Former Labor candidate’s preselection lawsuit dismissed

The state's Court of Appeal has dismissed former WA Labor candidate Tristan Cockman's application to contest a ruling relating to his unsuccessful preselection bid for the federal seat of Cowan.

Mr Cockman started legal action in the Supreme Court of Western Australia, naming former state secretary Patrick Gorman, former assistant secretary Lenda Oshalem, former president Peter Tinley and former state secretary and campaign director Timothy Picton as defendants.

The full bench of the WA Court of Appeal yesterday upheld a 2022 decision by Supreme Court Justice Jeremy Curthoys, and dismissed Mr Cockman’s application.

Mr Cockman, a property lawyer, had been the WA Labor candidate for the seat of Cowan in 2013 but lost the election to then-Liberal MP Luke Simpkins.

He launched action in the Supreme Court in 2021, alleging the party has breached the WA Labor constitution and rules by overlooking him for preselection for the same electorate in the lead-up to the 2016 federal election.

Counterterrorism expert and current Cowan MP Anne Aly won the seat in 2016 and has retained it at the 2022 election.

In 2022, Justice Curthoys found the WA Labor rules were not intended to create enforceable legal rights and Mr Cockman’s claim for a breach of contract must fail.

Mr Cockman appealed the decision, claiming Justice Curthoys erred in finding the WA Labor rules did not create contractual rights.

However, the full bench of WA Court of Appeal agreed the four respondents met the “very high standard” required to dismiss Mr Cockman’s claim without trial.

“Construing the WA Labor rules for ourselves we would … conclude that the rules are not intended to create contractual relations in relation to preselection of candidates for parliamentary elections or membership of the party,” the judgment said.

According to the judgment, Mr Cockman also claimed the party breached its own rules in not renewing his ALP membership in 2017 and 2021.