Wollongong & the Illawarra · No win, no fee explained

How a no win, no fee lawyer charges: a Bulli guide

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

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Bulli can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2516

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Bulli: comparing costs terms from home

Around Wollongong and Shellharbour, compare costs terms on the same points: fee basis, disbursements, the definition of success and what happens if you end the agreement. Like for like is fairer. Council areas such as Wollongong City 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 Bulli, the Sydney CBD is roughly 59 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
Wollongong & the Illawarra
Postcode
2516
Local government area
Wollongong City Council
Distance to Wollongong
~10 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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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.

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 expert 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

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.

Questions to ask before you sign a costs agreement

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.

  • How are your professional fees worked out if the claim succeeds?
  • Is there a cooling-off period after I sign?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • What happens to costs if I end the agreement before the claim finishes?
  • Can I take the agreement away and read it before signing?
  • If the claim doesn't succeed, what would I have to pay, if anything?

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.

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.

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 expert 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 records
  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges

No win, no fee in a CTP claim

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?

Our claim check is free

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

Do you need a lawyer at all?

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

  • Fault is contested, and it decides whether damages are possible
  • The insurer has refused your whole claim
  • 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 may not need one

  • One declined request can be sorted out by sending a document you already have
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • Your statutory benefits claim is accepted and payments are arriving

For statutory benefits questions, SIRA's free CTP Legal Advisory Service may help before any costs agreement is needed. CTP Assist on 1300 656 919 can put you in touch. Do I need a lawyer?

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
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Bulli. Compensation solicitor in Bulli
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Bulli sets out when it usually does. CTP lawyer in Bulli

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