The union led by secretary Peter Marshall – one of Senator Carr’s strongest supporters – is expected to seek a hearing in the state’s Supreme Court over the weekend to halt the preselection process. The veteran senator is poised to lose his position on the ticket in favour of union boss Linda White,who is backed by the Left faction.
The legal bid will be underpinned by the union’s belief that the national executive,which has decided Victorian candidates since the federal takeover of the state branch,does not have the power to make decisions because its membership was last elected three years ago. The union contends this is contrary to the party’s constitution and a new election should have been held to elect the executive’s members.
The legal bid is designed to ramp up pressure on Mr Albanese and Victorian powerbrokers to end a factional war that has engulfed the party for years,and which has escalated since the sudden death of Senator Kitching earlier this month. Her senate position was also not guaranteed.
The Firefighters Union is also party to the High Court challenge – spearheaded by the Health Workers Union and the Plumbers Union,which were closely aligned to Senator Kitching – that cleared its first legal hurdle on Friday.
At a directions hearing in the High Court on Friday,Justice Stephen Gageler made an order that the special leave application be expedited and heard by Thursday next week,with the parties directed to file their submissions by early next week.
Addressing the court by video link,Justice Gageler said that if special leave were to be refused “that of course would be the end of the matter”. If the special leave is granted,then the High Court will hear the appeal.