Public housing class action dismissed

Residents of three public housing towers in Flemington and North Melbourne have lost their class action against the state government.

On April 4, Supreme Court Justice Melinda Richards ruled that the government had no obligation to consult with residents before making the decision to demolish their homes.

The residents and their legal representatives Inner Melbourne Community Legal (IMCL) are still considering whether to appeal the decision.

“While we respect the court’s decision it was very disappointing and disheartening for the residents,” IMCL managing lawyer Louisa Bassini told North West City News.

The class action sought to establish that the decision by the government to replace the towers was procedurally unfair and infringed upon residents’ human rights.

In 2023 the state government announced that the three towers would be among the first of 44 high-rise public housing towers around the city to be demolished. Residents were not notified or consulted before the announcement.

Lead plaintiff Barry Berih has lived at 33 Alfred St in North Melbourne for most of his life. In September 2023 he found out his home was slated for demolition while watching the news on TV.

“I hope to see more engagement with the community before making this kind of announcement next time,” Mr Berih said.

In a statement Minister for Housing Harriet Shing said, “we’ll continue to work carefully and respectfully with residents to provide them with the information and support they need to make the decisions that are right for them – before, during, and after the relocation process.”

Lawyers representing the government indicated in court that they would be making submissions to pursue Mr Berih for the cost of their defence.

Minister Shing did not indicate whether any of the issues raised in the case would prompt the government to reconsider the way it engages with public housing communities.

Instead, Minister Shing emphasised that the Supreme Court had found the redevelopment program “lawful, reasonable, and justified”.

Under the government’s “ground lease model”, publicly owned sites are to be leased to private developers who will build a mix of community, affordable and market housing. •