Liverpool & Fairfield · No win, no fee explained

Austral: before you sign with a no win, no fee lawyer

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

If you live in Austral and you've seen “no win, no fee” in a lawyer's advertising, it helps to know what the phrase generally means before you rely on it. In most cases it refers to an arrangement where you pay the lawyer's professional fees only if the claim succeeds. The details differ between lawyers, and some costs may still be payable either way. This page explains what to ask, and our claim check is free.

Postcode: 2179

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Reading costs terms from Austral, by phone and online

If Liverpool Hospital or Fairfield Hospital treated you, a lawyer may need reports from your doctors. Ask whether you'd pay for them if the claim failed, and ask for that answer in writing. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Liverpool City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. There's no need to travel to Liverpool to compare costs arrangements. From Austral, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Liverpool & Fairfield
Postcode
2179
Local government area
Liverpool City Council
Distance to Liverpool
~12 km
A man in a jacket reading through a sheaf of papers on a sofa

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What “no win, no fee” generally means

Many motor accident lawyers offer terms described as no win, no fee. It's a way of structuring fees so that more of the risk of an unsuccessful claim sits with the lawyer. It doesn't mean legal help is free, and it doesn't mean every cost disappears. Think of the phrase as the heading on a set of terms, then read the terms underneath it.

Comparing costs terms

If you're speaking with more than one lawyer, compare their terms on the same points: what's payable if the claim doesn't succeed, how disbursements are treated, how fees on success are worked out, and what the estimate of total costs is. A headline label tells you little. Two arrangements both called no win, no fee can leave you in quite different positions.

Same label, different terms

A label is not a comparison. Put the written terms from each lawyer side by side and check each against the same questions before you decide.

Six questions worth asking about costs

A no win, no fee arrangement is only as clear as its written terms. These questions help you find out what you'd pay in each outcome. Ask them of any lawyer, and get the answers in writing.

  • If the claim doesn't succeed, what would I have to pay, if anything?
  • What happens to costs if I end the agreement before the claim finishes?
  • Is there a cooling-off period after I sign?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • How are your professional fees worked out if the claim succeeds?

General information, not legal advice. Costs terms differ between lawyers, and legal costs in CTP claims are regulated. Rely on the written terms you're given.

Regulated costs and what they mean for you

A NSW CTP claim has its own costs rules, and they apply whatever a lawyer's arrangement is called. Maximum legal costs are set by the Motor Accident Injuries Regulation and indexed each year. In a statutory benefits claim, costs are recoverable only where the Regulation or the Personal Injury Commission allows, and for some disputes they can't be recovered at all. A no win, no fee arrangement has to fit around those rules.

Before paying for advice, check what's free. SIRA's CTP Legal Advisory Service gives free legal advice on statutory benefits for accidents from 1 December 2017, and CTP Assist on 1300 656 919 can connect you with it. It won't run a damages claim, and it doesn't take on disputes that have already reached internal review or the Commission, but for many early questions it means no costs agreement is needed at all.

Read next:What does a CTP lawyer cost?

Put the arrangement on paper

Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.

Keep a copy

Store the written terms with the rest of your claim documents. Checking a later bill against what you signed is much easier when the agreement is to hand.

Costs that may apply either way

The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for medical reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.

  • Fees for medical reports
  • Filing or application fees, where they apply
  • Courier, copying and similar office costs

The one promise we make about cost

Many people search for a no win, no fee lawyer when what they really need is a clear answer about their claim. Our claim check gives you that, free and with no obligation, by phone or online. If your claim does need legal help, you'll go into any costs conversation knowing why, and knowing which questions to ask.

Read next:How our claim check works

Lawyer or not? Settle that first

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

Often worth talking to a lawyer

  • A settlement offer is waiting for your reply
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • Someone died in the crash and the family is considering a claim
  • You've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • You're recovering and expect to be back to normal within months
  • Your question is general, and CTP Assist can answer it for free
  • You only need help with the claim form or finding the right insurer

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

Not quite your situation?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We can point you to the right help. Free claim check
  • If you've decided to engage a solicitor and want to know about the first meeting and the costs documents, the compensation solicitor page covers them. Compensation solicitor in Austral
  • If the bigger question is whether a CTP lawyer is worth it for your claim at all, the CTP lawyer page answers that first. CTP lawyer in Austral

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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