A class action (the Iplex Class Action) has been commenced in the Federal Court of Australia on behalf of all current and former owners of properties in Australia in which are installed Iplex "Pro-fit" polybutylene pipe products manufactured using TYPLEX-1050 resin (Typlex Resin) between 2017 and 2022 (Pipes).
The claim is against Iplex Pipelines Australia Pty Ltd (Iplex), a subsidiary of Fletcher Building Limited (Fletcher). Iplex manufactured and supplied the Pipes in Australia.
What is the claim about?
- There have been numerous instances of the Pipes cracking and causing leaks in properties in which they have been installed.
- The claim alleges that Pipes manufactured with the Typlex Resin are defective and do not comply with the guarantee of acceptable quality under the Australian Consumer Law because they are prone to crazing and cracking.
- The claim also alleges that Iplex engaged in misleading and deceptive conduct.
- The class action seeks compensation on behalf of group members who have suffered loss and damage as a result of the alleged defect in the Pipes and/or misleading and deceptive conduct by Iplex.
What is the status of the Iplex Class Action?
- The Iplex Class Action was commenced in the Federal Court of Australia on 5 August 2024 and is being case managed by the Honourable Justice Button in the Victorian Registry of the Federal Court. The claim is at an early stage.
- Iplex filed its defence on 15 November 2024 and has brought cross-claims against entities in the BGC group of companies and the plumber that installed Pipes in the home of the lead plaintiff in the class action.
- Parties to litigation are usually required to provide to each other documents they hold which are relevant to the case. This process is called discovery. In early 2025, Iplex made initial discovery of documents.
- Since then the parties have been negotiating further discovery to be provided. Iplex has agreed to provide discovery of some categories of documents but not others. The Court will make orders in the coming months resolving the disagreements about discovery and setting a timetable for completing discovery.
Who are the lawyers running the action?
- Baker McKenzie acts for the lead applicant in the class action who brings the proceedings on behalf of all group members. Baker McKenzie is one of the largest law firms in the world. Baker McKenzie’s Australian litigation team have extensive experience in large scale, complex litigation including class actions and funded litigation.
Can I participate in the claim?
- You are a group member in the class action if you:
- acquired the Pipes other than for the purpose of re-supply:
- from Iplex or another supplier; or
- from a person who acquired the Pipes from Iplex or a supplier; or
- obtained title to the Pipes from a person who acquired the Pipes as set out above.
- acquired the Pipes other than for the purpose of re-supply:
- If you meet the description above, you will automatically be a group member in the class action unless you opt out when you are given the opportunity to do so.
- It is not necessary for you to have experienced a cracked pipe or leak in your property in order to be a group member.
Why should I register?
- By registering for the Iplex Class Action, you will receive updates about the claim and we will be able to provide you with information if and when you need to do anything to claim compensation.
How do I register?
- To register your interest for the Iplex Class Action on a no-cost, no-obligation basis, please fill out the registration form on this page and click the 'Register' button.
If I remain in the class action, do I have to pay the lawyers or the litigation funder?
- You do not have to pay anything out of pocket. If the class action succeeds it is likely that the Applicant's legal costs (to the extent not paid by Iplex) will be deducted from any settlement or judgment sum before distribution to group members. Additionally the litigation funder will seek funding commission to be paid from any settlement or judgment sum in return for funding the proceeding to a successful conclusion.
- Ms Watters may also seek that any legal costs and funding commission also be contributed to by persons who have opted out or by Iplex if and to the extent the JIR operates to apply the same remedies to persons who opt-out as they would have received had they remained group members. This relief would be sought to ensure that persons who remain group members are not prejudiced by the terms of the JIR which purport to make provision to “adjust” entitlements in favour of persons who opt-out of the proceeding.
- If the class action fails, group members will not have to pay any of Iplex’s legal costs or contribute to the plaintiff’s legal costs.
Can I opt out of the class action?
- Most class actions run for several years at least.
How can I get further information?
- This website will be kept updated.
- You can contact Baker McKenzie on IplexClassAction@bakermckenzie.com
- If you register using the registration form, we will be able to notify you directly if there is any settlement or judgment in the class’s favour, and notify you on how to make a claim.
If the class action is successful what will I get?
- We cannot tell you how much you may receive if the class action is successful. That will depend on the quantum of any settlement or judgment sum (if the class action succeeds), the number of class members participating and your own circumstances.
- The class action seeks damages in respect of all Iplex pipes installed in a property irrespective of whether or not you have had any leaks. It seeks various kinds of damages, including damages:
- for the reduction in value of the Pipes as a result of being defective as alleged;
- for the reduction in value of the building in which the Pipes are installed as a result of the Pipes being defective as alleged;
- reflecting costs of repair, removal and replacement of the Pipes and for other costs of and incidental to the repair, removal or replacement of the Pipes (this might include for example wall repairs or necessary tiling work); and
- damages for distress and disappointment.
