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Vic Labor MP loses branch stacking case

Karen SweeneyAAP
Marlene Kairouz has lost a Supreme Court bid to invalidate branch stacking charges against her.
Camera IconMarlene Kairouz has lost a Supreme Court bid to invalidate branch stacking charges against her. Credit: AAP

Former Victorian cabinet minister Marlene Kairouz has failed in her bid to claim branch stacking charges against her are invalid.

The Labor MP asked Victoria's Supreme Court to declare charges null and void, and grant an injunction blocking a Labor Party disputes tribunal hearing.

Justice Timothy Ginnane, who granted a temporary injunction in March, rejected her claim in a final judgment on Tuesday.

Ms Kairouz last year resigned from cabinet following branch stacking allegations against sacked minister Adem Somyurek.

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He was accused of handing over cash and using parliamentary employees to create fake branch members and amass political influence.

Party stalwarts Steve Bracks and Jenny Macklin were appointed as administrators of the Victorian branch.

Staff in Ms Kairouz's office and that of Robin Scott were allegedly involved in the branch stacking - a practice that involves recruiting or signing up members to a local party branch to influence the outcome of candidate preselections for parliament.

Ms Kairouz denies the allegations. Her lawyers had argued that the party's national executive had interfered with the administration of the Victorian branch by passing and implementing the administration resolution.

The Victorian branch was not a separate entity, Justice Ginnane said, noting it was as described - a branch.

He found Ms Kairouz had not proved or established that claim.

Her lawyers had separately argued changes to branch rules in September last year could not be applied retrospectively to Ms Kairouz over allegations in March last year.

Justice Ginnane also rejected a case brought by representatives of 11 ALP-affiliated unions, who argued the process under which preselection of candidates in 21 seats was invalid.

Labor opened pre-selection in May for 21 electorates the party considers safe and for the new seat of Hawke in Melbourne's west.

No sitting MPs faced challenges to their candidacy but Justice 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.

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