Housing Towers Demolished by Wrecking Ball Following Court Rejection of Bid
Public housing residents are considering appealing a court decision that condemns dozens of towers to demolition.
Barry Berih, a resident of a North Melbourne tower, initiated a class action against the Victorian government in January 2024, alleging improper processes were followed in the decision to demolish 44 high-rise complexes.
On April 4, Supreme Court Justice Melinda Richards rejected Berih’s case, stating that Homes Victoria must take action to address the ongoing deterioration of the towers, and that the government’s plan is aimed at achieving that goal.
All the towers, managed by Homes Victoria, are set to be redeveloped by 2051, with five in Flemington, North Melbourne, and Carlton expected to be replaced by 2031.
Inner Melbourne Community Legal, representing Berih, intends to review the judgment for possible grounds for appeal, with managing lawyer Louisa Bassini commending his efforts and the residents despite the unfavorable outcome.
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“They have been passionate about asserting their legal rights and committed to this process—it has been the only recourse available to have their voices heard,” she said.
Berih had sought to invalidate and deem unlawful the decision to demolish the towers, citing Homes Victoria’s failure to solicit resident feedback, lack of proper consideration, and human rights violations.
Justice Richards concluded that Homes Victoria was not obligated to provide residents an opportunity to express their views, and that the outcome would likely have been the same even with their input.
The judge determined that Homes Victoria adequately considered human rights in its decision-making process, deeming its implementation of the government’s plan lawful, reasonable, and justified.
However, she acknowledged that the decision infringed on residents’ human rights by not providing prior notice or consultation, impacting their sense of security and community in the towers.
The redevelopment project is a significant component of the Victorian government’s housing statement, necessitating the relocation of over 10,000 residents.
Housing Minister Harriet Shing assured residents that despite the dismissal, they would have the right to return once the towers are reconstructed.
“Melbourne’s high rise towers are aging and in need of redevelopment to ensure their longevity,” she stated.
Victorian Greens leader Ellen Sandell expressed disappointment for the courageous North Melbourne and Flemington residents and indicated that the battle was far from over.
