"Draconian and unfair powers" were used to slap Victorian Labor MP Marlene Kairouz with an invalid charge of branch stacking, her lawyer claims.
Ms Kairouz has taken her party to Victoria's Supreme Court, seeking a declaration the charges laid against are null and void, and an injunction to stop a party disputes tribunal hearing from going ahead.
Federal Labor last year took over the state branch and endorsed an audit by party stalwarts Steve Bracks and Jenny Macklin.
They looked into allegations sacked minister Adem Somyurek handed over cash and used parliamentary employees to create fake branch members and amass political influence.
It was alleged staff in Ms Kairouz's office and that of Robin Scott were involved in branch stacking.
This involves recruiting or signing up members to a local political party branch to influence the outcome of candidate preselections for parliament.
Acting for Ms Kairouz, John Karkar QC told Justice Timothy Ginnane on Wednesday the appointment of administrators to the state branch last year was invalid.
"It is a huge step ... to suspend the governance of the state branch," Mr Karkar said.
He argued it meant the rules under which Ms Kairouz was charged were also invalid, as were the charges themselves.
Documents filed on behalf of Ms Kairouz, who last year resigned from cabinet, showed the party's national executive amended the definition of branch stacking in September 2020.
But Mr Karkar argued this wasn't retrospective and so couldn't be applied to allegations Ms Kairouz engaged in branch stacking on or before March 10, 2020.
He added rules were also changed so a member was presumed to have engaged in branch stacking unless they satisfied the disputes tribunal otherwise.
Mr Karkar said these were "draconian and unfair powers".
"There's a presumption of guilt in relation to an expended definition of branch stacking," he told the court.
The hearing continues.
