How Much Does a Personal Injury Lawyer Cost in Queensland?

June 7, 2024

By Gillian McKnight, Senior Associate
Last reviewed: August 2026

Personal injury lawyer costs in Queensland vary according to the work required and the applicable costs agreement. Queensland law regulates costs disclosure, conditional costs agreements, uplift fees, contingency fees and maximum claim-related costs in speculative personal injury matters. Trilby Misso provides personal injury legal services on a no win no fee basis.

How Are Personal Injury Lawyer Fees Structured in Queensland?

There is no single standard price for every personal injury matter.

The amount of legal work can vary because matters may involve different legislation, evidence, insurers, medical records, experts, negotiations and court processes.

Queensland’s Legal Profession Act 2007 (Qld) regulates legal costs, costs agreements and costs disclosure.

Where detailed costs disclosure is required, the information can include the basis on which legal costs are calculated, an estimate or range of estimated costs and information about the client’s rights concerning legal costs.

Different types of costs arrangements may be used by Queensland law practices.

No win no fee arrangements

A no win no fee arrangement is generally a form of conditional costs agreement.

Under this type of agreement, payment of some or all of the legal costs depends on whether the matter reaches the outcome defined as successful in the agreement.

The Legal Services Commission states that a conditional costs agreement must clearly define what constitutes a successful outcome. It must also satisfy particular requirements, including being in writing and plain language, informing the client of their right to independent legal advice and providing a cooling-off period of at least five business days.

Fixed fee arrangements

A fixed fee arrangement sets a particular price for defined legal services.

The Legal Services Commission explains that fixed fees can also form part of a hybrid arrangement in which different methods of charging apply at different stages.

Time-based or hourly arrangements

Some legal costs are calculated according to the time spent performing legal work.

The lawyer’s costs agreement should explain the basis on which the costs are calculated.

Combination arrangements

A costs agreement may use different charging methods for different stages or types of legal work.

Whatever form is used, the applicable Queensland costs disclosure and costs agreement rules must still be considered.

What Is a No Win No Fee Arrangement?

A no win no fee arrangement generally means that payment of specified professional legal fees is conditional on the matter achieving the successful outcome defined in the written agreement.

The exact terms matter.

A person considering a no win no fee agreement should understand:

  • how the agreement defines a successful outcome
  • which legal fees are conditional
  • how disbursements are treated
  • whether an uplift fee applies
  • what may happen if the client ends the agreement
  • what may happen if another party obtains a costs order
  • the cooling-off period
  • the client’s right to obtain independent legal advice before signing.

The words “no win no fee” should therefore be read together with the written costs agreement rather than treated as a complete explanation of every potential cost.

For more information about Trilby Misso’s arrangements, see our No Win No Fee information.

What Is an Uplift Fee?

An uplift fee is an additional amount that may be included in some conditional costs agreements.

It is not automatically 25 per cent, and a 25 per cent uplift is not a standard percentage that every Queensland personal injury lawyer charges.

Under section 324 of the Legal Profession Act 2007 (Qld), where a conditional costs agreement relates to a litigious matter, an uplift fee must not exceed 25 per cent of the legal costs otherwise payable, excluding disbursements.

Where an uplift fee is included, Queensland costs disclosure requirements also regulate how the fee is explained to the client.

A person comparing law firms can ask whether an uplift fee applies and read the relevant costs agreement before deciding whether to retain the firm.

What Are Disbursements?

Disbursements are amounts paid to third parties in connection with legal work rather than professional fees charged for the lawyer’s own work.

Depending on the matter, examples can include:

  • medical report fees
  • barrister fees
  • expert report fees
  • court filing fees
  • other external expenses required for the legal process.

How disbursements are treated can differ between costs agreements.

The Legal Services Commission notes that a conditional costs agreement should explain whether the client may be responsible for particular disbursements regardless of the outcome.

The correct approach is therefore to read the individual costs agreement rather than assume that every no win no fee firm treats disbursements in the same way.

What Percentage Do Personal Injury Lawyers Take in Queensland?

Queensland lawyers are generally not permitted to calculate their fee as a percentage of the amount recovered in a personal injury settlement or judgment.

That type of arrangement is known as a contingency fee.

Section 325 of the Legal Profession Act 2007 (Qld) prohibits a law practice from entering into a costs agreement where the amount payable is calculated by reference to the amount of an award or settlement, or the value of property recovered.

This is different from Queensland’s 50/50 rule.

What Is Queensland’s 50/50 Rule for Personal Injury Legal Costs?

Queensland has a statutory cap affecting the maximum claim-related costs that a law practice can charge and recover in a speculative personal injury claim.

It is often called the 50/50 rule.

In simplified terms, the cap is calculated using the client’s entitlement under the judgment or settlement after specified statutory refunds and disbursements are taken into account.

Importantly, the 50/50 rule does not mean a lawyer can simply charge 50 per cent of someone’s compensation.

Queensland Law Society specifically explains that it is a cap on claim-related costs, not a method for calculating a contingency fee. The prohibition on contingency fees continues to apply. citeturn554692search6

What Are the Legal Rules Around Lawyer Fees in Queensland?

