Upper North Shore & Hornsby · No win, no fee explained

No win, no fee lawyer: what it means in Brooklyn

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

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 Brooklyn, 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: 2083

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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.

How to compare costs arrangements fairly

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.

Legal costs and where you live: Brooklyn

From Wahroonga to Brooklyn, lawyers anywhere in NSW can send you their costs terms. Distance along the Pacific Highway or the M1 has nothing to do with what they can charge; the regulation sets the limits. Council areas such as Hornsby Shire 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. Brooklyn is about 18 km south-west of Gosford, and comparing costs terms doesn't need a trip there. Written terms can be sent by email, questions answered by phone, and our claim check runs by phone and online.

Region
Upper North Shore & Hornsby
Postcode
2083
Local government area
Hornsby Shire Council
Distance to Gosford
~18 km
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Questions to ask before you sign a costs agreement

Costs terms vary between lawyers, so the same label can mean different things. Put these questions to any lawyer before you sign, and compare the answers side by side if you're speaking with more than one.

  • Will you tell me in writing if that estimate changes?
  • Can I have an estimate of total legal costs, in writing?
  • What counts as the claim succeeding under this agreement?
  • What comes out of my compensation at the end, and in what order?
  • Is there a cooling-off period after I sign?
  • What happens to costs if I end the agreement before the claim finishes?

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

  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • You're outside a time limit and need a quick legal view
  • 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 may not need one

  • You only need help with the claim form or finding the right insurer
  • Your statutory benefits claim is accepted and payments are arriving
  • 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?

  • 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 Brooklyn
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Brooklyn sets out when it usually does. CTP lawyer in Brooklyn

Costs that may apply either way

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.

  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

How CTP costs rules fit in

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.

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?

Which terms to get in writing

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

Keep the signed agreement and every costs update with your claim papers. If a bill arrives later, you'll want to check it against the terms you agreed to.

Our claim check is free

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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