Canterbury-Bankstown · No win, no fee explained

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

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

If you live in Campsie 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: 2194

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A costs arrangement, not a promise

The idea is simple: if the claim doesn't succeed, the lawyer's own fees generally aren't charged. In practice, arrangements differ. Some treat disbursements, such as expert reports, one way and some another. Some define success narrowly and others broadly. The phrase is shorthand for an arrangement, and only the written costs terms tell you what that particular arrangement is.

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

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.

Costs questions for people in Campsie

If you were hurt on the Hume Highway or Canterbury Road, ask for an estimate of total costs as well as the fee basis. An estimate helps you check any later bill against what you agreed. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under the City of Canterbury-Bankstown 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 Burwood to compare costs arrangements. From Campsie, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Canterbury-Bankstown
Postcode
2194
Local government area
City of Canterbury-Bankstown
Distance to Burwood
~3 km
Two people going through a bound document together, one pointing at a clause

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Six questions worth asking about costs

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 do the CTP costs rules in the Regulation limit what you can charge?
  • Can I have an estimate of total legal costs, in writing?
  • Will you tell me in writing if that estimate changes?
  • Is there a cooling-off period after I sign?
  • Which disbursements, such as expert reports, could I be asked to cover, and when?
  • 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

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

  • The insurer has refused your whole claim
  • Fault is contested, and it decides whether damages are possible
  • Your injuries are serious and the claim may run for years
  • A settlement offer is waiting for your reply

You may not need one

  • You're recovering and expect to be back to normal within months
  • You're happy with how the insurer has handled things so far
  • Your statutory benefits claim is accepted and payments are arriving

If a decision has just gone against you, don't let a costs question hold you up. An internal review is generally due within 28 days of receiving the decision, whatever you decide about a lawyer. CTP claim denied

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

What you might still pay

Even under a no win, no fee arrangement, some costs may still be payable. The most common are disbursements: out-of-pocket expenses such as expert reports, records and filing fees that a lawyer pays on your behalf. Some agreements ask you to cover these whatever the outcome; others don't. The only way to know is to ask, and to see the answer written into the agreement.

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

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.

How CTP costs rules fit in

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?

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

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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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