This morning, four First Nations remote renters won their case unanimously in the High Court, successfully invalidating the Northern Territory Government’s widely-criticised ‘Remote Rent Framework’. The NT Government had hiked rents by up to 200% in 2023 for remote NT communities during a housing and cost-of-living crisis.
Asher Badari, Ricane Galaminda and Lofty Nadjamerrek from Gunbalanya, along with Laramba woman Carmelena Tilmouth have made history in the High Court by striking out the unlawful actions of the NT Government.
The High Court found unanimously that the NT Government did not afford the tenants impacted by the new model procedural fairness, therefore rendering the ‘Remote Rent Framework’ unlawful. This means that the NT Government will be forced to scrap the rent model and go back to the drawing board, this time meaningfully consulting those impacted by the rent hikes before taking any further steps. It also means that the NT Government has been unlawfully collecting $9.7 million per annum additional rent for the last two years (1).
The rent framework, which was implemented by the NT Government in February 2023, saw rent increases for 68% of remote First Nations tenants in the NT, with over 5,000 homes impacted in total (2). No renter was consulted before these rent hikes were imposed (3).
The framework made remote communities in the NT the only public housing tenants in the country that have rents determined by the number of bedrooms in a home, rather than an income test.
The Northern Territory currently has a homelessness rate of 12 times the national average, and faces the nation’s worst rates of housing stress (4). It also remains the worst performing state on Closing the Gap housing targets, with more than half its population of First Nations people living in inappropriately sized, overcrowded rental homes (5).
Daniel Kelly, Lead Solicitor at ALRAR, said:
“Renters of Gunbalanya and Laramba led this fight for the benefit of all remote tenants in the NT, and today their persistence has paid off. This is a much-deserved victory for the many families who’ve been battling to keep their heads above water since these unwarranted and destabilising rent hikes were implemented.”
“Now is the time for the NT Government to start the conversations with remote Aboriginal public housing tenants about what rent method works for each of them. Involving the existing community Housing Reference Groups and making sure people can give their views orally and in-language has to be part of that process.
“I look forward to the government working with communities to develop a new rent model that keeps a roof over everyone’s head and reduces financial stress for thousands of NT families.
Isabelle Reinecke, Executive Director at Grata Fund, said:
“This is a remarkable victory for Asher, Ricane, Lofty, and Carmelena, who took on the Goliath that is the NT Government and pursued justice all the way to the High Court.”
“Once again, the NT Government has proven itself to be the worst landlord in Australia. Remote communities have copped blow after blow from successive NT Governments, with steep rent hikes, neglect of basic housing repairs, and failure to provide safe drinking water for all communities.
“This High Court ruling gives the CLP Government a golden opportunity to develop a new, evidence-backed model that supports families to thrive.”
Spokespeople are available for comment. Please contact Madeleine Burkitt at 0435045516 or [email protected]
(1) Badari v Minister for Housing and Homelands, 2025, D1/2025, paragraph 12
(2) Badari v Minister for Housing and Homelands, 2025, D1/2025, paragraph 11
(3) Badari v Minister for Housing and Homelands, 2025, D1/2025, paragraph 2