There were mixed views in the party about the wisdom of a legal challenge, but many MPs say the party has to demonstrate to its angry non-candidates that it is at least trying to fix the situation.
University of Queensland professor of politics and electoral law Graeme Orr rated the Liberals’ chances of a successful challenge “very poorly, unless they can point to something else”.
He said the nomination date could be amended in advance, not in retrospect. “Once you create an exception for one you, end up creating an exception for all. They’re probably so embarrassed they are going to try anything.”
The Liberals’ request for an extension also angered independent candidates in councils where the party failed to nominate. Bridget Kennedy, a Lane Cove councillor, said a deadline was a deadline.
“Grassroots independents like myself would never be given any leeway or deadline extension if we failed to lodge our nominations on time,” she said. “They knew what the process was. If they can’t get their act together, then it demonstrates that they are too shambolic to lead.”
Harwin, a moderate faction warlord, is fighting to retain his position as party president amid a blame game in the aftermath of the fiasco, which meant 140 Liberal candidates in 16 councils weren’t nominated in time.
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In comments that may undermine the party’s attempt to overturn the situation, NSW Liberal leader Mark Speakman conceded it was a “debacle” and pinned the blame on state director Richard Shields, who was sacked by the party’s state executive late on Thursday night.
“Our party administration has let the candidates, the party members and the general public down. This is a debacle, there’s no other way to describe it,” Speakman said on Thursday.
“It is a basic matter of competence and administration. If you don’t have the resources to handle these nominations you call for more resources. It’s very basic.”
Monica Tudehope, Liberal candidate for Epping.
But Speakman did flag a potential legal challenge at the time, promising “if there are options that can be pursued, or have some prospects, then I expect they will be”.
The party is now facing a potential class action lawsuit from affected candidates. Lawyer George Newhouse, a former mayor of Waverley, is seeking advice from barristers after receiving inquiries from furious, thwarted candidates who are now unable to contest the election.
The catastrophe has overshadowed Saturday’s preselection of Monica Tudehope, the daughter of Liberal Party elder and upper house MP Damien Tudehope, as the party’s candidate for the upcoming Epping byelection, following the resignation of former premier Dominic Perrottet.
Tudehope was a senior staffer to Perrottet, who departed state politics to take up a corporate role with BHP in Washington DC. She received 89 out of the 115 votes cast by preselectors.
She promised to focus on the cost of living. “As a working mum, I know the price of milk, the price of insurance and the cost of keeping the lights on.”
Her father Damien backed in comments from Perrottet describing her as a potential future premier. “I don’t think that’s misplaced,” the senior Tudehope said. “She’s a talent in her own right. She’s probably got more to offer than I had.”
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