Wollongong & the Illawarra · No win, no fee explained

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

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

Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Woonona, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.

Postcode: 2517

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Legal costs and where you live: Woonona

Around Wollongong and Shellharbour, compare costs terms on the same points: fee basis, disbursements, the definition of success and what happens if you end the agreement. Like for like is fairer. Being in the Wollongong City Council area doesn't change the costs rules for a CTP claim. Maximum legal costs are set statewide by regulation, so a lawyer in another council area works to the same limits as one down the road. Woonona is about 9 km north of Wollongong, and comparing costs terms doesn't need a trip there. Written terms can be sent by email, questions answered by phone, and our claim check runs by phone and online.

Region
Wollongong & the Illawarra
Postcode
2517
Local government area
Wollongong City Council
Distance to Wollongong
~9 km
Two people talking through paperwork across a desk in a bright office

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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.

Questions to ask before you sign a costs agreement

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 are your professional fees worked out if the claim succeeds?
  • Can I have an estimate of total legal costs, in writing?
  • Is there a cooling-off period after I sign?
  • What counts as the claim succeeding under this agreement?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Which disbursements, such as expert 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.

Costs that may apply either way

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 expert 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 expert reports
  • Charges for obtaining records
  • Filing or application fees, where they apply

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

Keep the signed agreement and every costs update with your claim papers. If a bill arrives later, you'll want to check it against the terms you agreed to.

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?

Our claim check is free

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

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

  • Your dispute is heading to the Personal Injury Commission
  • Your injuries are serious and the claim may run for years
  • The insurer has refused your whole claim
  • A settlement offer is waiting for your reply

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
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

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?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Woonona. Compensation solicitor in Woonona
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Woonona sets out when it usually does. CTP lawyer in Woonona

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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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