‘So for us now, it will be a case of reframing our arguments somewhat,’ lawyers acting for the residents said.
A supreme court judge has dismissed a legal challenge to overturn the demolition of Melbourne’s public housing towers.
In January, Inner Melbourne Community Legal (IMCL) filed a class action lawsuit on behalf of nearly 1,000 public housing tenants. They claimed that the state government failed to properly consider residents’ human rights when it decided to demolish and redevelop all 44 of Melbourne’s high-rise public housing.
The state government’s plan, announced in 2023 by former premier Daniel Andrews, would result in the relocation of more than 10,000 residents, who have complained that the relocation announcement has taken both an emotional and physical toll.
Lawyers acting on behalf of the residents argued that the decision to approve the plans was unlawful and denied the residents procedural fairness.
On May 3, Justice Melinda Richards dismissed the claim without providing reasons, stating she would publish the reasons at a later date. In addition, Ms. Richards granted the residents permission to re-file their case if they used different legal arguments.
The judge also suggested that Homes Victoria, the state’s housing agency with the power to act on the decision to demolish the towers, be at the centre of the case.
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Outside court, Louisa Bassini, a solicitor for resident Barry Berih who brought the class action in January, said lawyers were pleased with the outcome, given the case would stay on foot.
“We’re seeking to have residents who live in these towers provided with an opportunity to hear the reasons for the decision to demolish the towers, and we haven’t yet been provided that,” Ms. Bassini told reporters.
“So for us now, it will be a case of reframing our arguments somewhat.”
Mr. Berih has previously criticised the state government’s lockdown of the nine public housing towers during the height of the pandemic’s second wave.
The residents want the decision to demolish the towers to be reviewed and are hopeful there will be an early resolution to the case.
“It’s certainly a decision that many, many people are paying attention to and whose lives are depending on,” Ms. Bassini said.
Existing Towers ‘Fail’ Various Standards: State Government
The state government has previously defended its decision to rebuild the towers, saying that the existing ones “fail against noise, sustainability, waste and recycling, bedroom area dimensions, room depth, ventilation, private open space, accessibility, and minimum amenity standards.”
The towers are set to be replaced by 2051, with five in Flemington, North Melbourne, and Carlton expected to be replaced by 2031.
Of the 484 residents who brought the class action, 427 have already signed relocation agreements.
The future of the case will be decided on May 31, when it returns to court.
In May 2023, the then-Andrews government settled a separate class action brought against it on behalf of 3,000 residents of public housing towers for $5 million (US$3.3 million).
The class action claimed that residents were deprived of access to fresh air, exercise, and occupational activities during the lockdown. It also alleges that residents were left without medication and critical supplies, and were served “spoiled” food.
