticket, while senators Concetta Fierravanti-Wells and Jim Molan and two other nominees would be contesting the other winnable position. This was scheduled for 27 March, on the eve of the planned AGM of the council.
The rest of the contentious preselections would again be discussed on Friday night at the scheduled meeting of the NSW state executive.
In advance of the meeting the NSW president, Philip Ruddock, advanced a compromise position, which would involve the three sitting members – immigration minister Alex Hawke in Mitchell, environment minister Sussan Ley in Farrer and MP Trent Zimmerman in North Sydney – being automatically re-endorsed by the state executive. This was being voted on via a remote ballot on Friday afternoon.
This could leave open the potential for preselections via plebiscites in Hughes, Warringah, Dobell and Parramatta, but even this concession may not be sufficient to placate a vocal group on state executive – said to be between four and seven – who want the Liberal party to abide by its constitution and hold branch votes in all seats.
To use special power to bypass preselections, Ruddock would need 90% of the 28-strong state executive to agree.
The Camenzuli group would propose a motion detailing a timetable to achieve the remaining plebiscites, in line with the Warringah rules, which were inserted into the constitutions in 2018.
Under the plan, notice periods would be shortened to allow all preselections to be completed within four to five weeks.
Weary factional organisers said there was some likelihood this course would be supported by the state executive tonight – but that may be only to provoke federal intervention.
Branch votes in all seats would almost certainly be unacceptable to the prime minister, who would likely lose Ley, one of his few women in cabinet, as well as factional ally Hawke, as they face increasing challenges from the right.
The federal division will meet on 3 March and has warned that further delays could trigger intervention. This could range from a full-scale takeover of the state branch’s affairs, by effectively appointing an administrator, or taking control of preselections.
Such a move would likely end in the courts.
