The Victorian CFMMEU Secretary was not present in court, but had his case dismissed on Tuesday, after Justice Peter Riordan ruled it was not a decision for the courts to make.

"The court does not interfere with internal decisions of voluntary unincorporated associations unless it is protecting or enforcing a contractual or other right recognised in law or equity," Justice Riordan ruled.

"The plaintiff has not established any such underlying right."

Mr Setka launched a bid to prevent the ALP from expelling him from their party, after the Labor party advised Mr Setka of its plans to expel him in June.

The push for expulsion came amid concerns about his attitude towards women, in particular his criticism of family violence campaigner Rosie Batty for eroding men's rights.

In June, Mr Setka also pleaded guilty to charges of breaching a court order.

His wife Emma Walters outed herself as the victim of a series of abusive text messages from her husband.

The Australian reported over the weekend Mr Setka also threatened his wife with violence.

"If any of these more recent allegations or rumours were true, I would have been charged, but the police prosecution of me was completed," Mr Setka said in a statement on Monday.

Victorian Premier Daniel Andrews continued to back federal Labor leader Anthony Albanese's position to get rid of Mr Setka, but did not make further comments on Tuesday.

"There could be an appeal to that decision so I'm loathe to offer a commentary beyond simply saying that they are party matters," he told reporters at parliament.

"You know my position, I support Anthony Albanese's position on this matter. As for who leads the CFMMEU , again I make the point very clearly that is entirely a matter for members of that union."

The ALP will wait for the full judgment before deciding its next steps.

Australian Associated Press