Standing up for the right to a safe, secure home

The Australian Homelessness Monitor released in December 2024 reports that 10,000 extra Australians become homeless each month – a 22 per cent increase in the past 3 years. Homelessness services are finding it harder than ever (and taking more time) to secure housing for clients. As more people are facing housing and financial insecurity across Australia, we have made preventing evictions and untangling complex legal needs to remove barriers to safe, secure housing a cornerstone of our pro bono work. Here is just one example from 2024, from our Homeless Law program with Justice Connect.

Jack was used to living rough.  In his 50s, with an acquired brain injury and on a methadone treatment program, Jack had lived both in prison and on the streets before he finally secured rental housing. Jack told us that stable housing was essential for him to avoid returning to prison or continuing homelessness.

We helped Jack resist an application by his housing provider for a Notice to Vacate and Possession Order Application which would have seen him evicted, noting their responsibilities under the Charter of Human Rights and obligations under housing laws.  Jack had also experienced severe family violence and requested a priority transfer from the property on numerous occasions due to fear that the perpetrator knew where he lived. 

Through dogged advocacy, Jack was accepted onto the Housing Register as a priority transfer for a one-bedroom property.  During the course of the matter, Jack took on significant caring duties for his mother due to her declining mental capacity.  We then helped Jack to amend his Housing Register application to a two-bedroom property and we stuck by him until this new accommodation was secured from his housing provider, 18 months after we first became involved.

Jack wrote to us afterwards: "I appreciate, appreciate all your help and putting up with my tantrums and sticking by me. I’ve been so blessed and humbled by your support, kindness and understanding.  I’m not good at this shit, and please know that I’ve taken nothing you have done for me for granted."

Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.