A class action has been issued in the Federal Court of Australia on behalf of all current and former owners of properties in Australia in which Iplex "Pro-fit" polybutylene pipe products manufactured using TYPLEX-1050 resin (Typlex Resin) between 2017 and 2022 (Pipes) are installed (the Iplex Class Action).
The claim is against Iplex Pipelines Australia Pty Ltd (Iplex), a subsidiary of Fletcher Building Limited (Fletcher), who 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 prone to crazing and cracking and that the Pipes are defective and do not comply with the guarantee of acceptable quality under the Australian Consumer Law.
- 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 a very 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.
- In December 2024, Justice Button made timetabling orders for the filing of defences by the cross respondents, for initial discovery of documents by Iplex and the BGC entities and for general discovery of documents thereafter.
- The next case management hearing is scheduled for 11:00am AEST on Friday, 2 May 2025.
Who are the lawyers running the action?
- Baker McKenzie acts for the lead applicant in the class action. 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 eligible to participate in the claim 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 eligible to participate in the claim.
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.
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 WA Government, announced the JIR. The JIR makes available a program of works for all WA homes constructed with Typlex Pro-Fit pipe that experience a plumbing failure.
- Information about the status of the JIR is available here.
- There are differences between the scope of the Iplex Class Action and the scope of the JIR. For example:
- group members in the Iplex Class Action include anyone in Australia who acquired the Pipes (in the circumstances set out above) and who does not opt out of the class action. By contrast, the JIR does not apply to anyone outside of Western Australia.
- the Iplex Class Action seeks damages for the whole class on the basis that the Pipes are defective because they are prone to leaking. Consequently, damages are sought on behalf of Group Members even if a particular Group Member’s pipes have not leaked. For example, one of the remedies the Iplex Class Action seeks for all Group Members is the cost of removing, repairing, replacing and disposing of the Pipes so that Group Members have pipes that are not prone to leak.
- By contrast, the nature of the JIR remedies available to persons in Western Australia will depend on:
- whether the builder (or plumber) of a homeowner's property has chosen to sign up to the JIR;
- whether the Pipes remain in a homeowner's property; and
- other eligibility requirements.
- whilst the JIR offers all homeowners with the Typlex pipes the installation of a leak detection unit, eligibility for even a partial replacement of pipes will depend on whether a person has suffered a plumbing failure, and a full replacement of all pipes depends on having three or more plumbing failures; and
- the Iplex Class Action claims that Group Members have suffered a number of different types of loss and damage and seeks compensation for Group Members for all of it. The remedies available under the JIR to those eligible for them are more limited than the losses claimed in the Iplex Class Action on behalf of all Group Members.
- A homeowner who receives a remedy through the JIR is not disqualified from participating in the Iplex Class Action.