Department of Health

Settlement of Towers class action

Supreme Court of Victoria (S ECI 2021 00826).

Court approval of the settlement

In March 2021, Mr Idris Hassan and Ms Hawa Warsame (the plaintiffs) commenced a class action against the State of Victoria to challenge the ‘lockdown’ of people in the nine public housing towers in North Melbourne and Flemington listed below between 4 July and 18 July 2020.

  • 9 Pampas Street, North Melbourne
  • 159 Melrose Street, North Melbourne
  • 76 Canning Street, North Melbourne
  • 12 Sutton Street, North Melbourne
  • 120 Racecourse Road, Flemington
  • 126 Racecourse Road, Flemington
  • 130 Racecourse Road, Flemington
  • 12 Holland Court, Flemington
  • 33 Alfred Street, North Melbourne.

The plaintiffs and the State of Victoria agreed to resolve this class action so that money is paid to eligible Group Members of the class action. This is called a settlement. On 17 August 2023 the settlement was approved by the Supreme Court.

Annexure A - Settlement Distribution Scheme, sets out how the settlement scheme will operate including:

  • what information the Administrator can request registered Group Members provide to verify their eligibility to participate in the settlement;
  • how the registered Group Members’ eligibility will be verified;
  • what notifications the Administrator will send to registered Group Members; and
  • how the settlement sum will be distributed to Eligible Group Members.

See Settlement Distribution Scheme in your language.

The Administrator has issued Initial Notices to all registered Group Members advising them about their eligibility to participate in the Towers Settlement Distribution.

The Administrator has finalised all requests for a review of a decision by the Administrator as to whether that Group Member is:

  • an Eligible Group Member entitled to participate in the distribution of the Settlement Sum; and
  • classified as an Adult or Child.

The eligibility of all registered Group Members has now been reviewed and determined.

Payments were made to all eligible Group Members on 28 August 2024. Adult Group Members received $2,347.45 and child Group Members received $1,173.72.

Payments will take between 3-5 business days to appear in Group Members' nominated bank accounts.

Translated versions

Settlement Distribution Scheme

Your questions answered

  • No. The deadline for submission of claims as ordered and then extended by the Supreme Court was 18 July 2024. No further claims can be accepted now.

  • The eligibility of all registered Group Members has been reviewed and determined.

    Payments were made into the nominated bank accounts of each registered Group Member on 28 August 2024. Payments will take between 3-5 business days to appear in Group Members’ nominated bank accounts.

    If you have not received your payment after 5 September 2024, you will need to update your bank account details.

    You can do so by email or regular mail. To update your bank details you should provide:

    • a copy of a bank statement for the new account which shows the Group Member’s name, address and new account details (account holder name, BSB and account number); and
    • a short note signed by the Group Member stating that they wish to change their bank details in their registered claim to the following account: Account holder, BSB, account number.

    Group Members can redact (black out using a marker) financial information in the bank statement, such as account balances and details of funds coming in and out of the account if they wish.

    Those details can be provided:

    By email covid-19-towers@health.vic.gov.au

    Or by post to:

    The Administrator
    c/- COVID 19 Legal
    50 Lonsdale Street
    Melbourne VIC 3000

  • No, the Independent Reviewer Determination is final and binding on you and the Administrator.

  • No. The Court's orders provided a 10-day period within which people found to be ineligible could seek a review. The Administrator cannot accept applications for review outside that timeframe.

  • A Group Member that is a PUD will not receive their payment until the Administrator can confirm that you are authorised to act on behalf of that Group Member.

  • You can provide any one of the following categories of documents showing you as an authorised person:

    • evidence that a Group Member is a PUD (such as a letter from a treating practitioner or relevant NDIS or Centrelink documentation) and a birth certificate for the Group Member identifying you as their parent;
    • Power of Attorney;
    • State Trustees declaration;
    • a guardianship or administration order; or
    • a sworn statutory declaration which states that you are a person authorised to act on behalf of the Group Member, including why that is the case.

    You must also provide a copy of your driver licence (or, if you do not hold a driver license, your passport) so that we can confirm your identity.

  • The Administrator has made payments into the bank account details nominated by each Group Member. Each Group Member is responsible for ensuring that these details are correct. The Administrator is unable to make the payment into a new bank account after the payments have been made.

  • The Administrator made payments on 28 August 2024. Payments will take between 3-5 business days to appear in Group Members’ nominated bank accounts. If you have been advised that you are an eligible Group Member and have not received your payment by 5 September 2024 , you may have provided the incorrect BSB or account information.

    The Administrator will proactively identify where funds have ‘bounced back’ and will attempt to contact affected Group Members.

    Alternatively, you may provide the Administrator with correct bank account details. You can do so by providing:

    • a copy of a bank statement for the new account which shows the Group Member’s name, address and new account details (account holder name, BSB and account number); and
    • a short note signed by the Group Member stating that they wish to change their bank details in their registered claim to the following account: Account holder, BSB, account number.

    Group Members can redact (black out using a marker) financial information in the bank statement, such as account balances and details of funds coming in and out of the account if they wish.

    Those details can be provided:

    By email covid-19-towers@health.vic.gov.au

    Or by post:

    The Administrator
    c/- COVID 19 Legal
    50 Lonsdale Street
    Melbourne VIC 3000

Reviewed 28 August 2024

Health.vic

Contact for assistance and information

Obtain assistance and information about the settlement by contacting the solicitors for the plaintiffs.

Clemens Haskin Legal

Was this page helpful?