Lower North Shore & Ryde · No win, no fee explained

No win, no fee lawyer: what it means in McMahons Point

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

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 McMahons Point, 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: 2060

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The phrase, explained plainly

People often hear “no win, no fee” before they've decided whether they need a lawyer at all. It's worth separating the two questions. First, does your claim need legal help? Many CTP claims don't. Second, if it does, what are this lawyer's actual costs terms? The phrase answers neither question on its own, though the written terms answer the second.

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?

McMahons Point: comparing costs terms from home

Around Chatswood and Ryde, remember that legal costs in CTP claims are regulated, with maximum amounts set by the Motor Accident Injuries Regulation. Ask how a lawyer's no win, no fee terms sit within those limits. Being in the North Sydney 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 McMahons Point, the Sydney CBD is roughly 3 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
Lower North Shore & Ryde
Postcode
2060
Local government area
North Sydney Council
From the Sydney CBD
~3 km
Two people going through a bound document together, one pointing at a clause

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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.

  • How are your professional fees worked out if the claim succeeds?
  • Will you tell me in writing if that estimate changes?
  • 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?
  • What comes out of my compensation at the end, and in what order?
  • 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.

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
  • Fault is contested, and it decides whether damages are possible
  • A settlement offer is waiting for your reply
  • A damages claim looks possible, so legal costs are likely to be part of the picture

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • 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

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
  • If you've decided to engage a solicitor and want to know about the first meeting and the costs documents, the compensation solicitor page covers them. Compensation solicitor in McMahons Point
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for McMahons Point sets out when it usually does. CTP lawyer in McMahons Point

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.

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.

  • Charges for obtaining records
  • Interpreter or translation costs, if any
  • Courier, copying and similar office costs

How to compare costs arrangements fairly

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

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.

Our claim check is free

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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