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A no win no fee lawyer in Queensland is a legal professional who agrees to represent you in a personal injury claim without upfront costs — and only gets paid if your case succeeds. If you lose, you don’t owe them legal fees.
This arrangement is common in motor vehicle accidents, workplace injuries, and public liability claims. It allows everyday Queenslanders to access legal support without financial risk. But while “no win no fee” sounds simple, there are important conditions and costs you should understand.
Most no win no fee lawyers in Queensland offer a free initial consultation to assess your claim. This meeting is usually obligation-free and gives you a chance to ask questions about your rights, their legal experience, and what fees would apply if your claim is successful.
You only pay if you win your case
A no win no fee agreement in Queensland means you don’t have to pay your lawyer’s legal fees unless your compensation claim is successful. It’s formally known as a ‘conditional costs agreement’, and it’s regulated under Queensland law.
These agreements are used in many personal injury matters, including:
You can still be responsible for some disbursements (like medical report costs), but many firms cover these upfront and only recover them if the claim succeeds.
Only after the lawyer agrees to take your case: It’s not automatic. A lawyer will assess your claim first to decide whether to offer a no win no fee arrangement.
Once a written agreement is signed: This cost agreement will explain what’s covered, what’s not, and how fees will be calculated.
For legal costs only: It usually covers the lawyer’s time and legal work — not third-party costs unless otherwise stated.
Lawyers must follow the Legal Profession Act 2007 (QLD) and Australian Solicitors Conduct Rules.
The 50/50 rule limits how much of your payout a lawyer can take in legal fees.
Lawyers must give you a written disclosure notice before starting work under a no win no fee deal.
A no win no fee agreement allows injured people to pursue a personal injury compensation claim without paying legal fees upfront. Instead, the lawyer only charges for their time if the claim succeeds. This model is widely used in Queensland for motor vehicle accidents, workplace injury claims, and public liability matters.
The main benefit of no win no fee is access to justice — particularly for those who can’t afford to pay a lawyer out of pocket. It shifts the financial risk to the law firm, making it easier to get legal support without pressure or immediate cost.
Key points to know:
There are no upfront legal fees
If your claim is successful, legal costs are deducted from your compensation
The 50/50 rule ensures your lawyer cannot receive more than you after disbursements
If you don’t win, you typically don’t owe any legal fees
Outlays (like medical reports) may still apply — check your cost agreement
These arrangements are common across Queensland because they balance risk and reward. If the case has merit, the lawyer backs it. If not, they won’t proceed.
No win no fee also creates alignment of interests — your lawyer is only paid if you are. That means they’re incentivised to focus on outcomes, build a strong case, and negotiate the best possible result.
Every agreement is different, so always ask what’s included, what’s not, and how costs will be calculated if you succeed.
If you’re considering a compensation claim, many personal injury lawyers will speak with you at no charge for an initial appointment. This is often described as a free consultation, obligation-free call, or initial case review. It’s your chance to understand your legal position without committing to anything upfront.
A typical free consultation will involve:
A short phone call or in-person meeting
A discussion about how your injury happened
Questions about medical treatment or time off work
A review of whether your situation could lead to a compensation claim
This session allows the lawyer to assess whether they believe your case has merit. It also gives you a chance to assess the lawyer — their experience, communication style, and approach.
Check the law firm’s website for phrases like “free consultation” or “obligation-free appointment”
Call and ask directly, e.g. “Do you offer a no win no fee consultation with no obligation?”
Look for firms that specialise in injury law — most follow this model
Yes — you should not be charged for the first consultation if it’s promoted as free. However, if you proceed with the claim, costs and disbursements will apply if your case succeeds (as per your cost agreement). Always read the terms.
In Queensland, no win no fee lawyers are only paid if your claim is successful. If you win, legal fees are deducted from your compensation — but strict laws control how much they can charge.
The key safeguard is the 50/50 rule, which limits how much of your final settlement a lawyer can receive.
The 50/50 rule ensures that your lawyer cannot receive more than you from your compensation in fees. This rule applies after disbursements — meaning after third-party costs like medical reports or barrister fees have been subtracted from your settlement.
