Labor’s national executive was set to decide on Mr Setka’s expulsion next week after he was granted a 10-day extension to plead his case before party officials.
But he has since taken the matter to the Supreme Court,where it has been set down for a one-day hearing.
Loading
The court battle comes as Victorian unions aligned with Labor’s Socialist Left faction rallied in Mr Setka’s defence,arguing the expulsion push had denied him “procedural fairness”.
Mr Albanese has insisted Mr Setka will be expelled from the party after he was convicted at Melbourne Magistrates Court last month of harassing his wife.
But before the conviction Mr Albanese had said Mr Setka’s behaviour had warranted expulsion,including comments he made about anti-family violence campaigner Rosie Batty. Mr Setka has vehemently denied denigrating Ms Batty.
In documents lodged in the Supreme Court,Mr Setka argues that expelling him from the party would diminish his union role and “devastate” him personally.