Sydney CBD & inner city · No win, no fee explained

The Rocks: questions to ask a no win, no fee lawyer

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 The Rocks 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: 2000

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What “no win, no fee” generally means

“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.

The costs terms worth having 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 medical 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.

Reading costs terms from The Rocks, by phone and online

If St Vincent's Hospital or Royal Prince Alfred Hospital treated you, a lawyer may need reports from the doctors there. Ask whether the cost of medical reports is payable if the claim doesn't succeed, and get the answer in writing. Council areas such as the City of Sydney 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.

Region
Sydney CBD & inner city
Postcode
2000
Local government area
City of Sydney
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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.

  • Can I have an estimate of total legal costs, in writing?
  • Will you tell me in writing if that estimate changes?
  • What counts as the claim succeeding under this agreement?
  • What comes out of my compensation at the end, and in what order?
  • What happens to costs if I end the agreement before the claim finishes?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?

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.

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
  • Someone died in the crash and the family is considering a claim
  • You're outside a time limit and need a quick legal view
  • Your dispute is heading to the Personal Injury Commission

You may not need one

  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • One declined treatment request can be sorted out with a report from your doctor
  • You're happy with how the insurer has handled things so far

A lawyer's work runs on medical evidence, starting with the Certificate of Fitness. If you don't yet have a treating team that knows the CTP scheme, doctors and allied health are often the first help to arrange.

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

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.

Regulated costs and what they mean for you

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?

What you might still pay

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
  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges

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 a doctor, 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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