The Elgin Towers Carlton

Victorian Supreme Court ruling by Justice Andrew Keogh undermines challenge to Victorian public housing demolition.

This is a trial concerning the Human Rights of at least 10,000 of Victoria`s most vulnerable people. The documents presented by Homes Victoria Inc were paid for by the Victorian Tax payer.

How is it that Judge Andrew Keogh has the right to make those documents immune and hide them from the eyes of the Victorian people. Particularly in a trial where the court is considering a breach of the Victorian Charter of Human Rights?

Note Section 24 of The Victorian Charter of Human Rights states:

Fair hearing (1) A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

Keogh concluded: “The public interest in disclosing the documents weighs more heavily in the circumstances of this proceeding, which concerns the housing rights of vulnerable community members. However, taking into account the above matters,

” I conclude that the public interest in disclosure of the documents is not sufficient to outweigh the public interest in maintaining the confidentiality of Cabinet documents relating to a matter that is current and controversial.”  (See attachment 1 Ruling of Keogh J (10 February 2024)

The ruling is another demonstration of the determination of governments and the courts to shield cabinet discussions from public scrutiny and thus stifle opposition.

Is the ruling by Judge Andrew Keogh a breach of section 24 of the Victorian Charter of Human Rights?

The decision by Judge Andrew Keogh is of concern to every Victorian Citizen who cares about the integrity of government decisions. The transfer of Victoria`s largest public asset into the hands of private property developers by Homes Victoria must be transparent.

The Victorian public have the right to know the reasons for this transfer and that the decisions made by Cabinet have not been made to favour vested interests and have not been corrupted.

The documents that are being hidden by the government and Homes Victoria in collaboration with the Victorian Supreme Court were prepared by the following private firms engaged by Homes Victoria at the expense of the citizens of Victoria.

Members of the property council

  • Aurecon Australasia Pty Ltd
  • Cushman & Wakefield
  • Beca
  • Hayball
  • KPMG

Note: Every consultant engaged by Homes Victoria specialises in Engineering, Property Development and Finance, the domain of The Property Council of Australia. The majority of the consultants who prepared these secret reports are members of the Property Council. There were no reports from consultants such as “Office” (See attachment 2 Retain Repair Reinvest) recommending the advantages and cost savings of renovating and retrofitting the public housing towers, there were no reports evaluating the damage and disruption to the lives of the people and the communities who live in the towers. There are also two reports contained in the submissions which also advocate for renovation and retrofitting the towers (see attachment 3 062.1.-save-public-housing-collective attachment 4 047.2-the-retrofit-lab-the-university-of-melbourne, attachment 5 047.1-the-retrofit-lab-the-university-of-melbourne Submissions number 62 and 47)

I have included a link to my original submission to the Parliamentary Inquiry into the redevelopment and demolition of Melbourne`s public housing towers. (Legislative Council Legal and Social Committee) since my submission no 50 has many links within it that have been made inoperable? Very strange, but predictable!  https://www.lawyersorgraverobbers.com/web2/demolition-of-melbournes-public-housing-towers/

Report by Approval Systems, (See attachment 6). When one reads this report carefully being a person who is familiar with the red brick towers it becomes clear that the agenda to demolish was preconceived.

The report by Hayball architects Titled Red Brick Towers 20 Elgin Street and 141 Nicholson Street Carlton Feasibility Study and Option testing, (See attachment 7), also commissioned by Homes Victoria further confirms the preconceived plan to demolish the towers. 

The reports commissioned by Homes Victoria by Delta Group, Creo Consultants and Members of the property council, Aurecon Australasia Pty Ltd, Cushman & Wakefield, Beca, Hayball, KPMG and kept secret by Judge Andrew Keogh would confirm the pre-ordained decision by the Victorian Government to transfer one of Victoria`s largest public assets into the hands of private property developers.

