Published on Thursday, 05 February 2026

Injunction sought to prevent public housing evictions

Lawyers for public housing tenants in North Melbourne and Flemington will today seek a court injunction to prevent Homes Victoria from evicting any remaining residents until an appeal can be heard in their class action challenging the demolition of their homes.

The Victorian Court of Appeal will be asked to grant an order restraining Homes Victoria from serving on the remaining tenants in the three buildings any notices to vacate until an application for special leave to appeal has been dealt with by the High Court.

Inner Melbourne Community Legal understands that about 32 households are still living in the towers who have declined offers to relocate. Homes Victoria is currently planning to begin evicting residents towards the end of February.

Lead plaintiff Jason Mallard has instructed his lawyers that he wishes to appeal against the Victorian Court of Appeal’s decision in December to allow the demolition and redevelopment of Melbourne’s 44 public housing towers to go ahead.

An application to seek special leave to appeal must be lodged with the High Court by 11 February 2026.

Comments attributable to Louisa Bassini, Managing Lawyer – Housing and Tenancy, Inner Melbourne Community Legal:

“Several dozen households are still living in these three towers and they should not be forced to move until these legal matters are resolved.

“Those households have rejected offers to relocate because they want to stay in their homes and neighbourhoods where they feel connected to their community and to essential services, including health care and public transport.

“Homes Victoria is continuing to press ahead with this program by last week announcing the demolition of a further seven buildings including three in the same area despite widespread opposition from residents and their supporters and while important legal questions remain unanswered.

“This approach sidelines the views of those most affected by the decision, and their right to have the decision legally tested.

“Homes Victoria should hold off any further public housing demolition and redevelopment plans until these legal matters are resolved.”