No Win No Fee Lawyers in Australia

No win no fee lawyers in Australia charge their professional fees only if your claim succeeds, and any extra "uplift" fee for winning is capped at 25% of those fees in litigious matters under the Legal Profession Uniform Law (s 182) and the Legal Profession Act 2007 (Qld) (s 324). The cap applies to the lawyer's fees, not to your compensation.

Compare the ranked firms below that offer no win no fee terms for personal injury, workers compensation, motor vehicle, medical negligence, TPD and some employment claims. Before you sign, check three things in the written agreement: what counts as a "win", the uplift percentage, and who pays disbursements if you lose.

What does "no win no fee" mean?

"No win no fee" is the everyday name for a conditional costs agreement: a written agreement under which some or all of the lawyer's legal costs are payable only if the matter has a successful outcome, as defined in the agreement (Legal Profession Uniform Law, s 181). The agreement must be in plain language, set out what counts as a successful outcome, be signed by the client, and include a cooling-off period of at least 5 clear business days.

"No win no fee" does not mean the claim is free. Three costs can still fall on the client:

1. Disbursements. The agreement may require medical reports, court fees and barristers' fees to be paid whatever the outcome.
2. The other side's costs. If a court case is lost, the court can order the losing party to pay the winner's legal costs.
3. Costs on early termination. Ending the agreement after the cooling-off period can make fees for work already done payable.

"No win no fee" vs "no win no charge"

Some firms use "no win no charge" to signal that disbursements are also waived if the claim fails. The label has no legal meaning of its own. The costs agreement decides what you pay, so read the disbursements clause rather than relying on the slogan.

How much do no win no fee lawyers take?

No win no fee lawyers take their normal professional fees plus an optional uplift of up to 25% of those fees, and percentage-of-damages contingency fees are prohibited except for group costs orders in Victorian class actions. In litigious matters, an uplift is allowed only if the firm reasonably believes a successful outcome is reasonably likely.

How much do no win no fee lawyers take in NSW?

No win no fee lawyers in NSW take their professional fees plus an uplift of no more than 25% of those fees. Where a personal injury claim recovers $100,000 or less, Schedule 1 of the Legal Profession Uniform Law Application Act 2014 (NSW) caps the claimant's costs at 20% of the amount recovered or $10,000, whichever is greater. That cap does not limit costs the client has agreed to pay under a costs agreement that complies with the Uniform Law, so read the agreement closely.

How much do no win no fee lawyers take in QLD?

No win no fee lawyers in Queensland take their professional fees plus an uplift of no more than 25% of those fees. For speculative personal injury claims, section 347 of the Legal Profession Act 2007 (Qld) adds the "50/50 rule": legal costs cannot exceed half of the settlement or judgment after statutory refunds and disbursements are deducted, unless the Queensland Law Society or Bar Association approves a higher amount.

Which cases can you get on a no win no fee basis?

A conditional costs agreement can cover any matter except criminal proceedings and Family Law Act 1975 matters. These eight matter types are commonly run on no win no fee terms:

1. Personal injury and public liability. Claims against an insurer for negligence; compare Personal Injury & Compensation Lawyers in Australia.
2. Workers compensation. In NSW, the Independent Review Office's ILARS program funds legal advice from approved lawyers for eligible disputes; compare Workers Compensation Lawyers in Australia.
3. Motor vehicle accidents. CTP, TAC and other state scheme claims; compare Car Accident Lawyers in Australia.
4. Medical negligence. Claims against a doctor or hospital's insurer; compare Medical Negligence Lawyers in Australia.
5. TPD and income protection. Insurance claims through super; compare TPD & Superannuation Claim Lawyers in Australia.
6. Dust diseases. Claims for asbestos-related and other dust diseases.
7. Employment. Some unfair dismissal and general protections claims; compare Employment Lawyers in Australia.
8. Class actions. Group claims, including Victorian class actions under a group costs order.

Can you get a no win no fee family or criminal lawyer?

No. Conditional costs agreements are not permitted in criminal proceedings or proceedings under the Family Law Act 1975 (Cth) (Legal Profession Uniform Law, s 181; Legal Profession Act 2007 (Qld), s 323(2)). For those matters, check Legal Aid in Australia or ask for a fixed fee from Family Lawyers in Australia or Criminal Lawyers in Australia.

Can you get a no win no fee defamation lawyer?

Sometimes. The law allows a conditional costs agreement in a defamation claim, but a lawyer will usually offer one only where the merits are strong and the other side can pay. Compare Defamation Lawyers in Australia.

What are the downsides of no win no fee?

The downsides of no win no fee are six costs and conditions that sit in the agreement, not the advertising:

1. The uplift fee. Up to 25% on top of professional fees if you win.
2. Disbursements. They may be payable even if you lose.
3. Interest on funded disbursements. Some firms or funders charge it.
4. Adverse costs. If a court case is lost, you can be ordered to pay the other side's costs.
5. Termination clauses. Some agreements make fees payable if you end the agreement or reject advice to settle.
6. A narrow definition of "win". A modest settlement can still count as a win that triggers full fees.

Can you lose money in a no win no fee case?

Yes. You can lose money in a no win no fee case through disbursements and an adverse costs order, unless the agreement says the firm covers both. Ask the firm to confirm in writing what you would owe if the claim fails at each stage.

Is it worth using a no win no fee lawyer?

A no win no fee agreement suits claims with clear liability, a solvent defendant or insurer, and a client who cannot fund legal fees as the claim runs. Every client must receive written costs disclosure, including an estimate of total legal costs, once costs are likely to exceed $750 (Legal Profession Uniform Law, s 174).

In our view, the most useful step is to compare the written terms of two or three firms side by side. The uplift percentage, disbursement policy and definition of a win differ far more between firms than the "no win no fee" label suggests. Fee methods across all practice areas are compared in How Much Does a Lawyer Cost in Australia?.

Questions to ask before you sign a no win no fee agreement

Ask these eight questions and get the answers in writing:

1. What exactly counts as a "win" or successful outcome?
2. Is there an uplift fee, and what percentage?
3. Who pays disbursements during the claim and if it fails?
4. Is interest charged on funded disbursements?
5. Who pays the other side's costs if the court case is lost?
6. What is the estimate of total legal costs?
7. How long is the cooling-off period (at least 5 clear business days)?
8. Who will run my file day to day?

No win no fee lawyers by city

The state, not the city, sets the fee rules. Use the city pages to compare firms and local rules: