Mallard v Homes Victoria

[2025] VSCA 339

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Nature of power
5. › Whether decision affected legally recognised right or interest
6. › Content of procedural fairness obligation
7. › Materiality
8. › Whether obligation to afford procedural fairness arose
9. › Housing Act 1983 (Vic), ss 4, 6, 9, 10, 13, 14, 15
1. Administrative Law
2. › Charter of Human Rights and Responsibilities
3. › Right to home
4. › Whether decision constituted arbitrary interference
5. › Whether interference demonstrably justified
6. › Whether less restrictive means reasonably available
7. › Whether decision-maker complied with procedural limb of s 38(1)
8. › Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7, 13, 38(1)
1. Evidence
2. › Exclusion of evidence
3. › Unfair prejudice
4. › Whether procedural prejudice from inability to access underlying documents constituted unfair prejudice under s 135
5. › Whether evidence should be excluded where underlying reports unavailable due to public interest immunity
6. › Evidence Act 2008 (Vic), s 135

Quick Take

A decision by a public housing authority to demolish and redevelop public housing towers under s 15(1) of the Housing Act 1983 (Vic) does not directly affect tenants' legally recognised rights or interests so as to give rise to an obligation of procedural fairness, because tenants' rights arise under their rental agreements and the Residential Tenancies Act 1997 (Vic), not from the demolition decision itself.