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ARTICLE · 26 MAY 2026

Insurers Not Directly Joined To Proceedings For Claimed Defective Plumbing Work

Barry Nilsson
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Whether the Court of Appeal should overturn a decision of the County Court to refuse to directly join the respondents’ insurers to a proceeding seeking damages for allegedly defective plumbing works carried out by the respondents, and whether there was any error in the trial judge’s interpretation of the relevant Ministerial Order.

AustraliaInsurance
Jacqueline Paterson
Jacqueline Paterson
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Court delivers clarity on direct joinder of insurers as respondents in plumber’s warranty claims.

In issue

  • Whether the Court of Appeal should overturn a decision of the County Court to refuse to directly join the respondents’ insurers to a proceeding seeking damages for allegedly defective plumbing works carried out by the respondents, and whether there was any error in the trial judge’s interpretation of the relevant Ministerial Order.

The background

Cathy O’Connell (Ms O’Connell) was the owner of two properties in Windsor, 11 Lincoln Place and 14 Mary Street (the properties) and engaged Lentelle Pty Ltd (the builder) to perform works at the properties.

In late 2022, Ms O'Connell commenced proceedings in the County Court of Victoria against the builder, alleging several breaches of the relevant building contracts, including defects in the work. During the proceeding, there was consensus between the experts that a substantial amount of the defects was the result of

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