The Victorian government is forging ahead with plans to demolish three public housing towers subject to a class action seeking to stop the redevelopment.
The move was described by a lawyer for residents as an example of them being “treated as an afterthought”, after the supreme court ordered the class action could proceed to a two-day trial this month.
Inner Melbourne Community Legal said it was notified by the Victorian government solicitor’s office that Homes Victoria – the body that oversees social housing in the state – would sign a contract for demolition works to commence “on or after 19 July”.
It said the contract would apply to the first three occupied towers slated for demolition that are the focus of the class action – 33 Alfred Street and 120 Racecourse Road in North Melbourne, and 12 Holland Street in Flemington.
The letter from the solicitor’s office did not provide details on the order in which the towers would be demolished.
Louisa Bassini, the managing lawyer at Inner Melbourne Community Legal, said it was disappointing the government was “steamrolling ahead” with plans to raze the buildings despite the ongoing class action.
“The project just continues to be rolled out in this really hastened and forceful way,” Bassini said.
“The concerns of the residents have been treated as an afterthought from the outset. Even now, when the courts are about to review this … they’re proceeding at full pace.
“It is, to us, evidence of them being determined to proceed regardless of what residents or the courts might have to say.”
The redevelopment of the state’s 44 high-rise public housing towers was a key pillar of the state government’s housing statement, unveiled by the then premier, Daniel Andrews, last September, and would involve the relocation of more than 10,000 residents.
But according to the plan only 11,000 of the 30,000 people living at the estates by 2051 would be in “social housing” – an increase of just 10% on today’s figures. The remaining 19,000 residents were expected to be private owners and “affordable” housing tenants.
Even those within the Labor party ranks have been pushing for an increase in the amount of social housing on the estate.
The residents’ class action was launched in January but faced a setback in May. At the time, the supreme court justice Melinda Richards rejected their lawyers’ argument that government and the housing minister, Harriet Shing, should be defendants.
The court last week ordered the class action could proceed to a two-day trial, to begin on 28 October, after lawyers acting on behalf of the residents reframed their legal argument.
Homes Victoria is now listed as the sole defendant. The court will consider whether the body made the decision to demolish the towers properly and with appropriate consideration for the human rights of residents.
Bassini said most residents had been pressured to move out of their homes, and made to feel there was no other option. She said it remained unclear whether they will be able to move back on to the estates once they are redeveloped.
“If Homes Victoria was serious about people being able to return to their homes, not being worse off by being moved to community housing, then they would be signing deeds that assure people of that and give them a mechanism to enforce it,” Bassini said.
The lead plaintiff, Barry Berih, has lived in the Alfred Street tower for 25 years. He said he was “relieved” the case was going to trial.
“The government didn’t talk to us before they made the decision and they still aren’t telling us everything about what is going to happen,” Berih said.
“This is taking a huge toll on me and the public housing community. We don’t know what is happening to our homes, when and where we will go.”
In a statement, Homes Victoria said it would be “inappropriate to comment further” as the matter was before the courts.
Homes Victoria has previously told the court no notices to vacate will be issued in relation to the three towers before 1 January 2025.
• This story was amended on 18 July 2024, to clarify that residents felt pressured to move out, rather than having already done so.
