A judge has barred a tribunal deciding branch stacking charges against former Victorian cabinet minister Marlene Kairouz until it's determined whether the charges are valid.
The Labor MP last month asked Victoria's Supreme Court to declare the charges null and void and grant an injunction blocking a Labor party disputes tribunal hearing.
Justice Timothy Ginnane on Friday granted a temporary injunction ahead of further hearings, prohibiting the charges against Ms Kairouz being heard or determined by the tribunal.
Ms Kairouz last year resigned from cabinet following branch stacking allegations against sacked minister Adem Somyurek.
He was accused of handing over cash and using parliamentary employees to create fake branch members and amass political influence.
This led to federal Labor taking over the Victorian branch and endorsing an audit by party stalwarts Steve Bracks and Jenny Macklin.
Staff in Ms Kairouz's office and that of Robin Scott were allegedly involved in the branch stacking.
This involves recruiting or signing up members to a local party branch to influence the outcome of candidate preselections for parliament.
Ms Kairouz's lawyer previously told the court the ALP's national executive did not have the power to interfere with the state branch.
He said this meant the appointment of administrators was invalid, as were the rules under which Ms Kairouz was charged.
Court documents filed on her behalf showed Labor amended its definition of branch stacking in September.
Her barrister John Karkar QC said the "draconian and unfair" changes to the rules meant a member was presumed to have engaged in branch stacking unless they satisfied the disputes tribunal otherwise.
But he argued the changes weren't retrospective and so couldn't be applied to allegations Ms Kairouz engaged in branch stacking on or before March 10 last year.
Peter Willis QC - who represented Labor figures including Mr Bracks, Ms Macklin and federal opposition leader Anthony Albanese - urged the court to scrap Ms Kairouz's application.
He said her alleged conduct would have contravened the party's previous branch stacking rules anyway.
He also questioned what of Ms Kairouz's legal interests were meant to have been threatened, and said the disputes tribunal was able to determine the validity of its own hearing.
The case will return to the Supreme Court next Wednesday for a directions hearing.
