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 Monterey, 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.
St George & Bayside · No win, no fee explained
How a no win, no fee lawyer charges: a Monterey guide
Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.
Postcode: 2217
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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.
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.
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?
Legal costs and where you live: Monterey
Around Hurstville and Kogarah, a no win, no fee arrangement is usually set out in a conditional costs agreement. Read it at home, and ask about any clause you don't follow before signing. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Bayside Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Monterey, the Sydney CBD is roughly 13 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
- St George & Bayside
- Postcode
- 2217
- Local government area
- Bayside Council
- Distance to Hurstville
- ~4 km
Free claim check
A free claim check before any costs talk
There's no charge for our claim check and no obligation. Tell us what's happened by phone or online, and we'll tell you whether a lawyer is likely to help.
Before you sign: the costs questions that matter
Costs terms vary between lawyers, so the same label can mean different things. Put these questions to any lawyer before you sign, and compare the answers side by side if you're speaking with more than one.
- Which disbursements, such as expert reports, could I be asked to cover, and when?
- What comes out of my compensation at the end, and in what order?
- 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?
- Can I have an estimate of total legal costs, in writing?
- How are your professional fees worked out if the claim succeeds?
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?
Plenty of CTP claims run from start to finish without a lawyer, which makes no win, no fee beside the point. Others clearly need legal help. These lists give a rough guide to each.
Often worth talking to a lawyer
- Your dispute is heading to the Personal Injury Commission
- The insurer has refused your whole claim
- You're outside a time limit and need a quick legal view
- You've been offered costs terms and can't tell what you'd owe if the claim failed
You may not need one
- You only need help with the claim form or finding the right insurer
- One declined request can be sorted out by sending a document you already have
- Your statutory benefits claim is accepted and payments are arriving
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?
- 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
- 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 Monterey
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Monterey sets out when it usually does. CTP lawyer in Monterey
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
Store the written terms with the rest of your claim documents. Checking a later bill against what you signed is much easier when the agreement is to hand.
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 that may apply either way
The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for expert reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.
- Charges for obtaining records
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
Our claim check is free
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
Frequently asked questions
No. It generally means the lawyer's own fees aren't charged if the claim doesn't succeed. Other costs may still apply, such as disbursements for expert reports, depending on the terms. If the claim succeeds, fees are generally paid, often from the compensation. Legal costs in a CTP claim are capped by regulation as well. The only free thing we can promise is our own claim check, which comes with no obligation.
It depends on the lawyer, so ask before the conversation starts. Some lawyers may not charge for an initial discussion about a motor accident claim, and others may; don't assume either way. Our claim check is different: it's free, with no obligation, and it can tell you whether a lawyer would add anything to your claim before you have that conversation.
No. Many lawyers who handle motor accident claims offer arrangements described as no win, no fee, but not all do, and the terms of those who do are not the same. Some may charge in other ways for some kinds of work. Whatever a lawyer offers, ask for a written costs disclosure and read it before you agree. We don't set any lawyer's fees or terms.
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
That depends on the costs terms, so ask for a written explanation before you sign. Generally, the lawyer's professional fees and any disbursements are paid, and some or all of that may come out of the compensation. In a CTP claim, maximum legal costs are capped by regulation, and in statutory benefits matters the insurer pays the costs the rules allow. Ask for a written breakdown at the end, too.
Ask both for their terms in writing, then compare them on the same points: what you'd owe if you lose, how disbursements are handled, how fees are worked out on success, how success is defined and the estimate of total costs. If one set of terms is vague on any of these, ask for more detail. Take your time; a costs agreement doesn't have to be signed at the first conversation.
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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.