Northern Beaches · No win, no fee explained

Bayview: 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.

The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as medical reports in different ways, and success can be defined in different ways too. If you live in or near Bayview, read any costs agreement before you sign and ask about anything unclear. Our free claim check can tell you whether you need a lawyer, and it comes with no obligation.

Postcode: 2104

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A costs arrangement, not a promise

“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
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

Legal costs and where you live: Bayview

If Northern Beaches Hospital or Mona Vale Hospital treated you, a claim may later rely on reports about your injuries. Ask how those costs are handled before you sign, not when a bill arrives. Council areas such as Northern Beaches Council 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. From Bayview, the Sydney CBD is roughly 24 km away. That doesn't limit whose costs terms you can compare. Written terms can be emailed, lawyers can explain them by phone or video, and our claim check is by phone and online.

Region
Northern Beaches
Postcode
2104
Local government area
Northern Beaches Council
Distance to Dee Why
~10 km
Two people going through a bound document together, one pointing at a clause

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Call (02) 7238 7379 or start online. It's free, with no obligation, so you can settle the lawyer question before any talk of costs.

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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.

  • What happens to costs if I end the agreement before the claim finishes?
  • Can I take the agreement away and read it before signing?
  • What comes out of my compensation at the end, and in what order?
  • How are your professional fees worked out if the claim succeeds?
  • Is there a cooling-off period after I sign?
  • What counts as the claim succeeding under this agreement?

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.

Lawyer or not? Settle that first

Plenty of CTP claims run from start to finish without a lawyer, which makes no win, no fee beside the point. Others clearly need legal help. These lists give a rough guide to each.

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
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • The insurer has refused your whole claim

You may not need one

  • You're recovering and expect to be back to normal within months
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • Your statutory benefits claim is accepted and payments are arriving

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?

  • 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
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Bayview. Compensation solicitor in Bayview
  • 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 Bayview

Comparing two lawyers' terms side by side

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.

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.

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.

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 one promise we make about cost

Here's the only promise we make about cost: our claim check is free, and there's no obligation. We look at where your claim is up to and tell you what help it needs. Sometimes that's an independent lawyer, and then the costs questions on this page matter. Often it's a doctor, CTP Assist or simply a clear next step, and no costs agreement is needed.

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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