No Win, No Fee Terms & Conditions
Terms & Conditions
1. The offer applies to all personal injury claims for conditional costs agreements in every state of Australia (i.e. workers’ compensation, motor vehicle accidents, occupiers or public liability, medical negligence, or institutional abuse etc.)
2. Our offer to conduct a case on a No Win, No Fee basis or a conditional costs agreement is subject to our approval and acceptance of the case and its prospects of success. For example, if a person has been injured in a motor vehicle accident and is the driver, they may not be able to establish negligence if the accident is their fault. Likewise, there are cases where the client’s injuries and damages generally are not sufficient to warrant bringing a claim with lawyers involved and the costs associated with same. Accordingly, any case that is accepted by us on a No Win, No Fee basis must satisfy the criteria/conditions that:-
(a) It has reasonable prospects of success in relation to liability;
(b) The likely amount of damages recoverable for the claim make it commercially viable to pursue in terms of the costs associated with prosecuting the claim as well as costs that are recoverable from the insurer or other parties (if any);
(c) The assessment as to whether a case has reasonable prospects and/or sufficient damages to be recoverable to make it economically viable rests solely with Attwood Marshall Lawyers and is completely at our discretion;
(d) You promptly sign and return our Costs Agreement and cooperate throughout the claim to ensure it is prosecuted diligently, including accepting our advice as to the management of the claim and considering any reasonable offers of settlement that are made by the defendants.
3. The basic condition of the No Win, No Fee arrangement is that we will only charge you our costs and disbursements in accordance with our conditional costs agreement if there is a successful outcome of your matter. The definition of a ‘successful outcome’ is a verdict or settlement of your matter in your favour. A successful verdict is when you take a matter to trial and obtain a judgment from the Court. A settlement of the matter is where the matter is settled by way of offer and acceptance for an amount prior to the hearing (this can occur through negotiations or at a compulsory conference or Mediation).
4. Sometimes an offer of settlement will be made to you that we believe should be accepted due to all of the relevant issues applying to your case. In some cases, if you fail to accept our advice in relation to the amount of the offer that is being made by the insurance company and/or the defendants, we can terminate our retainer, withdraw from acting on your behalf and refuse to continue with the case. This is a complicated area and there are many factors involved in relation to making a decision about whether a case should be settled or proceed to trial. Once again, the decision in relation to this aspect of the matter is entirely ours and is not made without careful consideration being given to all relevant factors. Certain evidence and matters can come up during the course of the matter which may change our opinion as to your prospects of success and/or our decision to continue with the matter on a No Win, No Fee basis. Once again, this can be quite complicated in relation to all the relevant issues but we will always do what is best for you as the client and discuss these matters with you fully and carefully before making any decisions.
5. If we cannot settle your case or we go to trial and lose, we will not charge you anything for costs and disbursements. This will only apply if we do not recover damages and/or costs from the insurer in relation to the matter. This does not mean that we will pay for costs that are awarded against you in favour of the defendants and/or the insurance company in the event that you lose your case. It is important that you understand that if you run a case and lose, you could have costs awarded against you and these could be a considerable amount. If you have assets in your name or work in a job where you are earning a wage, the insurance company and/or the defendants can enforce a judgment against you and sell up your assets and/or garnishee your wage to satisfy any judgment obtained. It is therefore very important that you only proceed with a case that has reasonable prospects of success.
Please note in some instances we may accept No Win, No Fee on commercial and estate litigation cases applying the above criteria and conditions. This is determined
on a case-by-case basis.
If you require any further information about Personal Injury Claims please do not hesitate to contact Department Manager Tyra Hanson on direct line 07 5506 8261, Freecall 1800 621 071 or email: thanson@attwoodmarshall.com.au for a free initial consultation and discuss our ‘No Win, No Fee’ terms. We have a dedicated team of lawyers who specialise in this area of law and practice exclusively in personal injury claims.
If you require any further information about Commercial Litigation or Estate Litigation matters please do not hesitate to contact Department Manager Georgia Trapp on direct line 07 5506 8278, freecall 1800 621 071 or email: gtrapp@attwoodmarshall.com.au to discuss our ‘No Win, No Fee’ terms.
