Victoria’s supreme court has dismissed a class action that was attempting to stop the demolition of Melbourne’s 44 public housing towers, saying it had no real prospect of success.
But the Inner Melbourne Community Legal service, which is leading the case, said it was determined to continue the fight using fresh legal tactics.
All 44 of Melbourne’s high-rise public housing towers will be redeveloped by 2051, with five in Flemington, North Melbourne and Carlton expected to be replaced by 2031.
The project was a key pillar of the state government’s housing statement, unveiled by the then-premier, Daniel Andrews, in September and involved the relocation of more than 10,000 residents.
But some residents want the demolition stopped. Plaintiff Barry Berih is leading a class action against the state government, claiming the redevelopment adversely affects the human rights of thousands of tenants.
In a hearing at the supreme court of Victoria on Friday, Justice Melinda Richards said the case could not go ahead in its current form.
“I’ve concluded that Mr Barry’s claim in its current form has no real prospect of success, and so must be summarily dismissed,” she said.
She did not give her full reasons for the decision but said she had “accepted the [government’s] submissions in relation to the jurisdictional error ground, and in particular, have concluded that the decision is as it’s currently pleaded is not justiciable”.
She said her reasons would be published next week. The class action will have seven days to re-plead.
Inner Melbourne Community Legal’s (IMCL) Louisa Bassini said public housing residents will continue to protect their rights.
“The public housing towers are home to vibrant and diverse communities of people who rely on each other and that housing for their safety and wellbeing. The residents are filled with doubt and uncertainty about their future, and they need answers,” Bassini said.
“They don’t know what will happen to their homes or where they will end up. It’s devastating and traumatic.”
She said at the following hearing, the plaintiffs would submit an argument against Homes Victoria, the government body that oversees social housing, in place of the failed argument that had targeted cabinet.
Homes Victoria did not respond to a request for comment.
Of the 484 residents captured in the class action, 427 have already signed relocation agreements.
Priya Kunjan from RMIT’s Centre for Urban Research said there had not been a “clear justification” about why the towers needed to be demolished.
Last year, Kunjan along with six other academics from RMIT released a paper showing the government had not put forward a proper justification and that the redevelopment plan would exacerbate the housing crisis in the state in a short time.
“This policy, however, will not realise a net gain supply within the next decade, given the simple fact that hundreds of public housing dwellings will be destroyed before the lengthy rebuild program returns any housing to these sites,” they said.
“This is occurring alongside a rapid increase in applicants to the Victorian Housing Register (social housing waitlist), rapid growth in private rental households approaching the specialist homelessness service, rising rents and unaffordability, and decreased funding for crisis services.”
Kunjan said there had been a lack of “transparency and accountability” from the government about “the decisions that have been made to demolish and redevelop the towers”.
“Residents found out about this pretty much the day that the announcement was made by a state government,” they said.
“There’s this real ongoing concern about lack of consultation with residents, people’s voices haven’t been heard and decisions being made, you know, without robust consultation with the community.”
The matter will return to court on 31 May.
With AAP
