New court action could limit PM Scott Morrison’s power within his party.

Liberal Party NSW state executive Matthew Camenzuli has lodged a Supreme Court claim against intervention in the state division.

The court action seeks legal clarity on the ability of the party’s state executive to pick candidates for specific seats. 

Mr Camenzuli says several preselections - in which party members vote for preferred candidates -  have been put off during the past year.

Reports say many in the party blame Immigration Minister and factional powerbroker Alex Hawke for holding up the process.

Other Liberals want plebiscites - full meetings of party members - to continue to be used to elect candidates to represent the party in federal seats, including Mr Hawke’s seat of Mitchell in north-western Sydney.

Mr Hawke is being challenged for his seat by former army colonel, Michael Abrahams, who has the support of many conservative party members. It has been suggested that Mr Hawke would lose his seat if party members were allowed to vote. 

Mr Hawke has reportedly refused to attend meetings of the nomination review committees, which vets potential candidates and is an essential step before party members vote at preselections.

A major question in Mr Camenzuli’s court action is whether the state executive can continue in office even though it has not been able to hold its usual annual general meeting because of the COVID-19 pandemic.

NSW senator Concetta Fierravanti-Wells says court action is needed for guidance on the matter, as the party has received conflicting legal advice that the state executive “may” cease to hold office on 28 February, “will” cease on that date or “will not cease” on that date.

“The best option to rectify the situation is to seek a legal interpretation from the Supreme Court,” she said in an email to fellow Liberals, according to reports.

“Accordingly, urgent legal proceedings have been commenced this morning by Mr Matthew Camenzuli.”

Additionally, the Liberal Party’s federal executive has refused a request from Prime Minister Scott Morrison to tell the state division to endorse Mr Hawke, along with Environment Minister Sussan Ley and backbencher Trent Zimmerman.

Instead, a recent meeting saw the passage of a motion that asked the state division to deal with the preselections as soon as possible.

Party leaders have called for the issue to be resolved quickly, so that it does not flow over into the looming federal election battle.