Controversial union boss John Setka has launched an appeal against the Victorian Supreme Court's decision permitting his expulsion from the Australian Labor Party.
Mr Setka lodged leave to appeal with the Court of Appeal on September 24 and his move was made public on Wednesday.
Labor is moving to get rid of Mr Setka for bringing the party into disrepute, including through allegations of domestic violence and criticism of family violence campaigner Rosie Batty for eroding men's rights.
In August, Victorian Supreme Court Justice Peter Riordan dismissed Setka's bid to have the legality of his proposed expulsion overturned, noting it was not within the court's jurisdiction to make a decision on the issue.
"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."
Not only did Mr Setka lose his case, he was also ordered to pay costs. He was not in court for the ruling.
However the judge noted that if he was wrong and the court did have jurisdiction, the powers of the ALP to expel a member are subject to compliance with preconditions set out in the Victorian branch rules.
The CFMMEU Victorian secretary was also last month referred to parliament's powerful privileges committee over alleged threats to senators.
Centre Alliance Senator Rex Patrick, his partyroom colleague Stirling Griff and independent Jacqui Lambie initiated the probe to investigate a possible contempt of parliament, which could result in possible fines and jail time.
The trio claim they were threatened when Mr Setka told a shop stewards meeting they would face abuse in the streets if they supported a bill making it easier to deregister unions and ban officials.
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Australian Associated Press