Public housing towers class action to proceed to trial 

The Supreme Court of Victoria has issued orders for the historic public housing class action to proceed to trial in October. 

The court will consider whether Homes Victoria made the decision to demolish the towers properly and with appropriate consideration for the human rights of the people whose homes will be destroyed. 

The residents argue the decision to demolish 44 public housing towers was made without regard to the policies and procedures that Homes Victoria is required to follow, and therefore the decision should be remade. 

The Court’s decision provides some relief for residents despite Homes Victoria confirming its intention to proceed with the demolition, with the agency notifying Inner Melbourne Community Legal (“IMCL”) that it will sign a contract to raze the towers on or after July 19, 2024. 

Homes Victoria also has obligations under the Charter of Human Rights and Responsibilities 2006 (Vic) (‘the Charter’). Residents will argue that Homes Victoria failed to consult with them about its plans or consider their human rights. 

IMCL’s managing lawyer Louisa Bassini said this was significant for people living in public estates across Melbourne. 

“The Victorian Government has fought tooth and nail to stop this trial from proceeding. Residents can now be confident that the decision to demolish their homes will be properly considered by the courts,” Ms Bassini said. 

“Homes Victoria’s intention to enter a contract for demolition by the end of this week demonstrates a lack of regard for the arguments residents are putting to the court.” 

“Public housing residents have been treated as an afterthought in the Government’s plans. The determination to proceed with demolition contrasts with Homes Victoria’s lack of transparency about what their plans are for the estates or commitment to rebuild public housing.” 

Ms Bassini said Homes Victoria had failed and was still failing to ensure that residents who were being relocated had legally enforceable rights and protections. 

“Families in public housing estates are feeling pressured to leave their homes with no certainty of what they are moving into, and whether they will be able to return to public housing and the communities they depend on,” Ms Bassini said. 

About Inner Melbourne Community Legal  

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 many areas including police accountability. •