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Legal Costs Explained

No Win No Fee for eligible compensation matters.

A No Win No Fee arrangement can allow eligible clients to pursue a compensation claim without paying the covered professional legal fees upfront. The exact arrangement, including any disbursements, is set out in a written costs agreement.

Free initial assessment. Clear costs information. No obligation to proceed.

Check Your Eligibility Call (02) 9264 8153

Before You Proceed

Understand what the arrangement covers.

01 Eligibility is assessed before the firm offers an arrangement.

02 The meaning of a successful outcome is defined in writing.

03 Disbursements and court-cost risks must be considered separately.

What It Means

Legal fees linked to the agreed outcome.

A No Win No Fee agreement is a type of conditional costs agreement. It generally defers payment of the professional legal fees covered by the agreement until the claim reaches the successful outcome defined in that document.

It does not mean legal representation is free when a claim succeeds. If the agreed outcome is achieved, the legal fees and other amounts described in the costs agreement become payable.

Potentially Eligible Claims

Available for selected compensation matters.

Eligibility depends on the type of claim, available evidence, prospects of success, likely costs and the circumstances of the matter.

Workers Compensation

Workplace injury claims and related disputes, subject to the applicable scheme and funding arrangements.

Motor Vehicle Accidents

Claims involving injuries caused by motor vehicle accidents and the relevant compulsory third-party insurer.

Medical Negligence

Selected claims involving alleged failures in medical treatment, diagnosis or clinical care.

Public Liability

Claims involving injuries in public, commercial, rental or other spaces controlled by another party.

Insurance & TPD

Some superannuation insurance and total and permanent disability claims may qualify after assessment.

Not every matter qualifies. No Win No Fee arrangements are not ordinarily used for routine conveyancing or property transactions. Adams & Co will explain the proposed costs arrangement after assessing the particular matter.

How Payment Works

What may happen when the claim succeeds—or does not.

The actual position depends on the signed costs agreement and the way the matter concludes.

If the claim succeeds

The agreed legal costs become payable.

Professional fees are calculated under the written costs agreement.
Disbursements and other agreed expenses may also be payable.
A contribution from the other party may not cover the full solicitor-client bill.
Costs may be deducted from settlement funds with the client’s authority.

If the claim does not succeed

Covered professional fees may not be charged.

The result depends on the definition of success in the agreement.
Disbursements may still be payable, depending on the agreement.
If court proceedings were commenced, another party’s costs may become relevant.
The lawyer should explain these risks before proceedings are started.

Costs Explained

Professional fees and disbursements are different.

Understanding the difference makes it easier to read the costs agreement and identify what may remain payable.

Professional legal fees

These are the fees charged for the legal work performed on the matter, including advice, preparation, negotiation, correspondence and other legal services covered by the agreement.

Disbursements

Disbursements are amounts paid or incurred to third parties while preparing and running the matter. The costs agreement should explain who pays them and when.

Medical records Expert reports Court filing fees Barrister’s fees Searches Investigation expenses

Other party’s legal costs

In some court proceedings, an unsuccessful party may be ordered to contribute to another party’s legal costs. This is separate from the fees payable to the client’s own lawyer and should be discussed before litigation begins.

Any uplift fee

Some conditional costs agreements may include an uplift fee. If an uplift is proposed, the written agreement must explain the basis of calculation and the additional amount or percentage. Adams & Co should confirm whether an uplift applies in the particular matter.

Your Costs Agreement

Read the arrangement before you decide to proceed.

The written costs agreement—not the general information on this webpage—governs the actual payment arrangement between the client and the firm.

No Win No Fee FAQs

Common questions about legal costs.

These answers are general. The firm will explain the proposed arrangement for your particular matter before you decide whether to proceed.

Does No Win No Fee mean the case is free?

No. If the matter reaches the successful outcome defined in the costs agreement, the agreed professional fees and other applicable amounts become payable.

Do all compensation claims qualify?

No. Adams & Co must first assess the type of claim, evidence, prospects, likely costs and other relevant circumstances before deciding whether to offer a conditional costs agreement.

Will I pay anything upfront?

The covered professional fees are generally deferred under a No Win No Fee arrangement. The treatment of disbursements and any other payments depends on the written agreement.

What happens to legal costs after settlement?

The firm calculates the legal fees and other amounts payable under the costs agreement. Where authorised, those amounts may be paid from the settlement funds before the balance is released to the client.

Can I still owe disbursements if the claim is unsuccessful?

Potentially. A No Win No Fee agreement may deal differently with the solicitor’s professional fees and third-party disbursements. The agreement should state whether disbursements remain payable.

Could I have to pay the other party’s costs?

In some court proceedings, an unsuccessful party may be ordered to contribute to the other party’s legal costs. Your lawyer should explain this risk before court proceedings are commenced.

Does No Win No Fee apply to conveyancing?

No Win No Fee arrangements are generally associated with selected compensation claims rather than routine conveyancing and property transactions. Ask the firm for a conveyancing costs quote instead.

Can I obtain independent advice before signing?

Yes. A conditional costs agreement should state that you have the right to seek independent legal advice before entering into it.

General information only. This page does not form a costs agreement and does not determine what any particular client will pay. The applicable written costs agreement, legislation, court orders and circumstances of the matter determine the actual costs position.