Once those costs are deducted, your lawyer’s professional fees must not exceed 50% of what remains. This protects injured people from being left with less than their legal team, regardless of how complex the case may be.
Not all law firms. In Queensland, lawyers do not charge a percentage of your settlement. Instead, legal costs are calculated based on:
The time spent working on your file, charged at rates set out in your cost agreement
Work completed by paralegals, lawyers, or barristers
A formal cost assessment process, which can be used to determine the final amount
While 50% is the legal maximum, actual fees are usually less, depending on the hours worked and how the claim was resolved.
Yes — and it’s recommended. During your consultation, ask:
How legal fees are worked out
Whether costs will be assessed independently
What your expected range of legal fees might be if you win
Lawyers are required to provide cost disclosure under Queensland law, so you can understand what may be deducted from your payout before proceeding.
No win no fee arrangements are designed to make legal help accessible — especially for people who can’t afford to pay legal fees upfront. While these agreements remove a major barrier to starting a claim, it’s important to understand the conditions, limitations, and what’s not included.
There’s no “catch” if you’re informed and the agreement is clear — but misunderstandings can happen if assumptions are made.
A no win no fee lawyer won’t take on every case. Before offering to act for you, they will assess whether your claim is:
Legally viable
Likely to succeed
Worthwhile financially for you and for them
If your claim doesn’t meet these criteria, they may decline to act. This isn’t personal — it’s a risk-based model.
While most no win no fee arrangements cover legal fees, you should ask whether disbursements (e.g. medical report fees, court filing fees) are:
Paid upfront by the law firm and only recovered if you win; or
Payable by you even if the claim is unsuccessful
Some firms offer protection against this risk, but not all — so it’s critical to ask.
Queensland law requires a written cost agreement before your claim progresses. This must include:
What’s included in “no win no fee”
How fees are calculated if you win
Whether disbursements are covered or not
Any third-party cost risk
In a no win no fee arrangement, if your claim doesn’t succeed, you generally don’t pay your lawyer’s professional legal fees. That’s the core principle — no win, no fee.
However, there are still some important points to be aware of, particularly around disbursements and the other party’s costs.
Disbursements are third-party expenses paid to progress your claim — such as:
Medical reports
Barrister’s advice
Expert assessments
Court filing fees (if applicable)
Some lawyers cover these costs upfront and recover them only if you win. Others may ask you to repay them if the claim is unsuccessful. Whether you’re liable depends entirely on what’s set out in your cost agreement.
Tip: Always ask whether disbursements are “no win, no fee” too.
In some situations, particularly if a claim goes to court and is unsuccessful, you might be ordered to pay a portion of the other side’s legal costs. This is uncommon, as most personal injury claims settle before trial, but it is a legal risk you should understand.
Some firms discuss “adverse costs insurance” or similar protections to guard against this — ask about this possibility during your consultation.
Before signing any agreement:
Ask what happens if you lose
Find out if you’ll owe anything at all
Request all cost terms in writing
Queensland’s legal framework is designed to protect injured claimants, but knowing the details upfront gives you peace of mind.
A no win no fee arrangement can give you access to legal help without the financial stress of upfront payments. For individuals who have suffered an injury in a car accident, at work, or in a public place, it’s often the only way to pursue a compensation claim.
But whether it’s worth it depends on your circumstances, your claim’s complexity, and whether you feel confident with the agreement and the lawyer you choose.
You can’t afford to pay for legal advice upfront
You have a viable claim that’s been medically assessed
You’re dealing with a large insurer or employer
You want legal representation for settlement negotiations or court proceedings
This model allows people to bring valid claims forward — even if they don’t have thousands saved for legal help.
No upfront legal fees
Risk sharing — the lawyer only earns if you succeed
Increased access to justice
Legal experience on your side in negotiating with insurers
You also benefit from regulated protections, like the 50/50 rule, which ensures your lawyer will never receive more than you if your claim is successful.
