Labor's bid to boot Victorian union boss John Setka from the party is on ice while a judge determines whether the move is legal.
A meeting of Labor's national executive planned for Monday to consider the expulsion has been called off, with the party's lawyers agreeing to wait for Supreme Court Justice Peter Riordan's decision.
It comes after Mr Setka, secretary of Victoria's CFMMEU branch, filed an urgent injunction to stop the party ripping up his membership.
Federal leader Anthony Albanese has insisted the union boss will not remain a party member, arguing he does not live up to Labor values after admitting to crimes including harassing his wife.
Mr Setka did not appear in court on Thursday when his lawyer argued the expulsion should be blocked for reasons including that it would stop him being an effective advocate for the union and its members.
Mr Setka and Labor also disagree about what power the national executive has to expel a Victorian member.
Judge Riordan said the issues were complex and it was inappropriate for the party to make a decision while the case remains before the courts.
"We're a long way off the federal election," he said, noting the matter is not an urgent one for Labor.
"This is a matter that could go to the High Court."
Mr Setka last month admitted harassing his wife and is also accused of saying the work of anti-domestic violence campaigner Rosie Batty meant men had fewer rights. He denies the comments.
Mr Setka retains the backing of CFMMEU colleagues but the head of Australian Council of Trade Unions, Sally McManus, is among those who want him gone.
Mr Setka has filed proceedings against outgoing Labor national secretary, Noah Carroll, Mr Albanese and voting members of the national executive.
Expulsion would also affect his reputation and position as state CFMMEU secretary, Mr Setka claims.
Before agreeing to delay the national executive's decision, Labor's lawyer Michael Borsky QC rejected Mr Setka's assertion his job was at risk if he was expelled.
But Justice Riordan noted it "wouldn't help".
"That is speculative," Mr Borsky replied, adding Labor might not decide to expel Mr Setka.
Geoffrey Kennett SC, representing Mr Setka, said a letter from Mr Albanese about the expulsion was essentially a "charge sheet" but it did not specify rules the union boss supposedly breached.
"We don't say our client hasn't done anything that could possibly justify his expulsion," Mr Kennett conceded.
But he noted Labor's national executive hadn't gone about it in line with Victorian branch rules.
Mr Borsky said having Mr Setka remain a Labor member damaged the party's reputation.
He also said Labor's national executive had the authority to remove someone without complying with every detail laid out in local branch rules, which varied across states and territories.
This would be "unworkable," Mr Borsky noted.
The matter will return to court at a later date.
Australian Associated Press
