Evictions loom as housing tower demo appeal tossed

Residents of public housing towers earmarked for demolition are open to eviction after receiving another blow in court.

A class action against the Victorian government’s plan to demolish and rebuild all 44 public housing towers in Melbourne by 2051 was dismissed by the High Court in April.

The first towers scheduled to be evacuated for demolition were those in Flemington and North Melbourne, but the evictions were halted after an appeal was launched.

On Friday the Court of Appeal found that High Court Judge Melinda Richards was not mistaken in ruling that Homes Victoria was not legally obliged to consult residents about the plan.

The plan, announced by former prime minister Daniel Andrews in September 2023, will result in the displacement of more than 10,000 residents.

Homes Victoria staff knocked on every tower resident’s door following the announcement, but residents also learned about the situation through a televised press conference and flyers under their doors.

While residents were not owed procedural fairness, the three-judge panel criticized the state agency’s approach.

Chief Justice Richard Niall said: “The decision to implement the housing policy without consultation has caused serious distress to those living in social housing.” he said.

The court rejected Homes Victoria’s claim for $10,000 in damages for legal costs; Judge Niall said the case was in the public interest and compelling enough to warrant an appeal.

The appeal was led by Inner Melbourne Community Legal on behalf of disabled pensioner Jason Mallard, who has lived in a public housing tower at 120 Racecourse Road in Flemington for 27 years.

More than 91 per cent of families at 33 Alfred Street, North Melbourne, and 120 Racecourse Road and 12 Holland Court in Flemington have already moved into new homes.

Inner Melbourne Community Legal managing lawyer Louisa Bassini said the dismissal of the case cleared the way for eviction notices to be issued to the remaining residents.

“Some of our customers will face the possibility of eviction as we approach the Christmas period,” he told reporters.

After considering Friday’s ruling, Ms Bassini signaled the case could be taken to the Supreme Court, but acknowledged that would leave residents in limbo for even longer.

“It’s been a really tough fight,” he said.

“We constantly asked for documents and were excluded from all decision-making processes.”

The Victorian government maintains the towers cannot be renovated but a parliamentary inquiry found the decision was impossible to justify because it refused to provide all the evidence.

44 Flats United founder and leader R-Coo Tran said the movement is growing and issued a warning that the Allan government will enter a state election year in 2026.

“We will continue to fight against them at every door, on every floor, in every building, in every site until they give up these plans,” he said.

Victoria Greens housing spokesperson Gabrielle de Vietri said the community would stand in the way of bulldozers if necessary.

“This is not the end of the fight,” he said.

Housing Minister Harriet Shing said families deserve homes they can be proud of and accused the Greens of being vocal critics of a housing shortage that has no solution.

“The families who call the towers home deserve better than scare campaigns and misinformation,” he said.