Published on Tuesday, 17 June 2025

Appeal lodged over housing towers demolition

Inner Melbourne Community Legal (IMCL) has lodged an appeal on behalf of public housing towers residents against a Supreme Court of Victoria judgement allowing demolition of their homes to go ahead.

IMCL is representing a new lead plaintiff Jason Mallard and residents of public housing towers in North Melbourne and Flemington in the class action against government agency Homes Victoria.

The class action in the Supreme Court alleged that the Victorian Government has breached the human rights of public housing residents by deciding to demolish 44 towers by 2051 but was dismissed in April.

The appeal is 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. 

Other appeal grounds are based on the inclusion of evidence that ought to have been excluded.

During the proceedings, Homes Victoria was asked to produce expert reports and other documentation to substantiate the decision to demolish the towers rather than to retrofit them but claimed public interest immunity over the documents to protect confidentiality of Cabinet decision-making. The documents have still not been made available to the public on that basis.

Mr Mallard is a disability pensioner who has lived in the public housing tower at 120 Racecourse Road for 27 years.

During previous hearings, IMCL argued that Homes Victoria's decision to demolish the public housing towers in Flemington and North Melbourne was made without regard to the impact on people like Mr Mallard and without adherence to proper processes that the department is required to follow, such as consultation with the residents.

IMCL chief executive officer Nadia Morales said the decision to demolish the public housing towers was made without proper regard for the human rights of residents.

“Thousands of public housing residents are being uprooted from their homes in North Melbourne and Flemington and relocated elsewhere so Homes Victoria can demolish and redevelop the towers,” she said.

“Homes Victoria has failed to recognise these homes are more than a roof over peoples’ heads, they are communities and for many who have experienced trauma a space of security and sanctuary. 

“The government has refused to countenance any alternatives to demolishing these buildings and residents have been asked to accept on face value that they are beyond repair or refurbishment.

“At the very least, they should have been consulted before any decisions were made and given the opportunity to provide feedback about the enormous impact it would have on their lives.

“When they have sought more evidence about how this decision was made, they have been told it is protected by Cabinet confidentiality.

“This entire process has been shrouded in unacceptable secrecy since before the decision was made to demolish the towers.”

Ms Morales said the anxiety and distress felt by residents of the towers had been worsened by the commencement of pre-demolition works this month. The works have now been postponed following community rallies at the site.

“To begin the works while residents were still living in the towers is a continuation of the behaviour by Homes Victoria since the demolition plans were first announced in 2023,” Ms Morales said.

“Residents were given inadequate notice about the works and were effectively told to put up with the inconvenience they would cause.

“Homes Victoria seems to have no problem rushing ahead with building works, but when it comes to guaranteeing renters’ rights they are nowhere to be seen.

“Homes Victoria continues to deny any certainty to residents about their right to return to the estates or to provide any protection of their rights if they are forced to become community housing residents.”

ENDS   

Media contact:   

Mark Phillips - p: 0455 203 258; e: media@imcl.org.au