Home » Striking a balance between technical liability and commercial considerations*

Striking a balance between technical liability and commercial considerations*

It is often presumed that complaint resolutions necessarily involve winners and losers and that may be so in the adversarial culture of the legal system.

In the cut and thrust of everyday complaint handling however, the joint problem-solving approach has obvious commercial practical advantages.

The question of technical liability, i.e. who was at fault, is a consideration but it is not the only, nor even always the most important one in determining appropriate action in response to a complaint.

The best resolutions are usually reached by people with sufficient training, product knowledge and delegated authority to negotiate outcomes which look beyond who is ‘right’ and who is ‘wrong’.
A creative approach to remedies and resolutions focuses on the interests of both the council and the customer.

What will it cost in terms of time, money and reputation to give the complainant what they’re seeking?

If we don’t give them what they are seeking and they appeal to an external body, e.g. Ombudsman what will it cost?
How highly do we value the complainant’s goodwill?

If we’re not able to give them what they’re seeking, are there other things we might do to restore their confidence and goodwill towards us?

A good resolution is one that is negotiated directly between the customer and the council, rather than imposed by an external organisation, recognises the interests of, and is acceptable to both sides, addresses all aspects of the complaint and upholds principles of fairness, legal obligations and good industry practice.

* Copy supplied by Australian Disputes Centre

Digital Editions


  • New paint technology at Alexandrina

    New paint technology at Alexandrina

    A paint trial is taking the heat out of Alexandrina’s council infrastructure. Alexandrina Council’s Alexandrina Wastewater division is trialing new paint technology to cool down…

More News

  • Together Butchulla Talk

    Together Butchulla Talk

    A new Indigenous book celebrating the Butchulla language and local animals was launched at Hervey Bay Library earlier this month with storytime, language, dance and art activities for families to…

  • New Logan arena

    New Logan arena

    An upgraded arena for equestrians has officially opened at Skerman Park in North Maclean. Logan City Council delivered the $928,000 project, which includes a weatherproof roof, to support members of…

  • Noosa mastering AI

    Noosa mastering AI

    Digital Hub is trying to help Noosa locals get the most out of AI. Mastering AI can make life easier in countless ways. From planning weekly meals with specific dietary…

  • Change in the weather

    Change in the weather

    AUSSIE FLOOD RESCUE It’s obvious to everybody that we are seeing weather changes. It appears to be more erratic and frequent than ever before. Local government bodies are plagued by…

  • Dandycon set to return

    Dandycon set to return

    Dandy Con, Greater Dandenong’s much loved comic and pop culture festival, returns on Saturday 11 April 2026 between 11am–4pm, bigger than ever. This free, all ages event fills Dandenong Library,…

  • A creative future for Kingston

    A creative future for Kingston

    The community has been invited to help shape Kingston’s creative and cultural future. Kingston residents are being invited to help finalise the city’s cultural roadmap, with the Draft Creative and…

  • Tweed residents gunking up wastewater

    Tweed residents gunking up wastewater

    Tweed Shire Council is urging residents to rethink what they flush down the toilet and pour down the drain, after revealing that crews remove around 156 tonnes of rubbish and…

  • In memory of Chris Quilkey

    In memory of Chris Quilkey

    It was with great sadness that we learned that former Blacktown City Deputy Mayor and Councillor Chris Quilkey has passed away. First and foremost, our thoughts are with Chris’s family,…

  • Unit demolished as Ipswich flood recovery continues

    Unit demolished as Ipswich flood recovery continues

    Ipswich Mayor Teresa Harding has welcomed the demolition of Mihi Grove, a flood-hit 42-unit complex in Brassall purchased as part of the Queensland and Australian Government’s Resilient Homes Fund Voluntary…

  • Fraser adopts tree

    Fraser adopts tree

    The Fraser Coast now has an official tree, with Council today adopting the Kauri Pine as a symbol of the region’s culture, history and natural environment. Fraser Coast Mayor George…