The legal letter, from RV Lawyers and seen by The Age, formally challenges the party's decision to disendorse Hutchinson and replace him with Toby Wooldridge, son of former federal health minister Michael Wooldridge. Liberal chiefs have refused to explain the move publicly, saying only that new information had come to light, but party sources told The Age there were concerns about an ongoing legal dispute between Hutchinson and the former partners of his law firm.
Three Liberal sources, speaking on condition of anonymity, said the state executive realised the party could be dragged into that court case, with discovery obligations potentially requiring Hutchinson to share party correspondence. One source said there was a risk sensitive material could become public.
Hutchinson's legal challenge argues that he was not given a fair opportunity to respond to the allegations, was not allowed to address the state executive before the vote, and that the meeting agenda did not fully disclose the removal vote until discussions were under way. He also claims his removal sends a message that conservative candidates are being shut out of preselection.
In a separate letter to state executive members, Hutchinson said he had kept the party informed of his legal case, including a meeting before the AFL grand final where he detailed a second potential case. "Had I been afforded the basic courtesy of addressing the State Executive before you determined my political future, many of the matters apparently relied upon ... could have been resolved," he wrote.
Opposition Leader Jess Wilson declined to comment, saying the matter was for the Liberal Party. The party also declined to comment.
The letter does not yet constitute a formal court proceeding, but raises the prospect of further legal action that would be damaging for the Victorian Liberals, who have been embroiled in high-profile court cases in recent years including Moira Deeming's successful defamation case against then-leader John Pesutto.