The CFMEU has filed a challenge in the High Court to laws forcing the construction union to accept administration.
The federal government passed laws with the support of the Coalition to force the union to accept an administrator after it became evident a legal administration process would take weeks or months.
The union faces allegations of consorting with organised crime groups, corruption and "thuggery".
On Tuesday the CFMEU filed a challenge, claiming a forced scheme of administration was unconstitutional and undemocratic because it violated union members' rights to due process.
Prime Minister Anthony Albanese said the legal challenge was entirely expected.
"Surprise, surprise. [Former Victorian secretary] John Setka took our entire national executive to court over him being expelled from the Labor Party," he said.
"That's fully expected. We will stand by our position and the government's position will be defended."
When Workplace Relations Minister Murray Watt announced the legislation to force an administrator, he said the laws had been designed to best withstand a legal challenge by the CFMEU.
The union's former national president Jade Ingham said that legislation had "stolen" the CFMEU from its members.
"The most important people in this are the members of the CFMEU whose voices have been excluded. Members are furious about their union being taken away from them," Mr Ingham said.
"This is active treachery and class warfare against the working class in this country from the state and federal governments."
The former president said the union had launched a crowdfunding effort to support its legal challenge.
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