The man seeking a high court challenge against federal intervention in New South Wales Liberal preselections has been expelled from the party.
In an escalation of the NSW Liberal factional stoush, Matthew Camenzuli has asked the high court to prevent Scott Morrison’s hand-picked candidates from receiving Liberal endorsement on ballot papers pending the urgent case.
Camenzuli on Wednesday sought leave to appeal against the NSW court of appeal’s decision to uphold the federal party’s intervention, which allowed a three-person panel, including Morrison, to select 13 candidates for the May election.
Camenzuli, a businessman and member of the NSW Liberals’ state executive, had argued the constitution required plebiscites of the members to be held.
On Wednesday, the NSW state director, Chris Stone, used his special campaign powers to expel Camenzuli, based on Stone’s determination that his actions were damaging the party’s chances at the imminent election.
The action will need to be confirmed by the state executive when it meets on Friday night.
“He’s actively trying to stop us from nominating 12 candidates in seats,” one source said, in reference to Camenzuli.
A spokesperson for the NSW division said the party did not comment on internal matters and Camenzuli did not return calls.
Camenzuli sent an email to all members of the party on Tuesday explaining the reasons why he was taking legal action, saying he was seeking to enforce members’ rights.
“I wouldn’t have thought taking legal action against the party was grounds for suspension,” one party member said. Lots of people have done that and not had any repercussions.”
In Camenzuli’s application, seen by Guardian Australia, the businessman seeks a speedy hearing, warning of the “imminence of the issue of the writs” which will formally start the 2022 election campaign and allow party officers to write to the Australian Electoral Commission nominating endorsed candidates.
Camenzuli’s lawyers note the case is “of considerable public importance in that its answer has the potential to affect who is endorsed as Liberal Party candidates” and therefore the constitution of the parliament.
Camenzuli is seeking orders to prevent Liberal officials from requesting that the AEC print the Liberal party name beside candidates his case alleges have not been properly endorsed because of the federal intervention.
His case has sought to challenge the decision of the federal party to allow a special committee consisting of Morrison, NSW premier Dominic Perrottet and Christine McDiven to select candidates in seats with vacancies.
The committee intervened in March after factional brawling within the NSW Liberal party stalled the usual preselection processes, leaving the party without candidates in several important seats.
That modified preselection process was used to re-endorse Morrison’s factional ally and immigration minister Alex Hawke, environment minister Sussan Ley, and Liberal MP Trent Zimmerman.
On Saturday Morrison announced nine more candidates, including lawyers Jenny Ware in the seat of Hughes and Katherine Deves in Warringah, and businesswoman Maria Kovacic in Parramatta – a target seat held by Labor on a margin of just 3.5%.
The prime minister said his agenda was “ensuring we put the best candidates in the field to ensure that our government could put the best foot forward”.
Camenzuli’s case argues that the court of appeal erred in both its central findings: that the internal party dispute was not one courts could rule on, and the federal takeover of preselections was allowed by the Liberal party rules.
He requested special leave to appeal to the high court, on the basis it needs to resolve “the multiplicity of inconsistent decisions by lower courts” about whether courts can decide internal party disputes.
Camenzuli’s lawyers argued that candidates are not only “endorsed” once party officials nominate them in communications to the AEC, but rather once the usual preselection process are followed.
