But lawyers acting for the Kallangur residents said council had not offered any legal guarantees not to enforce notices, and said there was a real risk of homeless people being moved on.
Without an injunction, BRQ argued vulnerable people facing eviction will have nowhere else but another public place to go, and accused Moreton Bay Council for failing to consider the homeless community’s human rights.
The presiding judge, Justice Paul Smith, agreed that the applicants were at risk of losing their homes in the absence of an undertaking and found no evidence that council had properly considered their human rights before destroying encampments.
“In this particular case, there are a number of human rights relevant,” Smith said. “Insufficient consideration was given to those rights before the decision was made.
“Despite what was submitted by council, I have formed the view that without an undertaking or order, there is a risk that council will seize and destroy the applicants belongings, including shelters.
“If shelter was to be taken away, applicants would face many risks and be in serious harm as they would be exposed to the elements.”
Northwest Community Group founder Paul Slater celebrated the court’s decision and said they would continue to push for human rights to be upheld ahead of the November hearing.
“We will take every council to court if we have to … [it isn’t] right what’s been happening, and we’ve just had it verified by a court,” he said.
“We’re open to [talk with councils] because we just want to provide people with a safe place to live.”
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