Upper North Shore & Hornsby · No win, no fee explained

How a no win, no fee lawyer charges: a Mount Kuring-gai guide

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

If you live in Mount Kuring-gai and you've seen “no win, no fee” in a lawyer's advertising, it helps to know what the phrase generally means before you rely on it. In most cases it refers to an arrangement where you pay the lawyer's professional fees only if the claim succeeds. The details differ between lawyers, and some costs may still be payable either way. This page explains what to ask, and our claim check is free.

Postcode: 2080

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Costs questions for people in Mount Kuring-gai

From Wahroonga to Brooklyn, lawyers anywhere in NSW can send you their costs terms. Distance along the Pacific Highway or the M1 has nothing to do with what they can charge; the regulation sets the limits. Council areas such as Hornsby Shire 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 Mount Kuring-gai, the Sydney CBD is roughly 25 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
Upper North Shore & Hornsby
Postcode
2080
Local government area
Hornsby Shire Council
Distance to Hornsby
~7 km
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A costs arrangement, not a promise

“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.

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
  • Interpreter or translation costs, if any

Six questions worth asking about costs

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.

  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Can I take the agreement away and read it before signing?
  • Will you tell me in writing if that estimate changes?
  • 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?
  • 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.

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?

Which terms to get in writing

Ask the lawyer to confirm in writing how their fees would be calculated if the claim succeeds, and what, if anything, you'd owe if it doesn't. Ask the same about disbursements, and about costs if you end the agreement early. Written answers let you compare lawyers fairly and avoid surprises at the end of the claim.

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 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.

The one promise we make about cost

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

Do you need a lawyer at all?

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

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 damages claim looks possible, so legal costs are likely to be part of the picture
  • Someone died in the crash and the family is considering a claim

You may not need one

  • You're recovering and expect to be back to normal within months
  • Your statutory benefits claim is accepted and payments are arriving
  • You're happy with how the insurer has handled things so far

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 Mount Kuring-gai
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Mount Kuring-gai sets out when it usually does. CTP lawyer in Mount Kuring-gai

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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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