Sydney CBD & inner city · No win, no fee explained

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

Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.

“No win, no fee” describes how some lawyers charge. It isn't a rule of the NSW CTP scheme, and it doesn't mean legal help is free. For people in Barangaroo weighing up a motor accident claim, the useful questions are what you'd owe if the claim failed, what comes out if it succeeds and whether you need a lawyer at all. Our free claim check can help with the last one.

Postcode: 2000

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What “no win, no fee” generally means

“No win, no fee” generally describes a costs arrangement where the lawyer's professional fees are only payable if the claim succeeds. The agreement that sets this out is often called a conditional costs agreement, because payment depends on a condition: success. Beyond that basic idea, the details vary between lawyers, which is why the written terms matter more than the phrase itself.

What you might still pay

If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as medical reports. The agreement should also say what happens to costs if you end it early. None of this is meant to alarm you; it's the reason to read the costs terms closely and ask questions before signing.

  • Charges for obtaining hospital or treatment records
  • Filing or application fees, where they apply
  • Courier, copying and similar office costs

Costs questions for people in Barangaroo

If St Vincent's Hospital or Royal Prince Alfred Hospital treated you, a lawyer may need reports from the doctors there. Ask whether the cost of medical reports is payable if the claim doesn't succeed, and get the answer in writing. Council areas such as the City of Sydney play no part in what a lawyer can charge on a CTP claim. The limits are set by state regulation and apply across NSW, so compare lawyers on their written terms, not their address.

Region
Sydney CBD & inner city
Postcode
2000
Local government area
City of Sydney
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Before you sign: the costs questions that matter

You don't need to be an expert to read a costs agreement well. You need the right questions. Here are the ones that tend to matter most in a motor accident claim.

  • What happens to costs if I end the agreement before the claim finishes?
  • What counts as the claim succeeding under this agreement?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Can I take the agreement away and read it before signing?
  • Is there a cooling-off period after I sign?

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.

Do you need a lawyer at all?

The costs question only matters if your claim needs a lawyer, and many claims never do. Here's when legal help is often worth paying for, and when you may manage without it.

Often worth talking to a lawyer

  • A settlement offer is waiting for your reply
  • Your dispute is heading to the Personal Injury Commission
  • Your injuries are serious and the claim may run for years
  • The insurer has refused your whole claim

You may not need one

  • One declined treatment request can be sorted out with a report from your doctor
  • You're recovering and expect to be back to normal within months
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.

Not quite your situation?

  • Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check 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 Barangaroo
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Barangaroo sets out when it usually does. CTP lawyer in Barangaroo

Comparing two lawyers' terms side by side

Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.

Same label, different terms

Two arrangements can both be called no win, no fee and still differ on disbursements, on what counts as success and on what comes out at the end. Compare the terms, not the label.

Regulated costs and what they mean for you

In statutory benefits matters, the insurer pays the legal costs the rules allow, and some disputes allow none. For damages claims, the maximum a lawyer can charge is also capped. So in a CTP claim, “no win, no fee” is only part of the costs picture. The rest is set by the Regulation, and a lawyer should be able to explain in writing how both apply to your claim.

If your questions are about statutory benefits and your accident was on or after 1 December 2017, the free CTP Legal Advisory Service may answer them without any costs arrangement. You can ask CTP Assist (1300 656 919) to put you through to it. Its limits matter: no damages claims, no older-scheme claims, and nothing that's already in internal review or before the Commission. Beyond those limits, the costs questions on this page come into play.

Read next:What does a CTP lawyer cost?

The costs terms worth having in writing

A spoken explanation is a start, not the arrangement. Ask for three things in writing: what you'd pay if the claim doesn't succeed, how disbursements such as medical reports are handled, and how the lawyer's fees are worked out if it does succeed. If any of those is missing or vague, ask again before you sign.

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.

Start with a free claim check

We don't set any lawyer's fees, and we can't tell you what a lawyer's terms would be. What we can do is check your claim for free, with no obligation, and tell you whether a lawyer is likely to help. If we connect you with one, you decide whether to go ahead after reading their costs terms. We'll also tell you if a provider we refer you to is connected with us.

Read next:How our claim check works

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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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