Frequently Asked Questions
How does No Win, No Fee work?
A “no win, no fee” arrangement means you do not have to pay your lawyer’s professional fees if your compensation claim is unsuccessful. Legal fees are only payable if your claim is resolved successfully and compensation is recovered on your behalf.
Under this arrangement, your lawyer covers the cost of their professional work while the claim is ongoing. If the claim is successful, legal fees are usually paid from the compensation awarded, in accordance with the cost agreement provided to you at the outset. If the claim is not successful, you are not required to pay those legal fees.
Our team will clearly explain how a no win, no fee agreement works, what costs may still be payable, and how fees are calculated, so you can make an informed decision before proceeding and there is complete transparency about fee arrangements.
Do you offer No Win, No Fee arrangements for all states in Australia?
Yes. Attwood Marshall Lawyers may offer No Win, No Fee arrangements for eligible matters across all Australian states and territories.
However, every claim is assessed individually. Whether a matter is accepted on a No Win, No Fee basis depends on several factors, including:
- the legal merits of the claim,
- the available evidence,
- the likely prospects of success,
- the estimated value of the claim,
- and whether the matter is commercially viable to pursue.
It is also important to understand that laws relating to personal injury claims, legal costs, and court procedures differ between states and territories, including between Queensland and New South Wales. Our lawyers will explain any state-specific considerations that may apply to your matter during your initial consultation.
How much does a lawyer take in a No Win, No Fee arrangement?
The legal costs payable in a No Win, No Fee matter depend on the type, complexity, duration, and outcome of the claim. There is no standard percentage that applies to every case.
Before we commence acting, clients are provided with a written Costs Agreement explaining:
- how legal fees are calculated
- what disbursements may arise
- when costs may become payable
- and how costs may be recoverable at the conclusion of the matter.
In some circumstances, legal costs may become payable before the end of a claim. This may include where a client chooses to terminate the agreement, instruct another firm to take over the matter, or where we are required to stop acting because instructions are not being followed or the solicitor-client relationship has broken down.
Where this occurs, we may be entitled to recover payment for work already completed and disbursements incurred. We may also be entitled to exercise a solicitor’s lien over the file until outstanding costs are resolved, subject to our professional obligations.
In QLD and NSW, strict legal and professional obligations apply to how lawyers disclose costs and charge fees in personal injury matters.
We believe it is important that clients fully understand the financial aspects of their claim before proceeding and our team will take the time to explain any questions you may have about costs.
What types of claims fall under a No Win, No Fee arrangement?
Subject to assessment and approval, No Win, No Fee arrangements may be available for a range of compensation claims, including:
- motor vehicle accidents
- workplace and workers’ compensation claims
- public liability accidents
- medical negligence claims
- institutional abuse claims
- total and permanent disability claims (TPD)
- some commercial litigation and estate litigation disputes.
Not every matter will qualify for a No Win, No Fee or deferred fee arrangement. Each case is carefully assessed based on its individual circumstances, legal merit, and prospects of success.
What happens if I reject a settlement offer?
During the course of a claim, settlement offers may be made by an insurer or defendant. Our lawyers will provide advice about whether an offer is reasonable based on the evidence, risks, likely outcomes, and the costs associated with continuing the matter.
The final decision about whether to accept or reject a settlement offer ultimately rests with the client. However, if a client chooses to reject legal advice regarding a settlement offer, this may affect the ongoing terms of the No Win, No Fee arrangement.
In some circumstances, a law firm may decide to cease acting if it believes continuing the matter is no longer reasonable or commercially viable. There can also be cost risks associated with rejecting reasonable settlement offers and proceeding to litigation or trial.
These issues can be complex, particularly in Queensland and New South Wales where court rules relating to offers and costs consequences may apply. Our lawyers will always explain these risks carefully so clients can make informed decisions about how they wish to proceed.
Want to arrange an initial appointment with our Personal Injury team to discuss making a compensation claim?
Many people are uncertain whether they have a valid claim or whether legal action is financially worthwhile after suffering an injury. Our team can assess your circumstances and explain your options in clear, practical terms so you can make an informed decision.
