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ABC News
ABC News
National
Paige Cockburn

Court asked to rule in long-running Liberal Party power struggle over who gets to choose candidates in NSW seats

Federal Immigration Minister Alex Hawke has been accused of intervening in the Liberal Party's grassroots pre-selection process. (ABC News: Matt Roberts)

We're used to seeing the two major political parties butt heads but today it was the Liberals versus the Liberals, with a long-running internal battle between the NSW and federal parties being aired publicly in court.

The case boils down to whether the federal executive can intervene in the pre-selection of election candidates and effectively override the choices of grassroots Liberal branches.

And the timing couldn't have been worse, with a federal election looming and Liberal factions still at odds over who should contest key seats in NSW, leaving election campaigns up in the air.

The legal action has been brought against the Minister for Immigration Alex Hawke, who is a close ally of the Prime Minister, but Mr Hawke has so far been a no-show to proceedings.

Mr Hawke is one of three sitting MPs yet to be re-endorsed and is facing challenges from candidates from rival Liberal factions.

The Prime Minister has expressed his impatience with this situation and has called on the NSW Liberals to endorse Mr Hawke, Environment Minister Sussan Ley and North Sydney MP Trent Zimmerman without further delay "or get out of the way and let the federal executive get it done".

Members of the state executive want to avoid federal intervention but there is a big question mark over whether they will continue to hold power past next Monday, which is when their term ends.

This is because they failed to hold an annual general meeting on November 30 last year, something the executive blamed on complications caused by the COVID-19 pandemic.

The court now has to make a quick decision about whether this failure means they have to give up their positions next week.

Here are the two possible outcomes:

Option one

The NSW state executive ceases to hold power from February 28 as they are found to have breached their constitution by not holding an AGM last November.

If this happens, the federal executive will have to intervene and choose candidates in nine seats including Warringah, Farrer, North Sydney and Mitchell.

This would give the Prime Minister a much greater say over which candidates contest the federal election, which must be held before the end of May.

For example, Mr Morrison's preferred pick for the Central Coast seat of Dobell, Pentecostal preacher Jemima Gleeson, might get the go-ahead.

Mr Hawke, Mr Zimmerman and Ms Ley would likely be selected for their respective seats, preventing challenges from candidates from other factions.

This would be a major loss for the grassroots members who normally pick candidates with some input from party headquarters.

Option two

The elected members of the NSW state executive can continue in their positions.

The executive would be able to get on with the job of undertaking rank and file ballots to select candidates for the lower house seats and the two positions on the Senate ticket.

This might benefit people like right-wing Senator Concetta Fierravanti-Wells, who is facing a challenge from former senator and high-ranking army officer Jim Molan, who is in favour of a preselection ballot.

NSW executive member Matthew Camenzuli, who filed this legal action, claims these plebiscites must happen to maintain democratic decision-making.

Party powerbroker Mr Hawke is a factional ally of the Prime Minister. (ABC News: Adam Kennedy)

The executive previously blamed Mr Hawke for impeding this process by not attending compulsory vetting meetings and running down the clock until February 28.

Mr Hawke is the Prime Minister's representative on the state executive.

But even if a judge rules for Mr Camenzuli, it doesn't completely rule out federal intervention over candidates.

For example, the federal executive might try to make deals to secure their preferred candidate.

What happens next?

Chief Judge of the NSW Supreme Court's equity division, Julie Ward, has not set a date for when her judgement will be handed down, but a decision is required by Monday.

She must weigh up complicated legal arguments put forward by opposing counsel about what happens when an AGM isn't held at the required time.

The outcome will have big implications, with state Liberals acknowledging the federal election could be won or lost in NSW.

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