SUSSAN Ley's solicitor has told the NSW Supreme Court that legal action should not determine the validity of her Liberal Party federal election preselection.
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The Farrer MP and Liberal colleagues Alex Hawke and Trent Zimmerman are the subject of court action contesting the process taken to preselect them.
Liberal Party member Matthew Camenzuli argues the intervention by the federal executive to override the NSW division and endorse the trio did not follow the organisation's constitution.
In a defence submitted to the court on behalf of Ms Ley, Mr Hawke and Mr Zimmerman, solicitor Ashley Tsacalos states Mr Camenzuli is not entitled to invoke the court's jurisdiction on the matter and the party's federal and state constitutions "are of purely domestic concern".
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Dr Tsacalos also notes now "it was likely to be impracticable for the processes of selection and endorsement of party candidates under the NSW Constitution to occur prior to any federal election".
He also points to Mr Camenzuli being notified of resolutions for federal involvement on March 4 but not taking action under the party's NSW constitution before launching his case on March 15.
The matter is listed for a hearing before the Court of Appeal in Sydney on Friday.
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