Judicial intervention into political parties: Setka v Carroll [2019] VSC 571

Abstract

ABSTRACT In Setka v Carroll [2019] VSC 571, the Supreme Court of Victoria rejected an attempt to use private causes of action and remedies to vindicate civil rights to participate in a political party. The decision stands in stark contrast to earlier English and Australian decisions, which have used injunctions restraining breaches of contract or the deprivation of proprietary interests to prevent wrongful expulsions and enforce political parties’ rules. This note considers the weaknesses of private law remedies in protecting party members’ rights, and the possibility of more conventional judicial review of party decisions.