- If the class action is successful and there is an opportunity to participate in the settlement, notices will be distributed to class members with information on what they may be entitled to and how to claim.
- Please register for the class action (by filling out the registration form on this page and clicking the 'Register' button) to ensure you receive these communications directly.
I’ve heard about the Joint Industry Response (JIR). Does this impact the class action?
- On 13 November 2024, Fletcher Building, in conjunction with the Western Australian Government, announced the JIR. The JIR makes available a program of works for all WA homes constructed with Typlex Pro-Fit pipes that experience a plumbing failure and where the builders of those homes have signed up to the JIR.
- You may be eligible to receive assistance under the JIR if:
- your property is located in Western Australia;
- your property has experienced one or more leaks in Typlex Pipes; and
- the builder of your home is a Participating Builder in the JIR.
- For more information regarding eligibility to participate in the JIR, see https://www.wa.gov.au/organisation/building-and-energy/wa-polybutylene-plumbing-failures
I am eligible for the JIR and want to access the remedies under it. Can I still participate in the class action?
- Yes. At this stage, you can still access benefits under the JIR even if you remain part of the class action. Accessing remedies under the JIR does not prevent you from continuing to participate in the class action and you will continue to remain a class member unless you choose to opt out when given the opportunity to do so in the future.
- For the time being, if you are eligible to participate in the JIR you can and should feel free to seek to obtain whatever benefits may be available to you under the JIR.
Should I wait and see what happens with the class action before seeking remedies under the JIR?
- No. If you are presently able to seek a remedy under the JIR, you should do so. Iplex is defending the class action and so it may run for several years. Even if the class action is successful, your Pipes may leak or burst in the meantime if they are defective as alleged. If you are eligible for a remedy under the JIR that might protect you against further damage to your property while you wait for the class action to resolve, that may be of benefit to you.
- If the class action is not successful and you have not accessed any remedies available to you under the JIR by that time, the JIR will terminate (irrespective of whether you remain a class member at that time or not) and you will no longer be able to access any remedies under the JIR.
- The terms of the JIR provide that whatever happens in the class action, no group member will have any obligation to repay any benefit already provided to them under the JIR.
Why remain a part of the class action if I am eligible for remedies under the JIR?
- The class action seeks monetary compensation. The compensation sought is more extensive and valuable than the remedies offered under the JIR. By remaining a group member, you may be able to access compensation for loss which is not covered by what is being offered to you under the JIR.
- For example, the JIR offers a full re-piping to some eligible homeowners and covers some associated costs. You are only entitled to a full re-piping and out-of-home accommodation if you have had 3 or more pipe bursts. If you have had less than 3 pipe bursts, you are only entitled to partial pipe replacements and associated property repairs.
- By contrast, the class action seeks compensation on behalf of all homeowners for the costs of fully re-piping their homes, and the reduction in value of the pipes at the time of supply by reason of their propensity to leak, even if no leak has actually occurred. It also seeks many other kinds of compensation which are not available under the JIR. An example is compensation for distress, vexation and loss of amenity suffered by group members. This is because dealing with issues with pipes may have caused homeowners a significant amount of distress, upset and inconvenience.
- If you stay a part of the class action and the class action is successful, you may be eligible to receive a share of any settlement or judgment proceeds. If this occurs, you will have the certainty of receiving any and all remedies awarded to group members, and the choice as to how to expend monies paid to you as compensation.
- The amount to which you may be entitled may be reduced to reflect any remedies you have already accessed under the JIR, as well as your share of legal costs and any litigation funding commission for the class action. You will not be required to make any out-of-pocket payments for legal or funding costs in connection with the class action.
I’m not from Western Australia, can I still participate in the class action?
- Remedies under the JIR are only available to certain property owners located in Western Australia whose builders have signed up to the JIR.
- However, anyone anywhere in Australia who acquired the Pipes other than for re-supply can participate in the class action. You do not need to be in Western Australia, nor does your property in which the Pipes were or are installed need to be located in Western Australia.
- If your property is located outside of Western Australia and you believe that affected Pipes are installed in it, we would be interested in speaking with you to obtain information about your situation. Please complete the registration form and send us an email us at IplexClassAction@bakermckenzie.com so that we can understand more about your circumstances and how the Pipes have affected you.
The WA Building Commissioner offers a complaint service. If I lodge a complaint and the Commissioner orders my builder to undertake repair and remediation work and that work is completed, does this impact my ability to stay a part of the class action?
- Accessing any other remedies available to you (including through a legislative scheme requiring your builder to undertake repair and remediation work) does not impact your ability to remain a part of the class action. However, any remedies you access before a settlement or judgment in the class's favour may be taken into account in assessing what you are entitled to by way of settlement or judgment proceeds from the class action.
- We are unable to provide any legal advice as to whether you are able to make a claim under the WA Building Commissioner complaint framework or any other similar processes in other states or how accepting any remedy under the class action may impact your ability to do so. Please seek your own independent legal advice if you have any concerns about your own situation.
[Last updated 8 July 2025]