If this is the reality then we are staring at one of the largest corrupt events in the history of Victoria and one Judge in The Supreme Court of Victoria is permitted to make the decision to hide the truth from the public under the guise of protecting the public interest as stated in Judge Andrew Keogh`s judgement “I conclude that the public interest in disclosure of the documents is not sufficient to outweigh the public interest in maintaining the confidentiality of Cabinet documents relating to a matter that is current and controversial”

I thought we lived in a contemporary democracy where the separation of powers between executive, judiciary and the parliament are the foundation blocks for stable and honest government, sorry not so. The reports commissioned by Homes Victoria were composed by a number of engineering, building, property consultants a majority of whom are members of the property council of Australia.

Background of the companies that were commissioned by Homes Victoria.

 Approval Systems

Led by Joe Zita, who has over 30 years’ building surveying experience, the team at Approval Systems comprises a group of highly qualified and skilled building surveyors and code consultants with expertise across a broad range of projects and sectors. 

Delta Group

Delta Group is one of the largest diversified contractors of our type in the world today. From civil construction and demolition works to recycling and hazardous waste removal; transport logistics and heavy equipment rental to environmental management services and specialist design and construction – we have the financial, organisational and operational capacity to manage hundreds of projects at any one time, Australia wide. With 40 years of experience, over 680 staff and a fleet of more than 888 specialised plant and equipment, our expertise has been proven in some of the world’s most challenging environments and our safety record is second to none. Our clients don’t just benefit from our single source project solutions and triple certified integrated QSE management systems, they benefit from a culture of collaboration and innovation that allows our people to make the most of their remarkable skills and experience. It’s why we have such an enviable track record of success and how we continue to shape the urban and industrial landscapes of tomorrow.

Creo Consultants

We simplify complex engineering challenges

We know that navigating complex engineering projects can be overwhelming, which is why we’re here to simplify the process. With our team’s expertise and innovative approach, we’re committed to delivering results that are both cutting-edge and user-friendly.

We put you at the centre of our expertise

We’re engineers, but we know success is built on more than technical excellence, it’s built on strong relationships and understanding the needs of our clients. Our people-first approach prioritises effective communication, collaboration and understanding.

Creativity and innovation is in our DNA

We’re a team of creators. We embrace the challenges that come with each project, turning them into opportunities for innovation. Our holistic approach ensures seamless integration of your ideas with leading engineering solutions.

The Creo experience

By sharing and investing in your goals, challenges and aspirations, we ensure that our engineering expertise adds real value to the outcomes of your project. We take pride in the knowledge that what we’re doing makes a real difference to people in the community every single day.

Members of the property council

Aurecon Australasia Pty Ltd

Bringing ideas to life

                                                                                                                                                                        Aurecon is a design, engineering and advisory company. Our purpose is bringing ideas to life, to imagine and co-create with our clients a better future for people and the planet.

Our strength lies in how we bring together our design, engineering and advisory capabilities to provide our clients with integrated solutions across the entire asset lifecycle. From shape and plan – design and deliver – operate and optimise – to close and transform, Aurecon designers, engineers, scientists and advisors work with our clients across markets and asset types, to tackle some of the world’s most complex challenges.

Our purpose is bringing ideas to life, to imagine and co-create with our clients a better future for people and the planet.

Our culture of ‘Believe it. Say it. Do it.’ reflects our deep commitment to our clients and each other to build trust and create a better future together. We are a team who place eminence, digital and innovation at the core of all we do.

We are an owner managed company operating across Asia Pacific with a strong presence in Australia, New Zealand, and multiple countries in Asia.

Cushman & Wakefield

Cushman & Wakefield Inc. is an American global commercial real estate services firm.[1] The company’s corporate headquarters is located in Chicago, Illinois.[2]

Cushman & Wakefield is among the world’s largest commercial real estate services firms, with revenues of US$9.5 billion in 2023. The company operates from approximately 400 offices in 60 countries, has around 52,000 employees and manages about 5,100 million sq ft (470 million m2) of commercial space.[3]

Beca

Our clients do incredible things every day. They are transforming communities and changing lives, and we are right there beside them.