The primary Queensland legislation regulating solicitor-client legal costs is the Legal Profession Act 2007 (Qld).

Among other things, the Act deals with:

  • costs disclosure
  • costs agreements
  • conditional costs agreements
  • uplift fees
  • contingency fees
  • billing
  • itemised bills
  • costs assessments
  • speculative personal injury costs.

Queensland’s costs disclosure regime is intended to give clients information about the way legal costs will be calculated and their rights in relation to those costs.

Where the statutory requirements apply, disclosure can include an estimate of total legal costs or, where an exact estimate is not reasonably practicable, a range and an explanation of the major variables affecting that estimate.

The disclosure should also explain relevant rights such as requesting an itemised bill and seeking a costs assessment.

When Do You Pay a Personal Injury Lawyer Under No Win No Fee?

The answer depends on the particular costs agreement.

Under a conditional costs agreement, the obligation to pay specified legal fees depends on the successful outcome defined in the agreement.

The agreement should explain:

  • what constitutes success
  • which professional fees become payable
  • how and when fees will be calculated
  • how disbursements are dealt with
  • any applicable uplift fee
  • the consequences of ending the agreement
  • any other circumstances in which amounts may become payable.

Because no win no fee arrangements are contractual arrangements, the written terms are important.

How Does Trilby Misso’s No Win No Fee Arrangement Work?

Trilby Misso provides personal injury legal services on a no win no fee basis, subject to the terms of the written costs agreement applicable to the matter.

The relevant costs information is provided when a person is considering retaining the firm.

For more general information, see No Win No Fee.

If you are looking for information about the initial appointment rather than ongoing legal costs, see our free personal injury consultation guide.

Can You Compare Lawyer Costs Before Signing an Agreement?

Yes.

Queensland costs disclosure laws give clients rights concerning information about legal costs.

Depending on the applicable disclosure requirements, this can include information about:

  • the basis on which costs are calculated
  • estimates of legal costs
  • potential changes to the estimate
  • billing
  • the right to negotiate a costs agreement
  • itemised bills
  • costs assessments.

A person can compare these matters between firms before deciding which lawyer to retain.

Can Personal Injury Legal Costs Be Independently Assessed?

In some circumstances, yes.

Queensland’s Legal Profession Act contains a costs assessment process.

The Legal Services Commission explains that a client may apply for an assessment of all or part of legal costs and that, ordinarily, the application must be made within 12 months from the relevant triggering event, such as receiving a bill, receiving a request for payment or paying the costs where no bill or request was provided.

Different rules can apply depending on the person applying and the circumstances.

Frequently Asked Questions

How much of my compensation do I keep?

There is no single percentage that applies to every Queensland personal injury matter.

Legal costs depend on the applicable costs agreement and work performed. Queensland law also regulates speculative personal injury costs through the 50/50 rule.

That rule is a maximum costs protection. It does not authorise a lawyer to charge a 50 per cent contingency fee.

Can I compare costs before signing?

Yes. A person can ask a law firm to explain its proposed costs arrangement and review the written costs information before deciding whether to proceed.

Are personal injury lawyer fees tax deductible?

It depends on what the legal expenses relate to.

Australian tax treatment can differ according to the nature of the payment or legal action. For example, legal expenses connected with producing assessable income can be treated differently from expenses of a capital or private nature.

Because the answer depends on the circumstances, tax advice should be obtained from an appropriately qualified adviser rather than assuming that all personal injury legal fees are either deductible or non-deductible.

Can I change lawyers if I disagree with the fees?

A client can consider changing lawyers, but the existing costs agreement and work already performed may have financial and procedural consequences.

The existing agreement should be reviewed before changing firms.

What happens to disbursements if a matter is unsuccessful?

That depends on the costs agreement.

Queensland’s Legal Services Commission notes that a conditional costs agreement may make a client responsible for certain disbursements even where the matter is unsuccessful, and the agreement should clearly explain whether this applies.

Is a costs agreement legally binding?

A properly made costs agreement is a contract concerning payment of legal costs.

However, the Legal Profession Act imposes requirements concerning costs agreements, and agreements that do not comply with particular requirements may be void or may have other consequences.

Can I have my lawyer’s costs independently assessed?

Potentially. Queensland law provides a costs assessment process, and time limits apply.

The Legal Services Commission states that clients generally have 12 months from the relevant triggering event to apply, subject to the legislation and individual circumstances.

About the Author

Gillian McKnight, Senior Associate

Gillian McKnight is a Senior Associate at Trilby Misso Lawyers. Her work includes Queensland compensation matters involving incidents on the road, in workplaces and in public places.

Gillian holds a Bachelor of Laws (Honours) and Bachelor of Business from Queensland University of Technology and a Graduate Diploma of Legal Practice.

Important Information

This page provides general information about legal costs in Queensland. It is not legal, financial or tax advice. Costs arrangements differ between law practices and matters. A person considering legal services should read the applicable written costs disclosure and costs agreement and ask about any term they do not understand.

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