Government fights to throw out tower residents' case

All 44 of Melbourne’s high-rise public housing towers are set to be redeveloped by 2051.

The Victorian government is fighting to get a class action against the demolition of public housing towers thrown out of court, claiming residents’ arguments are hopeless.

All 44 of Melbourne’s high-rise public housing towers are set to be redeveloped by 2051, with five in Flemington, North Melbourne and Carlton expected to be replaced by 2031.

The project was a key pillar of the state government’s housing statement unveiled by then-premier Daniel Andrews in September, and would lead to the forcible relocation of more than 10,000 residents.

Some residents want the demolition stopped and say their human rights were not properly considered, with plaintiff Barry Berih leading a class action against the state government in the Supreme Court of Victoria.

Legal counsel for the state government on Tuesday said the legal fight was destined to fail because none of the plaintiff’s arguments had any merit.

Liam Brown SC said the housing statement was simply a proposal – not a plan – and did not purport to have any legal effect, negating residents’ argument it impeded on their rights.

Of the 484 residents captured in the class action, 427 have already signed relocation agreements.

“(There is nothing about the housing statement) that authorises or requires any person to do anything,” Mr Brown told the court.

“It’s a statement of future government intent and that’s it.”

The housing statement, which was a cabinet decision, could affect tenants’ rights down the track but authorities would consider and deal with them then, Mr Brown said.

Residents also falsely claimed cabinet usurped Homes Victoria when it decided on the policy, and the policy had no real bearing until it was actually implemented, the barrister said.

“It’s high-level and it will necessarily need to be developed, fleshed out and changed,” Mr Brown said.

He also argued cabinet was also not technically a public authority in what Justice Melinda Richards described as “an extraordinary submission”.

The state government has applied for the class action to be dismissed and, if that fails, for it to go ahead but as a one-plaintiff legal fight rather than a class action.

Lawyers for the government claimed there was no way Mr Berih could get a perpetual injunction stopping the towers’ demolition.

The defendants in the matter are the state government, Housing Minister Harriet Shing and Homes Victoria.

The matter continues.