Beca is one of Asia Pacific’s largest independent advisory, design and engineering consultancies. After a century of operation, we have grown from a family-owned business to one of the most progressive, client-centric professional services consultancies in our region. We have more than 4,000 employees in 25 offices around the world and have delivered projects in more than 70 countries.

‘Creative people together transforming our world’ is our vision. It reflects our culture, our aspirations and our purpose – to make every day better. We create value through understanding and delivering successful solutions, exceptional service and our enduring relationships and use our skills and systems to empower innovation; helping our clients shape communities, optimise their assets and streamline their operations.

Our employee-ownership model remains key to our future. It underpins our commitment to building and sustaining long-term relationships with our clients, it helps drive our positive, purpose-driven and growth-oriented culture, it sets us apart from our competitors, and it gives meaning to our social contract.

While our experience has been 100 years in the making, it is the fresh talent we’re nurturing, the innovative thinking we’re developing and the connections that we’re forging that get us most excited for the future.

Hayball

Hayball is a national architectural practice with a strong focus on culture, community and learning.

KPMG

KPMG International Limited[2] (or simply KPMG) is a British multinational professional services network, and one of the Big Four accounting organizations, along with Ernst & Young (EY), Deloitte, and PwC. The name “KPMG” stands for “Klynveld Peat Marwick Goerdeler”.[3] The initialism was chosen when KMG (Klynveld Main Goerdeler) merged with Peat Marwick in 1987.[4]

KPMG is a network of firms in 145 countries with 275,288 employees.[1] It has three lines of services: financial audit, tax, and advisory.[5] Its tax and advisory services are further divided into various service groups. In the 21st century, various parts of the firm’s global network of affiliates have been involved in regulatory actions as well as lawsuits.[6][7]

“KPMG, a global accounting company, was paid more than $150,000 to June 2024 for “High Rise Redevelopment Communications and Engagement—engagement with renters.” KPMG was also paid $300,000 from May 2024 to December 2024 for “High Rise Redevelopment Market Research to provide strategic insights based on research findings.”

Which leads to the question”

  • Did Judge Andrew Keogh get to read these reports before he made his decision to keep them secret?
  • Will the Parliamentary Inquiry into the redevelopment and demolition of Melbourne`s public housing towers (Legislative Council Legal and Social Committee) obtain access to these so-called immune documents?
  • So far there is only one of these documents that is accessible, the one written by Joe Zita of Approval Systems which sets the ball rolling for the demolition of all 44 public housing towers by knit picking the building codes to justify the demolition of the Elgin Towers.
  • Note there is not one single report submitted to Cabinet proposing the renovation and refurbishment of the 44 public housing towers which would save a few billion dollars, reduce the environmental impact significantly and minimise the disruption to the 10,000 people`s lives who live in the towers.

“This is noicide. The destruction of the human mind, its knowledge and its wisdom (from the Greek: nous, noos).

It heralds a new Dark Age in human history, one where money and raw power will do its very best to ensure the truth is dead and there will never be a new Enlightenment or Renaissance.

Unless we all fight back.”

Yours Sincerely

Diarmuid Hannigan.

Article Australia: Court ruling undermines challenge to Victorian public housing demolition

Margaret Rees

4 March 2025

https://www.wsws.org/en/articles/2025/03/05/lvjm-m05.html?fbclid=IwY2xjawI_KTpleHRuA2FlbQIxMQABHXuYnWfeVIRyoFiwC0cecnkaPWz1bXFezB-cm8TzMzN-dmFscnWaQ2zTLg_aem_FmrDjNCibT2OCRH5d9wkZw

Article Australia: Disinformation campaign directed at public housing tower residents

Margaret Rees, Karen Maxwell

15 January 2025

https://www.wsws.org/en/articles/2025/01/16/ewaq-j16.html

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