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?
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.
What should I compare between different No Win No Fee offers?
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.
What are the warning signs of a poor No Win No Fee agreement?
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.
Why does it matter which No Win No Fee lawyer I choose?
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.
What’s the real difference between a good and a not-so-good No Win No Fee agreement?
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.
Does No Win No Fee mean I’ll never pay anything if I lose?
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.
Understanding No Win No Fee
What these agreements are and how they work in Victoria.
What does “No Win No Fee” actually mean?
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.
Am I still liable for anything if I lose?
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.
Is No Win No Fee available for every type of claim?
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.
Can my lawyer charge me a percentage of my compensation?
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.
What must every No Win No Fee agreement include by law?
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.
Before Signing an Agreement
Terms, cooling-off rights and questions worth asking first.
Do I have a cooling-off period after signing?
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.
What questions should I ask before signing?
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.
Will I understand the agreement, or is it full of jargon?
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.
Am I entitled to get independent legal advice before I sign?
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.
What happens if I don’t sign and return the agreement straight away?
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.
Successful Outcomes & Settlement Offers
What may count as a win, and when fees become payable.
What counts as a successful outcome?
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.
Do I have to accept the first settlement offer?
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.
When exactly do fees become payable?
Fees become payable once your matter reaches a successful outcome as defined in your agreement — typically deducted from your settlement rather than paid upfront.
Can I be charged fees even if I’m not happy with the result?
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.
What if I disagree with my lawyer’s advice to accept an offer?
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.
Disbursements & Out-of-Pocket Expenses
What disbursements are, and whether they're covered if you lose.
What exactly is a disbursement?
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.
Do I pay disbursements if my claim is unsuccessful?
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.
Can I get an estimate of likely disbursements upfront?
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.
What’s the difference between legal fees and disbursements?
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.
Should I be concerned if my lawyer suggests a litigation loan?
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.
Uplift Fees & Success Fees
How they're calculated, and how they differ from a flat percentage.
What is an uplift fee?
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.
Is the uplift fee a fixed percentage of my settlement?
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.
Can the uplift fee change during my case?
The method of calculation is fixed at the outset in your agreement and won’t change without your written consent.
Is a 25% uplift fee standard?
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.
Can I negotiate the uplift fee with my lawyer?
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.
WorkCover Legal Costs
Common methods used to calculate costs in Victorian WorkCover matters.
How are legal costs calculated in a WorkCover claim?
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.
Can I recover my legal costs from the other side?
In some WorkCover outcomes, a contribution to costs may be recoverable. We’ll explain what’s realistic for your specific claim.
Will I be given a costs estimate at the start?
Yes — you’ll receive a written estimate of likely legal costs before you commit, and updates if your matter changes significantly.
Could I have to pay the other side’s legal costs if I lose in court?
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.
Are my barrister’s fees always fully covered if I win?
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.
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?
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.
What happens if my claim changes scope partway through?
We’ll discuss any change in scope with you and, if needed, update your costs agreement in writing before continuing — no surprises.
Who decides which stage my claim is at?
We’ll keep you informed at every stage and explain in plain English what’s happening and what it means for costs and timing.
What’s the risk of signing one agreement that covers my whole claim?
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.
Who decides what work is included in the scope of my agreement?
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.
Changing Lawyers or Ending an Agreement
What may happen to costs and disbursements if you terminate.
Can I change lawyers partway through my claim?
Yes, you’re free to change representation at any time. Depending on your agreement, costs incurred up to that point may become payable.
What happens to disbursements already paid if I end the agreement?
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.
How do I formally end my agreement with NWNF?
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.
If I switch lawyers, do I have to pay my old lawyer straight away?
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.
Do barristers also work on a No Win No Fee basis?
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.
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.