Inner West · No win, no fee explained

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

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The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as expert reports in different ways, and success can be defined in different ways too. If you live in or near Enfield, 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: 2136

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The phrase, explained plainly

“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.

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

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.

Enfield: comparing costs terms from home

If you were hurt on Victoria Road or Concord Road, ask what would come out of any compensation if the claim succeeds: professional fees, disbursements, or both, and how each is worked out. Council areas such as Burwood 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 Enfield, the Sydney CBD is roughly 11 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
Inner West
Postcode
2136
Local government area
Burwood Council
From the Sydney CBD
~11 km
Two people going through a bound document together, one pointing at a clause

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Questions to ask before you sign a costs agreement

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 comes out of my compensation at the end, and in what order?
  • Can I take the agreement away and read it before signing?
  • How are your professional fees worked out if the claim succeeds?
  • Can I have an estimate of total legal costs, in writing?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • 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.

Before costs: do you need legal help?

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

  • You're outside a time limit and need a quick legal view
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • The insurer has refused your whole claim
  • Your dispute is heading to the Personal Injury Commission

You may not need one

  • Your question is general, and CTP Assist can answer it for free
  • You're recovering and expect to be back to normal within months
  • You only need help with the claim form or finding the right insurer

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?

  • 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 Enfield. Compensation solicitor in Enfield
  • 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 Enfield

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.

  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any

How CTP costs rules fit in

The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.

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?

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

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.

Start with a free claim check

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 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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