Gareth Ward is set to lose his seat of Kiama on Friday after an urgent NSW Court of Appeal hearing on Thursday found that the State Government was within its rights to expel him from Parliament.

The Kiama electorate has been in limbo after he was found guilty of four sexual assault offences two weeks ago with the jailed MP refusing to resign.

But he is now set to be expelled on Friday on the last day of the Parliament’s sitting week, which will trigger a by-election for the Kiama electorate in the coming months, likely in early October.

After his lawyer, Peter King, successfully sought an injunction order on Monday in the Supreme Court, the Government requested an urgent hearing before the NSW Court of Appeal.

A panel of three judges - Chief Justice Andrew Bell, Justice Anna Mitchelmore and Justice Jeremy Kirk - heard arguments from King as to why the injunction should stand and he claimed a letter from Leader of the Lower House Ron Hoenig sent to Ward last week did not identify the specific behaviour that Parliament required to expel Ward.

King claimed the fact that Ward had been found guilty of four criminal charges did not constitute the “unworthy behaviour” required to boot him out of Parliament.

He argued that the injunction should remain in place while the disgraced politician appeals his convictions, a process which could have led to Ward clinging to power until the 2027 election despite being in jail.

But Thursday's decision means Parliament will move a motion to expel him on Friday after NSW Premier Chris Minns and Opposition Leader Mark Speakman have indicated they will take that course of action in light of the 44-year-old convicted rapist's refusal to resign.

Speakman issued a brief statement after Thursday's hearing to confirm: “The Opposition is ready to have Gareth Ward expelled from Parliament forthwith.”

In handing down the panel's decision, Chief Justice Bell said: "The fact that Mr Ward has filed an intention to appeal does not affect the power of the (Legislative) Assembly to expel him. Section 13A subsection 3 of the Constitution Act expressly preserves the Assembly's right to expel a member.

"There was no evidence to support the assertion that a resolution to expel the plaintiff would be punitive in scope and effect, and invalid for that reason.

"Whether or not the Assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled, and has exercised that right by his solicitor's letter (on Monday).

"Representative democracy would not be offended by the passage of any resolution expelling Mr Ward.

"The Electoral Act 2017 NSW provides for the issuing of writs for a by-election upon a vacancy in the House arising. The electorate of Kiama would be re-enfranchised by the holding of the by-election.

"Expulsion from the Legislative Assembly would have no effect on Mr Ward's sentencing other than as a potentially admissible fact at the time of sentence.

"It would in no way usurp the discharge by the District Court of its sentencing function, nor would it undermine the appeal rights that are available to Mr Ward, which he has indicated he intends to exercise.

Ward was ordered to pay for the Government's legal costs in appealing the injunction.

Earlier in the day, King had claimed that the Government would not be following procedural fairness if Ward was expelled from Parliament because there was insufficient detail in Hoenig's letter to Ward, Chief Justice Bell asked: "Are you seriously submitting that the convictions of the counts of serious criminal offences are not conduct unworthy?"

King countered by saying there were “no particulars or fair notice to the MP as to what the case is against him”.

Justice Kirk responded by saying: “There can't be any mystery about it - he was tried publicly on an indictment. He, of all people, must know what behaviour led to his conviction."

King claimed that if Ward were to be removed by Parliament, “he is to be expelled by a kangaroo court”.

He pleaded for the Court to "just wait until the Court of Criminal Appeal deals with the matter".

Craig Lenehan SC, acting on behalf of the NSW Government, said MPs could be expelled from Parliament for a serious criminal offence, referencing the Constitution which state that “nothing in this section affects any power that a House has to expel a Member of the House".

The Government said moves to expel Ward were to protect the integrity of the Parliament and not as additional punishment on top of the court’s verdict.

Ward was released on bail after being found guilty but was taken into custody five days later and will be sentenced on 19 September.

His only public comment since his conviction was a statement released last Friday in which he said he has “provided instructions to my legal team to prepare an appeal at the earliest opportunity”.

He was charged by police three years ago after complaints against Ward from a man, aged 24 at the time, over an incident at Potts Point in Sydney’s east a decade ago.

Ward was also found guilty of indecently assaulting a recently turned 18-year-old at the politician’s Meroo Meadow home in 2013.

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