Public housing towers class action judgement

 

Public housing towers class action judgement    

 

MELBOURNE, VICTORIA: Lawyers acting on behalf of the public housing towers residents and lead plaintiff Barry Berih will review today’s Supreme Court judgement before deciding if it should be appealed.  

 

Inner Melbourne Community Legal (IMCL) is representing Mr Berih and residents of public housing towers in North Melbourne and Flemington in a class action against the Victorian Government department Homes Victoria. 

 

IMCL argued that Homes Victoria's decision to demolish the public housing towers in Flemington and North Melbourne was made without regard to the proper processes that the department is required to follow, such as appropriate consultation with the residents including failing to consider their human rights.   

 

Today the Supreme 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 Managing Lawyer Louisa Bassini said: 

 

“While we respect the court’s decision it was very disappointing and disheartening for the residents, many of whom were in court and streaming the decision today,” she said.  

 

"The legal team and Mr Berih will now consider the judgement in full and if there are any grounds for appeal.” 

 

Ms Bassini thanked lead plaintiff Barry Berih and all residents who provided evidence, shared their experiences and insights, and rallied during the proceedings.   

 

 

 

“The efforts that the Mr Berih and the residents have gone to is to be commended. They have been passionate about asserting their legal rights and committed to this process – it has been the only recourse available to have their voices heard.” 

 

IMCL Chief Executive Officer Nadia Morales said the organisation would continue to support impacted residents.   

 

“We will assess options for appeal and continue to provide legal help to individual residents whose long-term housing legal rights are under threat under this process.  

 

“In addition to acknowledging the significant impacts of relocation on the public housing tenants being displaced, the government should take greater steps to mitigate the disruption that is already underway and protect their rental rights,” Ms Morales said.  

 

“The residents are seeking to keep their communities together and to stay close to their essential services, including healthcare, schools, work and community spaces.  

 

“Regardless of the court’s ruling the government needs to do better in relation to the treatment of those impacted by the decision. We will continue to work with residents to preserve their rights.  

 

“We are immensely proud and honoured to have been able to walk alongside this community to have their voices heard,” Morales said.  

 

ENDS   

 

Media contact:   

For further information or to arrange an interview contact IMCL Managing Lawyer Louisa Bassini contact Angela Bell on 0430 355 554.  

 

Background: 

IMCL initiated the class action against Homes Victoria in January 2024, on behalf of the residents in the public housing towers in North Melbourne and Flemington. The trial commenced in October 2024, but it was adjourned awaiting a determination as to whether relevant documents were immune from disclosure on a public interest basis. That determination was made earlier this month. The final hearings were held yesterday and concluded today.