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As the fallout from the failure of the NSW Liberal Party to nominate up to 140 candidates before the deadline for next month’s local government election continues, the party has decided not to pursue court action.

The party requested the NSW Electoral Commission grant an extension of the 14 August deadline to 21 August. 

The Liberals pointed out that the formal election notice was published on the commission’s website five days prior to the close of nominations rather than seven days, as required by legislation. 

In a statement issued on Sunday, the Acting NSW Electoral Commissioner Dr Matthew Phillips accepted this was the case, but said the deadline had already been communicated, including on the commission’s website. 

“[T]he Commissioner had widely publicised the nomination date and related information on the NSW Electoral Commission’s website, as well as through state-wide advertising via print and social media months in advance of the nomination date. 

“It had also communicated this information directly to parties and candidates on numerous occasions since May 2024.” 

Phillips said he had considered additional correspondence from the party over the weekend, and it had not changed his view that it was not possible to lawfully extend the nomination period. 

“[E]ven if it were, it would not be appropriate to do so given the very significant ramifications it would have for the conduct of the elections,” said Phillips.

In a statement issued on Tuesday, NSW Liberal Party acting state director Wilson Chessell revealed the issue of possible legal action had been put to bed.

“The NSW Liberal Party received advice from Senior Counsel in relation to the irregularities in the process for nomination of local government candidates conducted by the NSW Electoral Commission,” he said.

“Having given consideration to that advice the Division will not be taking any legal proceedings.”  

The Commissioner said his agency was focussed on delivery of the election, which is scheduled to take place on 14 September. 

“Our returning officers are in place across the state and the election period is now in full swing with ballot paper production underway,” said Phillips. 

The bungle triggered the sacking of the party’s state director Richard Shields and has prompted criticism and soul-searching within the Liberals, about their administrative capabilities. 

Former NSW Premier Mike Baird was the latest to weigh in on the matter on Sunday. He was quoted as saying his party’s failure to nominate candidates in 16 local councils was a “tragedy” and “hard to believe”. 

He called for an inquiry to get to the bottom of what happened, to help make sure it never happens again.