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NT government hit with class action from housing residents

Remote NT Housing residents have accused the Northern Territory public housing body of failing to maintain safe and habitable housing in the state after filing a class action in the Federal Court.

user iconLauren Croft 19 December 2022 Big Law
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Brought by lead representatives Otto Dann and Eleanor Manakgu from Gunbalanya in West Arnhem Land, represented by Phi Finney McDonald, the claim alleges that the chief executive (Housing) of the Northern Territory public housing body failed to maintain public housing in remote Aboriginal communities.

The class action claim, funded by CASL, states that the housing is not safe, habitable, or secure, with tenants paying excessive rent for housing that does not meet basic minimum standards.

Furthermore, it alleges it was “unconscionable” for the CEO to fail to repair houses, fail to reduce rent where houses were not in good repair and fail to properly explain tenancy agreements, in circumstances where tenants had no other option for housing. The applicants also claim the conduct amounted to unlawful racial discrimination.

Redgum Legal & Consulting solicitor and remote housing advocate Daniel Kelly said the legal action is necessary to hold the government to account and ensure housing conditions are improved.

“The housing crisis has continued in remote communities for years, as have the physical and mental health impacts and the negative effects on education and employment outcomes,” he said.

“The territory government and the Commonwealth government have not communicated plans to bring all housing up to the legal standard, and tenants have no option other than to seek redress through courts.”

Phi Finney McDonald senior associate Madeline White said she hoped the case has far-reaching impacts.

“The applicants are seeking repayment of rent, damages, and orders for repairs,” she said.

“If the case is successful, it has the potential to not only improve housing conditions in the Northern Territory, but in all remote Aboriginal communities in Australia.”

Lauren Croft

Lauren Croft

Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.

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