Published on Wednesday 30, October 2024

Public housing residents face further uncertainty with class action adjourned

Joint media release

MELBOURNE, VICTORIA: The community legal centres have heard from public housing residents across Melbourne who are concerned they must wait for clarity about Home Victoria’s proposed demolition of their homes and how it will affect them after the class action trial was adjourned yesterday.

The Supreme Court of Victoria made the decision to adjourn the matter because Homes Victoria does not want to produce a Cabinet submission that could explain the reasons behind Home Victoria’s decision to demolish all public housing towers in September 2023.

Inner Melbourne Community Legal is running the class action on behalf of the residents living in the Flemington and North Melbourne public housing towers, the first of the inhabited high-rise towers due for demolition.

"Public housing residents in Flemington and North Melbourne are finally having their voices heard in court. But they're worried about what yesterday's delay might mean for their communities and the continued pressure from Homes Victoria to take up community housing," said Nadia Morales acting CEO at Inner Melbourne Community Legal.

It is not a small number of residents in North Melbourne and Flemington that are concerned about the government’s plan to demolish their homes. Around 10,000 people live in 44 public housing across Melbourne and the class action has implications on everyone.

"We have been deeply concerned by the insufficient consultation with residents, and the inadequate information Homes Victoria has provided residents about where they will be moved to, whether they have a substantive right of return, and if so what conditions will apply to it" Hamish McLachlan, CEO at Fitzroy Legal Service said.

"Residents of the towers in the City of Yarra and Darebin have spoken to us of the distress they feel at the prospect of their demolition. The towers are more than just buildings. They are people's homes, located in their communities. Nobody deserves to lose their home for or be displaced from their community without being provided with clear reasons," Mr McLachlan said.

“Southside Justice hosted its first public housing forum on 28 October in response to the recent announcement regarding the redevelopment of 259 Malvern Road in South Yarra. We met with a full room of 70 concerned public housing residents, who expressed fears about having to leave the estate and their community, feeling that the Victorian Government has not included them in the consultation process," said Mel Dye, CEO of Southside Justice.

"At one point, dozens of public housing residents were chanting "We won't go. We won't go". It's clear that public housing residents want to remain on the estate, and are calling for the Victorian Government to invest in properly maintaining their homes," said Lloyd Murphy, Housing Justice Lead at Southside Justice.

"Human rights are universal. Community Legal Centres are embedded in communities and play a crucial role in bringing issues affecting communities before the court," said Louisa Gibbs, CEO at the Federation of Community Legal Centres.

Only five from 489 households in Flemington and North Melbourne have opted out of the class action, which is evidence this is not a small group of people. Public housing residents who attended a packed Supreme Court of Victoria expressed their disappointment, worry and concern over the ongoing legal uncertainty around their housing.

Today's delay means that residents will likely have to wait until next year to get the answers they deserve and find out whether they will finally have a say in the future of their homes.

A separate hearing will be held after November 26 to decide whether Homes Victoria will produce the documents for the Court to determine whether decision-makers properly considered residents' human rights.

Background  

Inner Melbourne Community Legal (IMCL) works for inclusive and safe communities and the full realisation of human rights, which includes advocating for systemic change in law.  

Media Enquiries  

For further information:  

Nadia Morales, Inner Melbourne Community Legal  

(03) 9328 1885 or nadia.morales@imcl.org.au