Goulburn & Southern Tablelands · No win, no fee explained

How a no win, no fee lawyer charges: a Wiarborough guide

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

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Wiarborough can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2580

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Costs questions for people in Wiarborough

Near the ACT, confirm the crash happened in NSW. The ACT has its own scheme, and its costs rules may differ, so the NSW position described here may not apply to you. Council areas such as Upper Lachlan 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 Wiarborough, the Sydney CBD is roughly 129 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
Goulburn & Southern Tablelands
Postcode
2580
Local government area
Upper Lachlan Shire Council
Distance to Goulburn
~58 km
A man in a jacket reading through a sheaf of papers on a sofa

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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.

How CTP costs rules fit in

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?

Before you sign: the costs questions that matter

You don't need to be an expert to read a costs agreement well. You need the right questions. Here are the ones that tend to matter most in a motor accident claim.

  • Will you tell me in writing if that estimate changes?
  • Can I take the agreement away and read it before signing?
  • Is there a cooling-off period after I sign?
  • Can I have an estimate of total legal costs, in writing?
  • 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?

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.

Disbursements and other costs to ask about

If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as expert reports. The agreement should also say what happens to costs if you end it early. None of this is meant to alarm you; it's the reason to read the costs terms closely and ask questions before signing.

  • Charges for obtaining records
  • Filing or application fees, where they apply
  • Courier, copying and similar office costs

How to compare costs arrangements fairly

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.

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.

Start with a free claim check

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

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

  • A settlement offer is waiting for your reply
  • 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
  • You're outside a time limit and need a quick legal view

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • Your question is general, and CTP Assist can answer it for free
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

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?

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

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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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