No Win No Fee & Legal Costs
Navigating a NSW CTP claim is complex, and the cost of legal representation is a common concern. In NSW, legal costs for motor accident matters are strictly regulated to protect claimants. We often act on a conditional “No Win No Fee” basis for eligible matters.
General information only — costs depend on your specific agreement and claim type.
1) How No Win No Fee works
A conditional costs agreement means you only pay our professional fees if your claim is successful. If you do not receive a settlement or award, you do not pay our professional fees.
Disbursements: These are out-of-pocket expenses we pay to third parties (like medical specialists or investigators) to build your evidence. Your agreement will specify how these are handled.
2) Legal cost protections (The $75,000 Rule)
The Motor Accident Injuries Regulation 2017 provides important protections for injured people regarding legal fees.
- The $75,000 Protection: For common law damages claims, the law protects the first $75,000 of a settlement or award.
- No "Contracting Out": Lawyers are generally prohibited from "contracting out" of the maximum regulated solicitor-client costs for any claim settled or awarded at $75,000 or less.
- Statutory Benefits: Costs for most disputes about weekly payments and medical treatment are fixed by the Regulation. In many successful disputes, the insurer is required to pay a contribution toward your legal costs.
These rules are designed to ensure that for smaller or straightforward claims, the majority of the compensation goes to the person with the injury.
3) Why specialized representation matters
Because CTP costs are so strictly regulated, many general law firms no longer handle CTP matters. As a specialized CTP team, we understand the technical thresholds (like the WPI > 10% gateway) and the PIC pathways needed to maximize your outcome within this framework.
Frequently asked questions
- What does “No Win No Fee” mean in a CTP claim?
- It typically refers to a conditional costs agreement where professional legal fees are only payable if the claim is successful (i.e., results in a compensation payment). Out-of-pocket expenses (disbursements) may still apply.
- How are legal costs regulated in NSW?
- Legal costs for NSW CTP matters are regulated by the Motor Accident Injuries Regulation 2017. For many disputes, the amount a lawyer can charge is capped or fixed by law.
- What is the $75,000 rule for legal costs?
- Under NSW law, for damages claims settled for $75,000 or less, "contracting out" of regulated costs is generally prohibited. This ensures a larger portion of smaller settlements goes directly to the injured person.