Union boss John Setka has failed in his bid to have the Supreme Court of Victoria stop a vote to expel him from the Australian Labor Party, with the court ruling it does not have the jurisdiction to decide the matter.

Key points: The court ruled it could not interfere with the ALP's internal processes

The court ruled it could not interfere with the ALP's internal processes However, it found the national executive was bound to follow the Victorian branch rules on any expulsion process

However, it found the national executive was bound to follow the Victorian branch rules on any expulsion process Federal Labor leader Anthony Albanese said he remained committed to expelling Mr Setka from the party

In June, the ALP wrote to the Victorian CFMEU boss advising him of its plans to expel him amid concerns about his attitude towards women, in particular comments he reportedly made about anti-family violence campaigner Rosie Batty.

Later that month, Mr Setka was ordered to attend a behavioural change program and placed under a good behaviour order after pleading guilty to harassing his wife, Emma Walters, via text messages.

Mr Setka applied for an injunction to the Supreme Court to stop the expulsion vote, arguing the party's national executive did not have the power to expel him because it was a matter for the Victorian branch.

Justice Peter Riordan today said the court could "not interfere with internal decisions of voluntary unincorporated associations" in matters like this.

"The question of the legitimacy or otherwise of the motion to expel [Mr Setka] from the ALP is not within the court's jurisdiction," Justice Riordan wrote in his 45-page ruling.

But he said the ALP's national executive would need to be compliant with any state processes to expel a member.

Justice Riordan previously noted the issue may end up in the High Court.

Mr Setka's wife Emma Walters said she would stick by her husband. ( ABC News: James Hancock, file photo )

Anthony Albanese 'resolute' on expulsion

Labor leader Anthony Albanese started the expulsion push when Mr Setka's reported remarks about Ms Batty first surfaced.

It led to a heated debate about his party membership, as well as raising questions about his role as Victorian head of the powerful construction union.

Mr Setka denies disparaging Ms Batty and defied calls for him to stand down in June, arguing only his members could remove him from the post.

His case has split the labour movement, with many unions backing him while others called for him to resign.

Mr Albanese welcomed the court's decision, which he said confirmed it was the right of political parties to determine who its members were.

He said the push to expel Mr Setka from the party was not based on political tactics.

"I do it not because it is easy, I do it because it is the right thing to do on behalf of the Australian Labor Party,'' Mr Albanese said.

"Mr Setka's actions over a long period of time across a range of issues have brought the Labor Party into disrepute."

The next meeting of Labor's national executive is scheduled for October.

Victorian Premier Daniel Andrews said he supported Mr Albanese's position on the matter.

Expulsion powers subject to Victorian branch rules

Justice Riordan's ruling left the door open for the matter to be resolved at a state level, rather than by the national executive.

"In case I am wrong and the court does have jurisdiction, I have determined the powers of the National Executive of the ALP to expel a member … are subject to compliance with … the ALP Victorian Branch rules," he said.

Labor's counsel, Michael Borsky QC, said in July it was "unworkable" and "nonsensical" for a national political party to follow the rules of different state branches.

But Justice Riordan today rejected that contention.

"In my opinion to construe clause 16 (d) of the National Constitution as conveying an unlimited power to expel, which is not contained in the Victorian Rules, is to strain the language beyond any fair construction," he said.

Mr Setka was not in court for the ruling.