Trood, Tony --- "VALS Legal Argument Prevents Evictions" [1981] AboriginalLawB 31; (1981) 1(2) Aboriginal Law Bulletin 9

• Vals Legal Argument Prevents Evictions

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VALS Legal Argument Prevents Evictions

Tony Trood

On the 16 March 1981 the Housing Commission of Victoria issued Notices to Quit to four Aboriginal families living in Shepparton. The basis for the eviction proceedings - was the non-payment of rent. In all but one case, the families concerned included three or more children and all the families relied upon Social Security benefits as their sole source of income.

The four cases were initially heard at Shepparton Magistrates' Court on 3 July 1981 before Cosgriff S.M. Following the presentation of the cases for the Housing Commission, it was submitted by the Victorian Aboriginal Legal Service (VALS) that the Housing Commission ought not to be able to use the eviction procedures established by the Landlord and Tenant Act 1958 on the basis that the Housing Act 1958, which establishes the Housing Commission of Victoria, provides for a specific procedure for the recovery of premises let by the Housing Commission. It was argued by VALS that as the Housing Commission is a statutory corporation, it would need to be specifically empowered by its enabling statute before it could avail itself of the eviction procedures created by the Landlord and Tenant Act 1958.

After considering oral and written submissions, Cosgriff S.M. in his written judgment stated he was satisfied that the Housing Commission was bound to act under the Housing Act 1958 to recover possession of premises leased by it, and it was not empowered to utilize the procedures laid down by the Landlord and Tenant Act 1958.

Accordingly, no eviction order was made by the Court in respect of the four families.

Despite the fact that the Housing Commission has invariably used the Landlord and Tenant Act eviction procedures against its tenants, VALS has not received notice from the Housing Commission of any further proceedings seeking to review the decision in the Victorian Supreme Court.