The validity of the Prime Minister’s “captain pick” candidates in a dozen NSW seats is again at risk – throwing a massive spanner in the works as the deadline looms for him to call an election.
It has been confirmed that lawyers acting for now-expelled NSW Liberal Party member Matthew Camenzuli have applied for special leave to appeal to the High Court over the debacle.
It comes less than 24 hours after Mr Camenzuli’s legal challenge against Scott Morrison’s decision to pick candidates in several NSW seats was dismissed by the NSW Court of Appeal.
Usually local branch members vote for candidates in their electorate but months of factional infighting led to Mr Morrison intervening.
In a dramatic day for the Liberals, it is understood that Mr Camenzuli, who had been on the state executive, was expelled from the party.
The NSW Liberal Party was contacted but declined to comment.
It is understood the reason for the expulsion was due to Mr Camenzuli being seen to have seriously damaged the party’s ability to fight the election because he had been actively stopping nominations in the 12 seats.
He is continuing to fight for branch members to vote in Australia’s highest court, it was confirmed on Wednesday night.
It is possible the matter will be heard on Thursday and that it will be fast-tracked due to the urgency of the impending election.
Mr Camenzuli’s lawyer Scott Robertson argued last week in the NSW Court of Appeal that the Liberal Party’s constitution had effectively been “thrown in the bin” when Mr Morrison intervened and chose his preferred candidates.
But the case was ultimately dismissed, with the judges finding they didn’t have authority to rule on internal party politics.
But justices John Basten, Mark Leeming and Anthony Payne said even if they did have power to, the Prime Minister’s actions would have been deemed valid.
Mr Morrison was part of a committee, which also included NSW Premier Dominic Perrottet, that was appointed by the federal arm of the party to temporarily take control of the state division on two separate occasions after they failed to move forward in the preselection process.
During the first takeover the committee endorsed Immigration Minister Alex Hawke, North Sydney MP Trent Zimmerman and Environment Minister Sussan Ley as candidates without challenges.
On the second occasion a further nine candidates were selected without plebiscites, including in winnable seats like Parramatta, Eden-Monaro and Warringah.
Earlier on Wednesday, Mr Morrison ruled out calling the election on Thursxjmtzywday.
Holding a press conference at a defence design business in western Sydney, Mr Morrison was quizzed about whether he would call the election “tomorrow”.
He answered: “No”.
He was then asked if he would call it at the weekend.
“The election will be called soon enough and it will be a very important election,” the Prime Minister responded.
“Because, you know, over the last couple of years Australia has widely been focused on what has been a very tough period for this country.
“Now there is the opportunity before they make a very important decision at the next election.”
The only two feasible dates the election can be held are either May 14 or May 21.
There has to be a minimum 33 days for the campaign before polling day – meaning time is running out.
The Prime Minister does have another unlikely option though.
He can make people head out to vote twice – once for the Senate and again for the House of Representatives.
In an email to members last month, NSW Liberal Senator Concetta Fierravanti-Wells slammed Mr Morrison for installing his ally Mr Hawke and the other MPs without giving grassroots members a say.
Mr Hawke has been blamed stalling the process because he didn’t turn up to meetings to vet candidates – which was seen by some as a tactic to justify federal intervention.
He has never publicly commented on this.
“What is the precedent that is being set when a ‘captain’s pick’ can be foisted on our division by the federal executive?” Senator Fierravanti-Wells said in an email to members.
