Respond to a customer complaint or claim
We take the complaint off your desk and answer it in a way that does not make it bigger.A complaint from a customer can stay a complaint or it can become a tribunal application. Which one it becomes is usually decided in the first week, by what gets said in reply. We tell you what the complaint is worth, what you are actually obliged to do, and how to answer it.
A reply you will not regret
The response is written knowing what creates an obligation and what does not.
A commercial view, not just a legal one
You get told what settling costs against what defending costs, so the decision is a business decision.
The evidence kept
The job file, correspondence and records are preserved while they are still current.
Why the first reply matters more than the rest
A customer complaint is a commercial problem and a legal one at the same time, and the two pull in different directions. The instinct to smooth it over can create obligations you did not intend. The instinct to defend can turn a refund into a proceeding.
Most complaints have a low-cost resolution available early, and it narrows quickly. Formal demands and tribunal applications carry deadlines. Consumer guarantees under the Australian Consumer Law may also give the customer rights your contract cannot remove. Working out which of those are in play is what decides how to answer.
Do I have to respond to a complaint?
Not every complaint creates a legal obligation to reply. Formal demands and tribunal applications do carry consequences if ignored, including judgment against you by default. The first step is working out which kind you have received.
It has gone to NCAT. What does that mean?
A tribunal proceeding is a formal legal process with rules about evidence, procedure and deadlines. It is less formal than a court, but the outcome binds you. We can prepare your response, assemble the evidence and appear for you at the hearing.
Should I settle or defend?
It depends on the merits, the cost of defending, and what public exposure would cost you. Sometimes the right commercial answer is to settle a claim you would probably win. We will tell you plainly which situation you are in.
How fast do I need to move?
Faster than feels necessary. Formal demands and tribunal applications have deadlines that can be short, and the early low-cost resolution disappears once a proceeding starts. Send us anything formal as soon as it arrives.
The cheapest resolution is available early and does not stay available
Deadlines attach to formal demands and tribunal applications. So does the evidence, which is easiest to preserve while the job file is still current.
What you say in the first week is the part you cannot take back
The complaint arrives as an email or a phone call from someone who is angry. You want it dealt with, and the fastest route is to reply yourself.
The risk sits on both sides of that. An informal concession can create an obligation. A firm refusal can produce the tribunal application you were trying to avoid. Meanwhile the evidence that would settle the question is in a job file nobody has thought to preserve.
- We will assess the merits of the complaint and what the law actually requires of you.
- We will advise on your obligations, including any consumer guarantees that apply.
- We will prepare the formal response to the complainant on your behalf.
- We will negotiate a commercial resolution where that is the better outcome.
- We will represent you in tribunal or court proceedings if the matter goes that far.
When the complaint arrives and you are not sure what it is worth
A customer or client has made a formal complaint, or a lawyer has written to you on their behalf. You do not know whether there is anything in it, what your obligations actually are, or whether to answer directly. You do know that what you say in the next few days will matter.
What's included in your complaint response service
- Legal assessment of the complaint.
- Advice on liability and consumer guarantee obligations.
- Evidence preservation advice.
- Formal written response and negotiation.
- Tribunal or court representation if required.
A complaint left to run rarely stays small
Complaints do not arrive labelled as legal problems. They arrive as a bad email, a review, or a call from someone who feels let down.
The usual failures are the two obvious ones. Ignoring it, and finding a tribunal application in the post six weeks later. Or answering warmly with an offer that turns out to be an admission. By the time a formal proceeding starts the cheap resolution has usually gone. The cost of the matter has overtaken the value of whatever was complained about.
From a complaint on your desk to a matter that is closed
We start with whether the complaint has merit, which is a different question from whether it is fair. That means the contract, the consumer guarantees, and the evidence of what was actually supplied.
Then we give you a commercial view rather than only a legal one. What it would cost to settle, what it would cost to defend, and what the reputational exposure looks like either way. We prepare the response, run the negotiation, and if it goes to a tribunal or a court, we appear.
How the complaint gets handled
From the complaint arriving to the matter closed.Assess the claim
We work out whether the complaint has merit and what your obligations actually are, including consumer guarantees.
Answer it properly
We prepare the formal response and negotiate a resolution where that is the better commercial outcome.
Defend if needed
Where the matter proceeds, we act for you at the tribunal or in court.
Assessment and response to customer complaints and claims
A complaint feels personal, particularly when you believe the business did nothing wrong. That is exactly the state of mind that produces a reply you regret. It is why this is worth handing to someone who is not in it.
We assess the complaint against what the law actually requires, including the consumer guarantees that apply whatever your terms say. Then we advise on the commercial call, which is often that a modest early settlement beats a defence you would win. Where the matter has to be defended, we act for you at NCAT, at SACAT and in court.
Our great lawyer guarantee
Six principles we hold to, whatever you bring us and however long it takes.
Take the time
We listen carefully to understand what you want to achieve, then step you through the advice and the documents.
Share our knowledge
We pass on as much as we can, so you can make your own informed decisions.
Stick to our knitting
We only do what we are good at, so you never pay for our learning.
Work as one team
Someone is always available to answer your question or point you the right way.
Fair pricing
A fixed or capped quote for advice and documents, so you do not carry the price risk.
It is your show
We are in it for a front row seat to witness your success, not for our egos.
Get advice before you reply
The reply is the part that cannot be taken back, and it is usually written before anyone has looked at the file. Send us the complaint and whatever records you have. We will tell you what it is worth, what you owe, and what to say.
More on this area of law
Read more about customer complaints, consumer guarantees and tribunal proceedings, and how we can help.
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