If you live in Wallacia 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.
Penrith & the Nepean · No win, no fee explained
Wallacia: 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.
Postcode: 2745
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Reading costs terms from Wallacia, by phone and online
From Penrith to St Marys, 'no win, no fee' describes an arrangement, not a promise that nothing is payable. The written terms decide what you'd owe in each outcome, so read them carefully. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Penrith City 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 Penrith to compare costs arrangements. From Wallacia, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.
- Region
- Penrith & the Nepean
- Postcode
- 2745
- Local government area
- Penrith City Council
- Distance to Penrith
- ~14 km
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What “no win, no fee” generally means
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.
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
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.
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?
- How do the CTP costs rules in the Regulation limit what you can charge?
- What comes out of my compensation at the end, and in what order?
- Which disbursements, such as expert reports, could I be asked to cover, and when?
- What counts as the claim succeeding under this agreement?
- 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.
Regulated costs and what they mean for you
The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.
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?
Comparing costs terms
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.
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
- Courier, copying and similar office costs
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?
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
- 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
- Someone died in the crash and the family is considering a claim
- The insurer has refused your whole claim
You may not need one
- You're happy with how the insurer has handled things so far
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
- Your question is general, and CTP Assist can answer it for free
If a decision has just gone against you, don't let a costs question hold you up. An internal review is generally due within 28 days of receiving the decision, whatever you decide about a lawyer. CTP claim denied
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
- For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Wallacia. Compensation solicitor in Wallacia
- If the bigger question is whether a CTP lawyer is worth it for your claim at all, the CTP lawyer page answers that first. CTP lawyer in Wallacia
Frequently asked questions
Ask about this before you sign, because the answer depends on the agreement and the rules that apply to it. An agreement may include a cooling-off period, and a clear one should explain what happens to costs if you end the arrangement early, including any work already done. If you're unsure, take the agreement away, read it and ask questions first. Signing is easier to delay than to undo.
You may, depending on the agreement. Some arrangements ask you to cover disbursements, such as expert reports or fees for records, whatever the outcome. Others treat them differently. Ask too what you'd owe if you ended the agreement before the claim finished. Ask the lawyer to set out in writing exactly what you'd owe in an unsuccessful claim, and don't sign until the answer is clear.
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.
At least three things: what you'd pay if the claim fails, how disbursements such as expert reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
In an injury claim, it's shorthand for a costs arrangement in which the lawyer is paid professional fees only if the claim succeeds. The arrangement is often set out in what's called a conditional costs agreement. The details vary between lawyers: how success is defined, how disbursements such as expert reports are handled, and what comes out of any compensation. The written terms are what count, so ask for them and read them before you sign.
It's generally the kind of agreement behind a no win, no fee arrangement: one where payment of some or all of the lawyer's fees depends on a condition, usually the claim succeeding. What counts as success, and which costs are conditional, are set out in the agreement itself. Terms vary, so read it closely, ask about anything unclear, and keep a signed copy with your claim papers.
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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.