The Victorian Liberals have backed down on tonight's meeting to disendorse Moira Deeming, telling the Supreme Court they no longer plan to hold it. The retreat came within hours of Justice Kerri Judd asking whether the party would hold off until a full trial she can hear from 15 July. Deeming's team pressed on for an injunction anyway when the hearing resumed.
As One News reported this morning, Deeming is suing state president Brian Loughnane to stop the party dumping her from its upper house ticket for the 28 November election. The 18 members of the state executive had been due to meet at 6:30pm tonight, and The Australian reports Liberals across the factions widely expected that meeting to end her candidacy.
Justice Kerri Judd to the Liberals: think about whether you want tonight's meeting at all
Justice Judd is yet to rule on the injunction. Her questions from the bench did plenty of work anyway. She asked Marcus Clarke KC, acting for Loughnane and the party, whether his clients would give an undertaking not to meet and disendorse Deeming until the trial could take place, according to The Australian's reporting from the court. Clarke said he'd have to seek advice.
"Given the court have been very accommodating in terms of providing such an early hearing date, I just don't want any step taken that would mean the relief (Ms Deeming is) seeking could not be granted," Justice Judd said.
She went further on what pressing ahead tonight could mean.
"Even if you do want to go ahead and I allow the meeting to continue, I don't restrain, I don't run an injunction, ultimately it's in your client's interests that this issue be heard quickly, because if the court ultimately did make a decision about that meeting after the meeting occurred, then that might also have consequences for your client."
In plain English: the party can vote tonight, and a court might later make a ruling about that very meeting. Justice Judd said she's minded to list the trial from 15 July whatever she decides on the injunction, and Clarke said he'd file written submissions by midday.
"No appearances, your honour": Deeming's lawyers miss the 1pm resumption
The hearing itself had a farcical stretch. Listed for 9:30am, it was adjourned to 1pm, and when Justice Judd returned to the bench Deeming's lawyers weren't in the room. The judge sent her associate into the hallway to check. "No appearances, your honour," the associate reported back.
"I thought I made it fairly clear, did I not, that we would be resuming at 1pm unless we emailed the parties," Justice Judd said to Clarke.
Deeming's lawyers walked in more than 20 minutes after the scheduled resumption, the reason for the delay wasn't immediately clear, and the matter was stood down again until they were present.
Neither Deeming nor Loughnane attended in person. An affidavit from Deeming has been filed, and the judge indicated she's likely to redact the parts of it that deal with Deeming's health.
Ganesh Jegatheesan will argue bias, and the judge won't relitigate the Matthew Guy complaint
Deeming's barrister Ganesh Jegatheesan told the court the case would be of a "very narrow scope". Justice Judd established he plans to rely on grounds of "bias" and to argue that a decision of the state executive is subject to the rules of natural justice.
The judge also drew a firm boundary around the dispute that started all this, telling Jegatheesan she's "not here to review the decision of Victoria Police to not charge Mr Guy".
That refers to Deeming's police complaint alleging former leader Matthew Guy grabbed her in a headlock at a gala dinner on 23 May. Police investigated and found "there was no offence detected", and Guy denies the allegation and wants a public apology. Deeming's refusal to give one is what set tonight's meeting in motion. Opposition Leader Jess Wilson asked her to apologise and was refused, and Pauline Hanson ruled out a One Nation berth on Thursday with "No, I do not want her".
Sarah Henderson is "personally disappointed", and Deeming's lawyers say the party told her to go to police
The federal reaction landed before the retreat did. "I'm personally disappointed that Moira did not withdraw her police complaint and apologise to Matthew Guy," Liberal senator Sarah Henderson told Sky News. "I really feel for Matthew Guy. The accusations that were made against him were completely unfounded, and this is now, of course, a matter for the internal processes within the Victorian division of the party."
Deeming's lawyers put out a very different account on Monday. Their statement says the footage "shows Mr Guy pulling her towards him while maintaining a grip around her neck and upper shoulder area as she attempted to pull away", that the contact was "unexpected, unwelcome, physically painful", and that the incident was made worse by her history as a victim of rape and sexual abuse and her PTSD. Police reviewed the same footage and found no offence.
The statement's biggest claim is about the party itself: "Following unsuccessful attempts to resolve the incident confidentially and through the Liberal Party's internal processes, Ms Deeming was advised by senior Liberal Party officials to report the matter to Victoria Police." On her lawyers' account, the party's own officials pointed her at the police station, and the party then scheduled a meeting to dump her for what followed.
No meeting tonight, a trial within weeks, and an injunction still on the table
Cancelling the meeting doesn't end the case. Deeming's team still sought an injunction when the hearing resumed, and Justice Judd has flagged listing the trial from 15 July whatever she decides on it. The party has bought itself out of tonight's risk and inherited a fortnight of it instead. The election is on 28 November, and the latest polling has One Nation ahead of Labor in Victoria.
