"No Win No Fee": eight questions to ask before you sign

"No Win No Fee" is one of the most searched phrases in Australian personal injury law, and one of the least understood. In legal terms it is a conditional costs agreement: the lawyer's professional fees are only payable if your claim succeeds. Everything else about it, from what counts as a win to who pays the expenses along the way, depends on the written agreement you sign.

These eight questions are worth asking any lawyer before you agree to anything. A good firm will answer them clearly and in writing.

1. What exactly counts as a "win"?

Ask how the agreement defines a successful outcome. Is it any payment at all, an amount above a threshold, or a settlement you accept? If you receive an offer the lawyer recommends and you decline it, does that change anything? The definition decides when fees become payable.

2. What will I pay if I lose?

"No fee" usually refers to the lawyer's own professional fees. Ask separately about disbursements: medical reports, court filing fees, expert opinions and barristers. Some firms carry these costs and only recover them if you win; others expect you to pay them as they arise. Ask also whether you could be ordered to pay the other side's legal costs if a court claim fails, and whether the firm offers any protection against that.

3. Is there an uplift fee, and how is it calculated?

An uplift is an extra amount added to the professional fees because the lawyer took the risk of not being paid. Where an uplift is allowed it must be disclosed in writing, and under the Legal Profession Uniform Law it is capped at 25 per cent of the legal fees, never a percentage of your compensation. In New South Wales, Victoria and Western Australia the Uniform Law does not permit an uplift in a claim for damages, which covers most personal injury matters. In Queensland an uplift can apply, capped at 25 per cent, and a separate rule limits fees to no more than half of what is left after refunds and disbursements. Ask which rules apply to you and see them written into the agreement.

4. Can I see a written estimate?

Lawyers must give you written costs disclosure before or as soon as practicable after they start work, including an estimate of total costs and the basis on which fees are charged. Ask for the estimate, ask what would make it change, and ask how often you will get updates. If disclosure is not made properly, the costs agreement can be void and the costs assessed independently.

5. Is there a cooling-off period?

A conditional costs agreement must give you a cooling-off period of at least five clear business days after you sign, during which you can cancel by written notice. If you cancel in that window, the firm can only charge for work already done and cannot charge an uplift. Take the five days if you need them.

6. Who will actually do the work?

The person you meet is not always the person who runs your file. Ask who will handle the day-to-day work, what their experience is with your type of claim in your state, and how you contact them. Hourly rates differ between a partner, a solicitor and a paralegal, so this affects the bill as well as the service.

7. What happens if I change lawyers, or stop?

Life changes and so do claims. Ask what you would owe if you moved to another firm part-way through, or decided not to continue at all. Some agreements make fees payable immediately in those situations; others wait until the claim finishes.

8. Will I get a copy of everything?

You are entitled to a copy of the costs agreement, the disclosure and every bill. Keep them with your other claim records. If a bill later looks wrong, you can ask the firm to explain it, and you have the right to have costs assessed independently.

Where to read more

The Victorian Legal Services Board has a plain-English fact sheet on "No win, no fee" agreements, and the Law Society of NSW explains costs disclosure rules under the Uniform Law. Our own guide to No Win No Fee and the page on understanding legal fees cover the questions in more detail.

Australian Claim Helpline is not a law firm and does not set any lawyer's fees. If we connect you with a lawyer, their costs agreement is between you and them, and you are free to ask every question on this list before you sign.

General information published 25 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. Check your own position with a qualified adviser.

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