Eastern Suburbs · No win, no fee explained

No win, no fee lawyers explained for Maroubra

Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.

Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Maroubra, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.

Postcode: 2035

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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.

Disbursements and other costs to ask about

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

Maroubra: comparing costs terms from home

From Randwick to Watsons Bay, you can gather costs terms without driving Anzac Parade or New South Head Road. Ask lawyers to email their terms, then compare what each says about fees if the claim fails. Council areas such as Randwick 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 Maroubra, the Sydney CBD is roughly 9 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
Eastern Suburbs
Postcode
2035
Local government area
Randwick City Council
Distance to Bondi Junction
~7 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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Before you sign: the costs questions that matter

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 happens to costs if I end the agreement before the claim finishes?
  • How are your professional fees worked out if the claim succeeds?
  • Can I have an estimate of total legal costs, in writing?
  • 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?
  • Will you tell me in writing if that estimate changes?

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.

Do you need a lawyer at all?

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

  • Your dispute is heading to the Personal Injury Commission
  • You're outside a time limit and need a quick legal view
  • Fault is contested, and it decides whether damages are possible
  • Someone died in the crash and the family is considering a claim

You may not need one

  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • You're recovering and expect to be back to normal within months
  • One declined request can be sorted out by sending a document you already have

Before you sign any costs agreement, ask for the written costs disclosure and take it home. Check the fee basis, the disbursements and what you'd owe if the claim doesn't succeed. What does a CTP lawyer cost?

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Maroubra. Compensation solicitor in Maroubra
  • 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 Maroubra

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?

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.

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

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.

Start with a free claim check

We don't set any lawyer's fees, and we can't tell you what a lawyer's terms would be. What we can do is check your claim for free, with no obligation, and tell you whether a lawyer is likely to help. If we connect you with one, you decide whether to go ahead after reading their costs terms. We'll also tell you if that lawyer has any connection to us.

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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