Class Action
Public housing class action against the Victorian Government
The Victorian Government made the decision to retire and redevelop all public housing towers across Melbourne by 2051 on 18 September 2023. Inner Melbourne Community Legal ("IMCL") filed a class action on behalf of public housing residents in North Melbourne and Flemington against Homes Victoria over the decision.
What happened in the class action trial?
IMCL argued in the Supreme Court of Victoria that Homes Victoria's decision to demolish the public housing towers in Flemington and North Melbourne was made without regard to the policies and procedures it is required to follow. It was also argued that Homes Victoria did not properly consider the residents’ human rights before it made the decision and compatible with the Charter of Human Rights and Responsibilities Act 2006 (Vic).
The class action documents can be found on the Supreme Court of Victoria's website.
In July 2024, the Supreme Court issued orders for the class action to proceed to trial.
In its defence, Homes Victoria said its proposal for the redevelopment of 44 public housing towers across Melbourne was based on the understanding that the towers could not be refurbished. They said the decision was based on documents that could not be shared with the Court because they are Cabinet documents and therefore could not be released.
On 4 April 2025, the Court ruled that the government did not have a legal requirement to consult prior to making the decision to demolish the towers and that the interference with the human rights of the residents was reasonable and justified.
IMCL lodged an application to appeal the Supreme Court decision on 13 June 2025.
The appeal was made on six grounds, including that the judge erred in finding that Homes Victoria had discharged its responsibilities under the Charter of Human Rights and Responsibilities Act, and that it wasn’t required to provide residents with an opportunity to be heard.
Despite acknowledging the disruption that has been caused to lives of residents, the Victorian Court of Appeal ruled in favour of the original decision on 19 December 2025.
High Court appeal
The final avenue to overturn the Supreme Court decision is by appealing to the High Court of Australia.
On Thursday, 14 May 2026, the High Court granted special leave to appeal. The date for the hearing has been set for 7 October.
IMCL will argue that the state government was required to afford procedural fairness to those living in the towers and it failed to do so.
Residents can stay in their homes
Residents who remain living in the towers can continue to do so without threat of eviction, as an injunction was granted by the Victorian Court of Appeal on 5 February restraining Homes Victoria from issuing any notices to vacate until the legal matters have been finalised.
A two-page information sheet has been prepared for public housing residents who have questions about their rights during the demolition and relocation. Download a copy here.
Public housing residents can contact IMCL for free legal advice on (03) 9328 1885 or by email at info@imcl.org.au.
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