Inner West · No win, no fee explained

No win, no fee lawyers explained for Lewisham

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 expert reports in different ways, and success can be defined in different ways too. If you live in or near Lewisham, 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: 2049

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Reading costs terms from Lewisham, by phone and online

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. Being in the Inner West Council area doesn't change the costs rules for a CTP claim. Maximum legal costs are set statewide by regulation, so a lawyer in another council area works to the same limits as one down the road. From Lewisham, the Sydney CBD is roughly 7 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
2049
Local government area
Inner West Council
Distance to Burwood
~4 km
An older man and a younger woman working through something together on a laptop at home

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What “no win, no fee” generally means

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 costs terms

Comparing costs terms isn't about finding the cheapest lawyer at any price. It's about knowing what you're agreeing to. Check how each arrangement treats disbursements, how each defines success, and whether each gives you an estimate in writing. The costs terms are one part of the decision, not all of it, but they're the part you can check on paper.

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.

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.

  • How are your professional fees worked out if the claim succeeds?
  • Will you tell me in writing if that estimate changes?
  • Which disbursements, such as expert reports, could I be asked to cover, and when?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • 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.

Costs that may apply either way

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
  • The cost of any expert opinion the lawyer arranges

Which terms to get 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.

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.

Some help is free to use. SIRA funds a CTP Legal Advisory Service for statutory benefits questions on accidents from 1 December 2017, reached through CTP Assist on 1300 656 919. It doesn't cover damages claims, older-scheme claims or matters already at internal review or the Personal Injury Commission. Workers compensation is a separate scheme again: in a workers compensation dispute, legal costs may be funded through the Independent Review Office's ILARS program if a grant is approved, and that program doesn't cover CTP claims.

Read next:What does a CTP lawyer cost?

Start with a free claim check

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

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

  • The insurer has refused your whole claim
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • A settlement offer is waiting for your reply
  • Fault is contested, and it decides whether damages are possible

You may not need one

  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • Your question is general, and CTP Assist can answer it for free
  • One declined request can be sorted out by sending a document you already have

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

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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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