Class Action Launched
Slater and Gordon have initiated a class action in the Federal Court of Australia, representing thousands of tenants living in substandard public housing in remote communities across Western Australia (WA). The launch of the class action follows an extensive investigation undertaken with Australian Lawyers for Remote Aboriginal Rights (ALRAR).
What’s the problem with housing in WA?
Landlords must provide housing which is safe and secure. However, Aboriginal tenants in public housing across remote areas of WA are provided houses with serious and ongoing issues, despite paying significant amounts of rent.
In mid-2023 and early 2024, Slater and Gordon visited several remote Aboriginal communities in WA to meet with tenants. Key issues reported by tenants include:
- unsafe drinking water;
- inadequate cooling and insulation;
- holes in roofs;
- missing doors and door locks;
- broken basic facilities, like showers and stoves;
- failing to carry out important repairs to ensure housing is safe;
- taking too long to conduct repairs.
These conditions are unacceptable, and compromise the safety, security and comfort of residents.
The case
This class action highlights the severe issues with public housing in WA. The class action will seek to enforce tenants’ rights in remote Aboriginal communities across WA and ensure housing is provided in accordance with the law. The case alleges the public housing landlord:
by not upholding its obligations to tenants under tenancy agreements.
by providing housing which was not reasonably fit for purpose.
by supplying substandard housing under conditions unfair to a vulnerable group.
by providing housing to Aboriginal tenants different and less-favourable terms to non-Aboriginal tenants.
The class action will ask the Court to mandate necessary repairs and improvements to houses in remote communities across WA, and will seek compensation for affected tenants.
Who is included?
The class action includes any Australian Aboriginal persons who, from 1 July 2010 to 1 December 2025, have held a tenancy agreement with the Western Australian Housing Authority or the State of Western Australia to lease a property located in one of the following regions of WA:
- East Kimberley
- West Kimberley
- Pilbara
- Wheatbelt
- Mid-West
- Gascoyne
- Goldfields-Esperance
The class action includes Aboriginal tenants' living in public housing living in remote towns like Broome, Derby, Kununurra and Exmouth.
Eligible family members and legal representatives will have the opportunity to register to receive compensation on behalf of deceased tenants, who are also included in the claim.
Who are the lawyers?
Slater and Gordon is a social justice law firm that is dedicated to providing better access to justice for everyday Australians. It has led some of Australia's most significant public interest cases, including the Manus Island Class Action and the Fairbridge Farm Class Action.
Slater and Gordon are working on this class action with ALRAR, the legal team behind an important test case which recently won a High Court challenge in relation to housing rights for Aboriginal tenants living in a remote community in the Northern Territory.
Slater and Gordon are also engaging Redgum Legal and Consulting to provide specialist advice and services in relation to working with remote communities.
Do I need to pay anything?
No, you will never need to reach into your own pocket to pay for the legal fees.
What do I need to do?
You can sign-up for updates and we will tell you about important deadlines, including when you might need to register for compensation. You can click the button below or call/SMS the following number: 0478 854 532.
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