Victorian Labor MP Marlene Kairouz has applied to the Supreme Court for an injunction, arguing charges of branch stacking against her are invalid.
The former cabinet minister was ordered before a Labor disputes tribunal over allegations of branch stacking, sparked by claims her factional ally Adem Somyurek handed over cash and used parliamentary employees to create fake branch members and amass political influence.
Charges were laid against Ms Kairouz late last month after party stalwarts Steve Bracks and Jenny Macklin, were appointed as administrators of the Victorian branch of the ALP.
Their appointment was part of control taken by the party’s national executive, which also included a resolution to include a new definition of branch stacking in the party rules.
It also included branch stacking as an offence.
Charges against Ms Kairouz were laid on January 31.
A day later rules were amended again to remove the branch stacking offence, but note all charges laid during the period of administration would still be heard and determined by the disputes tribunal.
“Any suspension of the member in question shall continue,” the amendment said.
Ms Kairouz filed for an injunction in Victoria’s Supreme Court, arguing the national executive had no constitutional power to make any of the resolutions.
As a result, she argues the charges against her are invalid.
She has sought a series of declarations from the court, including that the appointment of Mr Bracks and Ms Macklin as administrators and the charges against her were invalid.
Ms Kairouz wants an injunction stopping the disputes tribunal hearing from going ahead.