Question 1

Are all No Win No Fee agreements the same?

Accepted Answer

No. “No Win No Fee” only describes the billing structure — the fine print underneath it varies a lot between firms. The uplift fee, whether disbursements are funded for you, what exactly counts as a “win”, and your cooling-off rights can all be very different from one costs agreement to the next, even for the same type of claim.

Question 2

What should I compare between different No Win No Fee offers?

Accepted Answer

Ask each firm for their costs agreement and compare: the uplift fee (and whether it’s capped), whether disbursements are funded upfront or you pay as you go, exactly what event triggers payment, whether there’s a cooling-off period, and whether the agreement is written in plain English or dense legal language.

Question 3

What are the warning signs of a poor No Win No Fee agreement?

Accepted Answer

Be wary of an uncapped or very high uplift fee, vague or shifting definitions of what counts as a “win”, no clear answer on who funds disbursements if you lose, pressure to sign on the spot, and an agreement no one will walk you through in plain English before you sign.

Question 4

Why does it matter which No Win No Fee lawyer I choose?

Accepted Answer

Two firms can both say “No Win No Fee” and still leave you with very different outcomes if your claim doesn’t go your way, or very different amounts in your pocket if it does. Reading the actual terms — not just the headline promise — is how you protect yourself. Ask Nova or contact us if you’d like a second opinion on an agreement you’ve been offered.

Question 5

What’s the real difference between a good and a not-so-good No Win No Fee agreement?

Accepted Answer

A good agreement clearly states the uplift fee, whether disbursements are covered if you don’t win, exactly what counts as a “win”, and gives you a genuine cooling-off period. A weaker agreement leaves these terms vague, uncapped, or stacked in the firm’s favour — which is why it always pays to read the fine print.

Question 6

Does No Win No Fee mean I’ll never pay anything if I lose?

Accepted Answer

Not necessarily. Some No Win No Fee agreements waive all costs, including disbursements, if you’re unsuccessful. Others still require you to repay disbursements such as medical report and filing fees even if you don’t win — so this is one of the most important things to check before signing.

Question 7

What does “No Win No Fee” actually mean?

Accepted Answer

It means our legal fees only become payable if your claim succeeds — through a settlement, a court award, or an accepted offer. If your claim is unsuccessful, you generally won’t pay our professional fees.

Question 8

Am I still liable for anything if I lose?

Accepted Answer

You may still be responsible for some disbursements (out-of-pocket costs like medical reports or filing fees), depending on the terms of your agreement. We’ll always explain this clearly before you sign anything.

Question 9

Is No Win No Fee available for every type of claim?

Accepted Answer

It’s most commonly used for WorkCover, TAC and personal injury claims in Victoria. Whether it’s available for your specific matter depends on its merits — ask Nova or contact us for a straight answer.

Question 10

Can my lawyer charge me a percentage of my compensation?

Accepted Answer

No. Charging a percentage of your settlement — a contingency fee — is banned for individual compensation claims in Victoria. Your lawyer’s costs must instead be based on the actual legal work performed, calculated against an approved cost scale.

Question 11

What must every No Win No Fee agreement include by law?

Accepted Answer

An estimate of your total legal costs, when those costs become payable, a cooling-off period, confirmation of your right to get independent advice, and it must be in writing and signed by you.

Question 12

Do I have a cooling-off period after signing?

Accepted Answer

Yes. Victorian consumer law generally gives you a short cooling-off period after signing a costs agreement, during which you can change your mind without penalty. We’ll confirm the exact period in your agreement.

Question 13

What questions should I ask before signing?

Accepted Answer

Ask what counts as a “win”, what the uplift fee is and how it’s calculated, which disbursements you might be responsible for, and what happens if you want to end the agreement later.

Question 14

Will I understand the agreement, or is it full of jargon?

Accepted Answer

We write our agreements in plain English and talk you through every clause before you sign. If anything is unclear, Michael or Peter will explain it personally.

Question 15

Am I entitled to get independent legal advice before I sign?

Accepted Answer

Yes. Every No Win No Fee agreement must tell you that you can seek independent legal advice before signing, and it’s worth doing if you have any doubts about the terms.

Question 16

What happens if I don’t sign and return the agreement straight away?

Accepted Answer

It depends on the firm. Some lawyers won’t do further work on your claim until the signed agreement is returned, while others will keep helping you but may lose the ability to charge an uplift fee until it’s signed.

Question 17

What counts as a successful outcome?

Accepted Answer

Generally, a payment obtained for you by way of settlement, an accepted offer of compromise, or a favourable court or tribunal decision. Your agreement will define this precisely for your matter.

Question 18

Do I have to accept the first settlement offer?

Accepted Answer

No. We’ll advise you on whether an offer reflects the value of your claim, but the decision to accept or reject is always yours.

Question 19

When exactly do fees become payable?

Accepted Answer

Fees become payable once your matter reaches a successful outcome as defined in your agreement — typically deducted from your settlement rather than paid upfront.

Question 20

Can I be charged fees even if I’m not happy with the result?

Accepted Answer

Yes. A “successful outcome” under most agreements is broader than a result you’re satisfied with — it can include any settlement offer, or any agreed outcome that fits your instructions, whether or not you’re happy with it.

Question 21

What if I disagree with my lawyer’s advice to accept an offer?

Accepted Answer

You’re entitled to refuse. But if you don’t follow reasonable advice, some agreements allow your lawyer to treat that as a successful outcome, or to end the agreement and bill you for the work already done.

Question 22

What exactly is a disbursement?

