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Dismissed public housing class action could be restarted
A class action to prevent the demolition of Melbourne’s public housing towers was thrown out of the Supreme Court, but there is still time for the residents to breathe new life into the proceedings.
Naomi Neilson
The court’s decision paves the way for the Victorian government to move ahead with its plan to tear down 44 high-rise public towers by 2051 to triple the number of residents who can live there.
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Resident Barry Berih attempted to stop this by arguing that the cabinet decision to demolish went against legislation.
In reply, the government said the towers “fail against noise, sustainability, waste and recycling, bedroom area dimensions, room depth, ventilation, private open spaces, accessibility and amenity standards”.
With the new build, 30,000 people will receive new housing.
Of the 484 residents currently involved in the class action, 427 have signed agreements to relocate.
Justice Melinda Richards agreed with the government’s submissions in relation to the jurisdictional error ground and concluded the class action “as currently pleaded is not justiciable”.
“I have concluded that Barry’s claim in its current form has no real prospect of success, and so must be summarily dismissed,” she said.
It may not be the end of the class action, with the applicants flagging that they still have time to submit an alternative argument against Homes Victoria, the government body that oversees social housing.
They have until 31 May to make this move.
More to come.
