For many Australians, the thought of legal fees is enough to stop them from making a claim, even when they’re entitled to make one. That’s where a no win, no fee guarantee can help. It gives people the confidence to pursue compensation without the fear of being left out of pocket.
But here’s what most people don’t realise: not all no win, no fee agreements are the same. Some firms still charge clients thousands in costs even if the case doesn’t succeed.
In this guide, we’ll explain exactly how no win, no fee works, what to look out for, and how to choose a lawyer you can truly trust.
If you’re ready for free advice right now, you can visit Law Partners’ no win, no fee lawyers page for more information.
No win, no fee definition: A no win, no fee agreement means you don’t pay legal fees unless your compensation claim succeeds. At Law Partners, this includes all disbursement costs—medical reports, court fees, and expert opinions—so you pay nothing if your case doesn’t win.
The idea sounds simple enough: you don’t pay your lawyer unless you win your case. But there’s more to it.
Some firms offer no win, no professional fee, which means you won’t pay for their time if you lose, but you may still have to cover disbursement costs. These are things like medical reports, court fees, or expert opinions.
At Law Partners, our model is no win, no fee, and no disbursements. That means if your case doesn’t succeed, you don’t pay anything, not even those extra costs.
That’s why we say to clients that when an offer sounds too good to be true, it’s good to approach it cautiously. If you choose the right no win, no fee lawyers, it’s an excellent option that allows you to get a professional legal team working for you to run your personal injury claim and fund all the upfront costs for you.
A good no win, no fee arrangement should be straightforward and transparent. Here’s how it works at Law Partners:
You start with a free, no-obligation assessment to see if you have a valid claim.
Your lawyer reviews the evidence and decides if your case is likely to succeed.
If that’s a “yes”, you sign a written no win, no fee agreement that clearly sets out what’s covered.
We pay all upfront costs – including expert reports and filing fees.
If you win, fees and costs are deducted from your settlement. If you don’t, you pay nothing.
If a no win, no fee lawyer thinks they can’t win your case, they’re unlikely to take it on. However, just because one lawyer doesn’t think your case will succeed doesn’t mean it’s unwinnable. Every firm has different experience and resources, so it can be worth seeking a second opinion, especially with complex cases like medical negligence or TPD claims.
Once your case settles, your lawyer is paid according to a costs agreement, a document that explains what’s deducted from your compensation.
These deductions typically fall into three main categories: professional fees for the lawyer’s work on your case, disbursements like medical reports and expert opinions, and barrister fees if a barrister is engaged to represent you in court.
Professional fees cover the lawyer’s time and expertise in handling your case. In NSW and Victoria, lawyers can’t take a percentage of your compensation, a rule that protects clients from excessive fees. Instead, firms charge based on hourly rates or set fees for specific services. At Law Partners, we cap our fees so you’ll always know the maximum you could pay. That means no hidden surprises and peace of mind for you from the start.
Disbursements are the out-of-pocket expenses required to run your case. These include things like medical reports, expert opinions, court filing fees, and other necessary costs. Some firms will still charge you for these expenses even if your case doesn’t succeed. At Law Partners, our no win, no fee, no disbursements guarantee means you’re never out of pocket for these costs if your claim isn’t successful.
If your case requires a barrister to represent you in court, their fees are separate from your lawyer’s professional fees. These can often range from $5,000 to $10,000 or more. Some firms will still charge you barrister fees even if your case is unsuccessful, which can leave you significantly out of pocket despite the promise of “no win, no fee.” It’s important to ask upfront whether barrister fees are covered under your no win, no fee agreement.
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Get startedIf your case doesn’t succeed, what happens next depends entirely on the firm you choose and the type of agreement you’ve signed.
Not all no win, no fee agreements offer the same protection. Here’s what you need to know:
| No win, no professional fee | You won’t pay your lawyer’s time, but you may still owe thousands in disbursements like medical reports, court fees, and expert opinions. |
| No win, no fee, no disbursements | You pay nothing at all. Your lawyer absorbs all costs. |
One of the biggest hidden costs to watch out for is barrister fees. If your case requires a barrister to represent you in court, some firms will still charge you their fees (often $5,000–$10,000) even if your case is unsuccessful. This can leave you significantly out of pocket despite the promise of “no win, no fee.”
Always ask upfront: “If my case doesn’t succeed and a barrister was involved, will I have to pay their fees?”
Law Partners operates under the no win, no fee, no disbursements model, so you’ll never be billed for fees or costs if your claim isn’t successful. That includes barrister fees. It’s the safest, fairest form of no win, no fee agreement, giving you complete peace of mind from day one.
Yes they are, if you choose carefully.
As this guide illustrates, choosing the right firm makes all the difference. Look for lawyers who explain everything clearly and put their promises in writing.
Here’s a simple checklist to help you find a firm that’s genuinely on your side:
Law Partners is Australia’s largest specialist personal injury firm, offering true no win, fee, no disbursements coverage and capped fees for total peace of mind.
Learn more about our no win, no fee lawyers.
At Law Partners, both professional fees and disbursement costs are covered – so you pay nothing unless we win. The answer varies from firm to firm, so it’s always worth asking exactly what’s included before you sign anything.
Yes, there are time limits. Most personal injury claims must be started within strict time limits. There are always some exceptions, but the sooner you get advice, the better.
Your capped fees are deducted from your settlement as set out in your costs agreement — so you’ll always know what to expect before your case concludes.
Unfortunately, yes—with some firms. If your agreement only covers professional fees, you could still be liable for disbursement costs even if you don’t win. That’s why it’s so important to ask upfront whether disbursements are covered, and to get everything in writing before you sign.
Look for transparency in their costs agreement, a clear explanation of what’s covered, and a strong track record in personal injury law. Ask whether they cover disbursements, if interest applies, and what happens if your case doesn’t succeed. A reputable firm will answer these questions openly and put everything in writing.
It depends on your agreement. Some firms still charge barrister fees (often $5,000–$10,000) even if your case is unsuccessful. At Law Partners, our no win, no fee guarantee covers barrister fees too, so you’re never left out of pocket if your claim doesn’t succeed.
Ask if disbursements are covered, what interest is applied to costs, what happens if you lose, if barrister fees are included, and whether fees are capped. A good lawyer will welcome these questions and take the time to explain everything clearly—it’s your right to understand exactly what you’re agreeing to.
Yes, you can. If you’re not comfortable with your lawyer or their fee structure, you have the right to change firms. Just be aware that your original lawyer may be entitled to some payment for work already completed, so it’s worth discussing this before you make the switch.
Choosing the right no win, no fee lawyer can make all the difference to your experience and your outcome. With Law Partners, you’ll have a team that genuinely cares about you, not just your case. We take the time to understand your story, get to know you personally, protect you from financial risk, and fight for every dollar you’re entitled to.
When you’re ready to talk, we’re here to listen and help you move forward with confidence.
Book your free claim check today, and pay zero fees or disbursement costs unless we win.
