Mr Spence said that meant there was no prospect of a court decision before the next federal election.

However, he said there was a good chance the party would win the challenge.

"The decision was made on Wednesday evening this week, when I received advice that if I was to do the job of LNP president that needs to be done [in the lead-up to the election], that I was at extreme risk of going to jail for two years," he said.

Mr Spence will resign as president at the next meeting of the state executive on Tuesday.

LNP vice-president David Hutchinson is understood to be a contender for the role.

LNP leader Deb Frecklington thanked Mr Spence for his service.

"Mr Spence is passionate about the LNP and his work to merge the party and his service should never be forgotten," she said.

"I wish him, his wife Sabrina and his family all the best for the future."

More to come...