Frequently Asked Questions
Straight answers to the questions people ask most about No Win No Fee agreements in Victoria — including WorkCover, TAC and personal injury claims.
Not all No Win No Fee agreements are the same
“No Win No Fee” describes how a firm charges — it doesn’t tell you what’s actually in the agreement. Uplift fees, disbursement funding, cooling-off rights and what counts as a “win” can all differ significantly from one firm’s costs agreement to the next. This page exists to walk you through those differences in plain English, so you can tell a good agreement from a not-so-good one before you sign — see “Comparing No Win No Fee Agreements” below.
Comparing No Win No Fee Agreements
How to tell a good No Win No Fee agreement from a not-so-good one.
Understanding No Win No Fee
What these agreements are and how they work in Victoria.
Before Signing an Agreement
Terms, cooling-off rights and questions worth asking first.
Successful Outcomes & Settlement Offers
What may count as a win, and when fees become payable.
Disbursements & Out-of-Pocket Expenses
What disbursements are, and whether they're covered if you lose.
Uplift Fees & Success Fees
How they're calculated, and how they differ from a flat percentage.
WorkCover Legal Costs
Common methods used to calculate costs in Victorian WorkCover matters.
Scope of Work & Claim Stages
Why different stages of a claim may need separate treatment.
Changing Lawyers or Ending an Agreement
What may happen to costs and disbursements if you terminate.
Comparing No Win No Fee Agreements
How to tell a good No Win No Fee agreement from a not-so-good one.
Are all No Win No Fee agreements the same?
What should I compare between different No Win No Fee offers?
What are the warning signs of a poor No Win No Fee agreement?
Why does it matter which No Win No Fee lawyer I choose?
What’s the real difference between a good and a not-so-good No Win No Fee agreement?
Does No Win No Fee mean I’ll never pay anything if I lose?
Understanding No Win No Fee
What these agreements are and how they work in Victoria.
What does “No Win No Fee” actually mean?
Am I still liable for anything if I lose?
Is No Win No Fee available for every type of claim?
Can my lawyer charge me a percentage of my compensation?
What must every No Win No Fee agreement include by law?
Before Signing an Agreement
Terms, cooling-off rights and questions worth asking first.
Do I have a cooling-off period after signing?
What questions should I ask before signing?
Will I understand the agreement, or is it full of jargon?
Am I entitled to get independent legal advice before I sign?
What happens if I don’t sign and return the agreement straight away?
Successful Outcomes & Settlement Offers
What may count as a win, and when fees become payable.
What counts as a successful outcome?
Do I have to accept the first settlement offer?
When exactly do fees become payable?
Can I be charged fees even if I’m not happy with the result?
What if I disagree with my lawyer’s advice to accept an offer?
Disbursements & Out-of-Pocket Expenses
What disbursements are, and whether they're covered if you lose.
What exactly is a disbursement?
Do I pay disbursements if my claim is unsuccessful?
Can I get an estimate of likely disbursements upfront?
What’s the difference between legal fees and disbursements?
Should I be concerned if my lawyer suggests a litigation loan?
Uplift Fees & Success Fees
How they're calculated, and how they differ from a flat percentage.
What is an uplift fee?
Is the uplift fee a fixed percentage of my settlement?
Can the uplift fee change during my case?
Is a 25% uplift fee standard?
Can I negotiate the uplift fee with my lawyer?
WorkCover Legal Costs
Common methods used to calculate costs in Victorian WorkCover matters.
How are legal costs calculated in a WorkCover claim?
Can I recover my legal costs from the other side?
Will I be given a costs estimate at the start?
Could I have to pay the other side’s legal costs if I lose in court?
Are my barrister’s fees always fully covered if I win?
Scope of Work & Claim Stages
Why different stages of a claim may need separate treatment.
Does one agreement cover my whole claim from start to finish?
What happens if my claim changes scope partway through?
Who decides which stage my claim is at?
What’s the risk of signing one agreement that covers my whole claim?
Who decides what work is included in the scope of my agreement?
Changing Lawyers or Ending an Agreement
What may happen to costs and disbursements if you terminate.
Can I change lawyers partway through my claim?
What happens to disbursements already paid if I end the agreement?
How do I formally end my agreement with NWNF?
If I switch lawyers, do I have to pay my old lawyer straight away?
Do barristers also work on a No Win No Fee basis?
Want to talk to a real person about your claim?
Speak with Michael & Peter about representation on a no win no fee basis. We’ll get back to you as soon as we can.
This site provides general information only. It is not legal advice and should not replace advice about the particular facts and circumstances of your matter. Read our full disclaimer.