Choosing a no win no fee lawyer is about more than just the pricing model — it’s about trust, transparency, and their experience with your type of claim. In Queensland, there are many firms offering no win no fee arrangements, but the right lawyer for you will be someone who understands your situation, explains things clearly, and genuinely focuses on outcomes that benefit you.
Before committing to any lawyer, ask:
Do you specialise in motor vehicle, work injury, or public liability claims?
Who will be handling my case day-to-day?
What costs will I owe if my claim fails?
Are disbursements included in the no win no fee agreement?
Will I get everything in writing?
These questions will give you insight into how the lawyer operates and how transparent they are about risks and costs.
Look at whether the lawyer or firm specialises in personal injury law
Ask if they’ve handled claims similar to yours
Confirm they’re based in Queensland and are familiar with QLD-specific legislation
Read reviews or testimonials — and check their outcomes (where publicly available)
Queensland’s personal injury laws are unique — especially when it comes to things like the 50/50 rule, thresholds for damages, and WorkCover processes. Choosing a lawyer who regularly works within Queensland’s legal framework ensures your claim is handled in line with state-specific laws and court procedures.
Not true — in Queensland, the 50/50 rule legally prevents a lawyer from receiving more than their client after disbursements are deducted. This ensures that injured people receive the majority of their settlement, even after legal costs are applied.
Wrong. Lawyers offering no win no fee will assess a claim’s legal merit, not just its simplicity. Many take on complex or serious cases, including long-term workplace injuries or multi-vehicle accidents, if there’s a strong basis for a claim. The key is whether the case is viable — not whether it’s easy.
No win no fee agreements are a regulated, legitimate option under Queensland law. They exist to make legal services available to those who can’t afford upfront legal costs. The model aligns the lawyer’s success with yours — if you don’t win, they don’t get paid.
Far from it. Lawyers vary in:
Experience with Queensland injury claims
How they handle disbursements
Transparency of their cost agreements
Level of personal involvement in your case
This is why it’s essential to ask questions, read the agreement thoroughly, and ensure you’re working with someone who specialises in injury law in Queensland.
How much do solicitors take for no win no fee in Queensland?
Lawyers can’t take more than their client after disbursements — their fees are capped by Queensland’s 50/50 rule.
Is it worth using a no win no fee solicitor?
It often is if you have a strong claim and can’t afford upfront legal fees, but it’s important to understand the cost agreement fully.
What are the dangers of no win no fee?
If you don’t clarify who pays disbursements or adverse costs, you could be caught out — always read the terms.
What happens if I lose a no win no fee case?
You won’t pay your lawyer’s legal fees, but you might still be liable for disbursements unless protected under your agreement.
What’s the catch with no win no fee lawyers?
There’s no “catch” if everything is disclosed — but you must understand the risks, including third-party costs and case viability.
Can you cancel a no win no fee claim?
Yes, but depending on how far your case has progressed, fees for work already done or disbursements may still apply.
Can you change lawyers under a no win no fee agreement?
Yes — you’re entitled to switch lawyers, but check if your current firm has costs outstanding before you move.
What is a 100% no win no fee?
It generally refers to lawyers who also cover disbursements and only charge anything if you win — always confirm what’s included.
How long does a no win no fee claim take?
Most claims in Queensland take between 6–18 months, depending on the injury type, insurer response, and evidence needed.
What are the benefits of no win no fee?
It gives injured people access to justice without paying upfront, and legal fees only apply if the claim succeeds.
Legal Services Commission – Understanding Legal Costs
Includes clear guidance on legal cost agreements, conditional costs (no win no fee), and your rights in Queensland.
https://www.lsc.qld.gov.au/consumers/what-to-expect-from-your-lawyer/legal-costs
Queensland Courts – Making a Civil Claim
Outlines the process of making a personal injury or civil claim, including time limits, legal procedure, and key stages.
https://www.courts.qld.gov.au/going-to-court/making-a-claim/civil-claims
Queensland Law Society – Finding a Lawyer
Provides information on choosing a solicitor, verifying credentials, and understanding legal practice in Queensland.
https://www.qls.com.au/For-the-community/Find-a-solicitor
Kathryn is Trilby Misso’s Chief Executive Officer.
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