ALP federal takeover appeal dismissed

No sitting MPs faced challenges to their candidacy but Justice Timothy Ginnane had granted a temporary injunction stopping the ALP from officially declaring their preselection until his final judgment.

A ballot was also prevented from being held to decide on the candidate for Hawke, where three candidates were nominated.

The unions, led in their case by Health Services Union secretary Diana Asmar, had argued the preselection process had been short-circuited and occurred with "unprecedented" speed.

Justice Ginnane found they too had failed to prove or establish that the national executive of the party had unlawfully interfered with the branch.

This decision was challenged but dismissed on appeal.

Justice Terry Forrest, Justice Simon Whelan and Justice Jacinta Forbes on Friday told the Court of Appeal that it was correct that the Victorian branch of the ALP was bound by the national executive, which had acted within its power.