Inner West · No win, no fee explained

No win, no fee lawyer: what it means in Petersham North

Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.

If you live in Petersham North 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: 2049

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Petersham North: comparing costs terms from home

If Concord Repatriation General Hospital or Canterbury Hospital treated you, medical reports may be needed later. Ask whether those reports would be billed to you as disbursements, and when, before you agree to anything. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Inner West Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. There's no need to travel to Burwood to compare costs arrangements. From Petersham North, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Inner West
Postcode
2049
Local government area
Inner West Council
Distance to Burwood
~5 km
Two people going through a bound document together, one pointing at a clause

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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.

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.

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?
  • What counts as the claim succeeding under this agreement?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Can I take the agreement away and read it before signing?
  • How do the CTP costs rules in the Regulation limit what you can charge?

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.

Put the arrangement on paper

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.

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 medical 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 medical reports
  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any

No win, no fee in a CTP claim

A NSW CTP claim has its own costs rules, and they apply whatever a lawyer's arrangement is called. Maximum legal costs are set by the Motor Accident Injuries Regulation and indexed each year. In a statutory benefits claim, costs are recoverable only where the Regulation or the Personal Injury Commission allows, and for some disputes they can't be recovered at all. A no win, no fee arrangement has to fit around those rules.

Before paying for advice, check what's free. SIRA's CTP Legal Advisory Service gives free legal advice on statutory benefits for accidents from 1 December 2017, and CTP Assist on 1300 656 919 can connect you with it. It won't run a damages claim, and it doesn't take on disputes that have already reached internal review or the Commission, but for many early questions it means no costs agreement is needed at all.

Read next:What does a CTP lawyer cost?

The one promise we make about cost

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

Lawyer or not? Settle that first

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

  • A settlement offer is waiting for your reply
  • Fault is contested, and it decides whether damages are possible
  • Your dispute is heading to the Personal Injury Commission
  • You've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • Your question is general, and CTP Assist can answer it for free
  • You only need help with the claim form or finding the right insurer
  • One declined treatment request can be sorted out with a report from your doctor

Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.

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
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Petersham North. Compensation solicitor in Petersham North
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Petersham North sets out when it usually does. CTP lawyer in Petersham North

Frequently asked questions

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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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