This group proceeding (class action) is brought by Barry Berih (‘plaintiff’) on behalf of tenants living in the public housing towers at 33 Alfred St, North Melbourne; 120 Racecourse Road, Flemington; and 12 Holland Court, Flemington (‘towers’); who were notified in about October 2023 of a plan for the towers to be demolished. The defendant to this proceeding is Homes Victoria. The claim seeks judicial review of what is alleged to be Homes Victoria’s decision to demolish the towers (‘decision’) on the basis that it is invalid and that the defendant acted in contravention of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The plaintiff seeks remedies including an injunction restraining Homes Victoria from implementing the decision, and requiring Homes Victoria to consult tenants in respect of any future decision to develop or demolish the towers.
There is no third party litigation funder involved in this proceeding.
If you are, or you think that you may be a group member, you should read the Notice (a copy of which is below) carefully before taking any further step.
The Notice contains important information about your rights to:
(1) remain in the proceeding; or
(2) opt out of the proceeding.
In summary, if you fall within the definition of a group member:
- Option 1: You may remain a group member. You do not need to do anything.
- Option 2: You may opt out. You will remain a group member unless you take steps to opt out by Friday, 4 October 2024. For further information about opting out, please refer to the Notice below.
The definition of a “group member” is set out in the Notice.
The trial of the proceeding is listed to commence on 28 October 2024 before the Honourable Justice Richards. Please check the Daily List on the day before the hearing date for further details about the hearing arrangements.
Orders of the Honourable Justice Richards made on 12 July 2024
Amended Writ filed on 3 July 2024.
Group Proceeding Summary Statement filed on 24 January 2024.