NSW CTP lawyer handover guide
Legal costs when changing CTP lawyers in NSW: what claimants should check
Changing CTP lawyers may be possible, but the costs position should be understood before the move. Check the current costs agreement, unpaid disbursements, any solicitor lien, what documents can be released, how the new lawyer will charge, and how legal costs may be dealt with at settlement.
Search intent: claimant worried about fees, disbursements, liens, and duplicate legal costs when changing solicitor
Accuracy note: changing lawyers should be checked against the existing costs agreement, file access, and deadlines.
Reviewed: 16 June 2026 for NSW CTP claim procedure.
Costs agreement
The signed costs agreement usually sets out how the old lawyer may charge and what happens if the retainer ends.
- Look for termination clauses.
- Check hourly, fixed, uplift or no-win-no-fee wording.
- Ask for an itemised position if unclear.
Disbursements
Disbursements are out-of-pocket expenses such as reports, records, barrister fees or filing costs.
- Find out what has already been paid or incurred.
- Ask whether any reports are unpaid.
- Check whether future settlement may need to repay them.
File transfer and lien
A lien can affect release of some file material, especially if costs are unpaid.
- Urgent documents may still need to be obtained.
- The new lawyer may negotiate transfer arrangements.
- Do not assume every document will be released immediately.
Practical checklist
Cost questions to ask before switching
Cost uncertainty is not a reason to stay with unsuitable representation forever, but it is a reason to slow down and get the numbers and documents checked before switching.
What work has the current lawyer done and what amount is claimed?
What disbursements have been incurred and who has paid them?
Will the old lawyer assert a lien over the file?
Will the new lawyer pay, defer, or negotiate any transfer issue?
How will costs be treated if the claim settles?
Will changing lawyers affect any existing settlement offer?
How this connects to your broader CTP claim
A lawyer-change decision should not be separated from the substance of the CTP claim. If weekly payments have been stopped, treatment has been refused, liability is disputed, the insurer alleges mostly-at-fault conduct, or settlement advice is unclear, the new lawyer needs enough documents to test those issues quickly. That is why the safest second opinion is usually evidence-led rather than complaint-led.
How to compare the old and new cost position
The important question is not only whether the new lawyer is no win no fee. You need to understand what the old lawyer may claim for past work, whether disbursements have been paid or deferred, how any lien will be handled, and whether the new lawyer’s agreement changes the likely settlement deduction. A clean comparison is usually more useful than a verbal assurance that costs will be fine.
Common questions
Will I pay two lawyers if I change CTP lawyers?
Not necessarily in the simple sense, but the old lawyer may have a costs or disbursement claim for work already done. The new lawyer should explain how that may be managed.
Can unpaid legal costs stop my file being transferred?
A solicitor lien or unpaid disbursement issue may affect file transfer. The position depends on the costs agreement, urgency and the documents involved.
Should I change lawyers if I do not understand the costs?
Do not sign a new retainer until the old and new cost positions are explained clearly enough for you to compare the risk.
Are CTP legal costs always no win no fee?
No. Many CTP firms offer conditional costs agreements, but the exact terms, disbursements and settlement deductions depend on the agreement.