Accepted Answer

A disbursement is a cost paid to a third party on your behalf — things like medical report fees, court filing fees, or expert opinions. They’re separate from our professional legal fees.

Question 23

Do I pay disbursements if my claim is unsuccessful?

Accepted Answer

This depends on your specific agreement. In many cases we fund disbursements as the matter progresses and only recover them from a successful outcome — we’ll confirm exactly how this works for you.

Question 24

Can I get an estimate of likely disbursements upfront?

Accepted Answer

Yes, we’ll give you a realistic estimate of likely disbursements at the start of your matter, and keep you updated if anything material changes.

Question 25

What’s the difference between legal fees and disbursements?

Accepted Answer

Legal fees are your lawyer’s own charges for their work. Disbursements are third-party costs paid on your behalf — medical and specialist reports, court filing fees, expert witness reports — and can add up to thousands of dollars on their own.

Question 26

Should I be concerned if my lawyer suggests a litigation loan?

Accepted Answer

It’s worth asking questions. A litigation loan or funder covers your disbursements as you go, but typically charges interest and a fee on every disbursement — some firms fund disbursements themselves instead, at no extra cost to you.

Question 27

What is an uplift fee?

Accepted Answer

An uplift fee is an additional percentage that may be added to our standard professional fees to reflect the risk we take on by acting on a No Win No Fee basis. It’s only charged on a successful outcome.

Question 28

Is the uplift fee a fixed percentage of my settlement?

Accepted Answer

No — it’s typically calculated as a percentage of our professional fees, not of your total settlement. We’ll set out the exact method in your costs agreement.

Question 29

Can the uplift fee change during my case?

Accepted Answer

The method of calculation is fixed at the outset in your agreement and won’t change without your written consent.

Question 30

Is a 25% uplift fee standard?

Accepted Answer

An uplift fee in Victoria can range from 0% to 25% of your legal fees (not your compensation). 25% is common for larger, higher-risk claims like common law damages, but a lower uplift is often more appropriate for smaller matters such as an impairment benefit claim.

Question 31

Can I negotiate the uplift fee with my lawyer?

Accepted Answer

Yes, you’re entitled to try. You may have more room to negotiate if your case is strong, since lawyers take on less risk pursuing a claim that’s likely to succeed.

Question 32

How are legal costs calculated in a WorkCover claim?

Accepted Answer

Costs are usually calculated by reference to the relevant statutory costs scale for WorkCover matters in Victoria, alongside any uplift fee agreed in your costs agreement.

Question 33

Can I recover my legal costs from the other side?

Accepted Answer

In some WorkCover outcomes, a contribution to costs may be recoverable. We’ll explain what’s realistic for your specific claim.

Question 34

Will I be given a costs estimate at the start?

Accepted Answer

Yes — you’ll receive a written estimate of likely legal costs before you commit, and updates if your matter changes significantly.

Question 35

Could I have to pay the other side’s legal costs if I lose in court?

Accepted Answer

Possibly. If your matter goes to court and is unsuccessful, the other side can seek a costs order against you — though in WorkCover matters these orders aren’t always enforced. Either way, your No Win No Fee agreement only covers your own lawyer’s fees, not the other side’s.

Question 36

Are my barrister’s fees always fully covered if I win?

Accepted Answer

Not always. A court will usually only “certify” a barrister’s fees up to a set rate, and if your barrister charges more than that, the shortfall can come out of your own settlement.

Question 37

Does one agreement cover my whole claim from start to finish?

Accepted Answer

Often yes, but some matters move through distinct stages (for example, an initial WorkCover claim followed by a common law claim) that may need a separate or updated agreement.

Question 38

What happens if my claim changes scope partway through?

Accepted Answer

We’ll discuss any change in scope with you and, if needed, update your costs agreement in writing before continuing — no surprises.

Question 39

Who decides which stage my claim is at?

Accepted Answer

We’ll keep you informed at every stage and explain in plain English what’s happening and what it means for costs and timing.

Question 40

What’s the risk of signing one agreement that covers my whole claim?

Accepted Answer

If your matter settles early, a broad agreement covering multiple stages — for example, a serious injury application and a common law claim — can give you a less accurate costs estimate than two separate, narrower agreements would.

Question 41

Who decides what work is included in the scope of my agreement?

Accepted Answer

Your lawyer sets the scope of work, but it must clearly describe the work covered — a vague scope like “all necessary work” isn’t specific enough, and you’re entitled to ask for it to be clarified.

Question 42

Can I change lawyers partway through my claim?

Accepted Answer

Yes, you’re free to change representation at any time. Depending on your agreement, costs incurred up to that point may become payable.

Question 43

What happens to disbursements already paid if I end the agreement?

Accepted Answer

Any disbursements already incurred on your behalf are generally still your responsibility, regardless of how the matter ends. We’ll always explain this before it becomes relevant.

Question 44

How do I formally end my agreement with NWNF?

Accepted Answer

Simply contact us in writing. We’ll confirm receipt, explain any costs incurred to date, and assist with a smooth handover if you’re moving to another firm.

Question 45

If I switch lawyers, do I have to pay my old lawyer straight away?

Accepted Answer

Often just the disbursements need to be settled at that point, sometimes covered by your new firm. Professional fees for work already done can usually wait until your claim resolves, though this depends on your agreement and your old lawyer’s position.

Question 46

Do barristers also work on a No Win No Fee basis?

Accepted Answer

Most barristers engaged in No Win No Fee matters do act on that basis, but their fee rates still vary — it’s worth checking whether a barrister will charge only the rate a court is likely to approve.

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