Homeless case adjourned
Eight homeless men continue to sleep at Bondi Pavilion after their case against eviction by Waverley Council was adjourned last week, amid growing criticism of the council’s stand.
The adjournment continues a Supreme Court injunction that stops the council “moving along” the homeless.
On October 2, four of the eight attended the Supreme Court, carrying guitars and singing songs of freedom, as their lawyers vowed to “draw a line in the sand”.
They were represented pro-bono by barrister Dymphna Hawkins, and solicitors Alex Tees and Robert Christie. The legal battle reconvenes on December 14, and may now extend over the summer months.
Lawyers have submitted an amended statement claim that asks for a 12-month leasehold with occupation rights to the backside of the heritage building. It also demands ethical obligations of the council and state who Hawkins says are, “responsible for the welfare of these people who are vulnerable”.
This is added to a previous claim that says the men have an ‘implied right’ to be there.
Mediation by ex-justice of the Supreme Court has ceased, and council’s negotiations with NSW Housing didn’t find the men a home. The homeless have continually said the case would be withdrawn if public housing was made available.
Lawyer Alex Tees said, “I proposed an interim solution of providing tents and toilets, but Waverley Council refused.”
Waverley Mayor Sally Betts said she was disappointed the hearing had been delayed yet again.
“But that is a decision of the courts. We are at the mercy of the legal process. Council can only follow whatever direction or decision is made by the courts,” she said. “The money that is being spent could always have been used for other purposes if this situation had not occurred.”
Labor councillor John Wakefield questioned the mayor spending “tens of thousands” to justify a policy that undermines the council’s previous tolerance of the homeless.
“It’s had a negative impact and we don’t support her. Why spend ratepayers’ money in a case of this nature – to move along a handful of homeless people? It’s heavy handed and disproportionate,” Cr Wakefield said. “The money would be better spent on subsidising housing and employment and training programs rather than bar fees.”
The case has brought into focus lack of affordable housing in Bondi. The mayor said it was “not a council issue” but the newly-introduced Affordable Rental Housing State Environmental Planning Policy (SEPP) puts the onus on local governments to preserve existing low-cost housing in their area for people in their community.
An investigation into Federal Government funding of public housing in the area is now pending: $280 million was allocated to the state for public housing but little of this has trickled to Bondi as houses are capped at $300,000.
A further $750 million in federal funding from the Nation Building Economic Stimulus Plan has been cut, and a pension increase in the federal budget will be swallowed by Housing NSW rent increases .
While Waverley Council continues to fight the case, the men fight for survival. Aged pensioner Dennis Wilson, 71, has been homeless two years after rent increased on his house. He now calls the pavilion home.
He said: “I have nowhere else to go. Where does council want me to sleep – on the pavements?”
– BY MATT KHOURY
