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Are you looking for a
no win no fee lawyer?

If you’ve suffered an incident on the road or at work, we’re here to help.

Let us check your eligibility to make a claim.

  • Trusted by over 40,000 Queenslanders since 1956.
  • No win no fee. No uplift fee. Fair Fee Promise.
  • Friendly team, no legal jargon.
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How we help Queenslanders who need a ‘no win no fee lawyer’

We understand taking legal action is stressful, and so we make it simple – starting with a frank, ‘no cost’ assessment of your claim, so you know where you stand. If you like, we can come to you, and there’s never any obligation.

If you choose to proceed with us, you’ll find we’re available whenever and however you want to communicate (phone, text, email, or social media). We’ll support and guide you, and keep you informed through every step.

On this page

  1. What happens if you lose a no win no fee case?
  2. Is a no win no fee lawyer worth it?
  3. What does no win no fee actually cost in QLD?
  4. How no win no fee works at Trilby Misso, step by step
  5. Our Fair Fee Promise
  6. No win no fee across Queensland

What Happens If You Lose a No Win No Fee Case?

You do not pay our professional fees. That is the whole point of the arrangement, and it is not hedged: if your claim is not successful, the work we have done on it is not billed to you.

That is the easy half of the answer. The half most firms skip past is outlays, and you deserve to have it put plainly before you sign anything.

Outlays are a separate thing from legal fees

Outlays, also called disbursements, are money paid to third parties to build your claim. They are not our fees. Typically they cover specialist medical reports, usually the biggest single item, along with other records, and a barrister’s fee if one is briefed.

They are real costs, incurred while your claim runs, and every no win no fee agreement in Queensland treats them separately from professional fees. So the question worth asking any firm, is not just “do I pay your fees if I lose” but “do I owe the outlays if I lose”. Trilby Misso will not charge you outlays if your claim is unsuccessful.

How claims are assessed before a No Win No Fee agreement is offered

Here is the part that should reassure you, and it is structural rather than promotional.

A firm acting on no win no fee is putting its own money and its own time at risk on your claim, and only gets paid if you do. So the free assessment at the start is not a formality or a sales call. It is where we work out whether your claim can succeed, because if we get that judgement wrong, we wear it.

When we tell you that you have a claim worth running, that is us backing our own assessment with our own money. And if we tell you that you do not have one, you have found that out in an afternoon, for free. You are then free to obtain a second opinion from another law firm.

 

Is a No Win No Fee Lawyer Worth It?

Whether a No Win No Fee arrangement is suitable depends on the circumstances of the matter, the costs agreement and the person’s individual circumstances. One factor worth understanding is who you are dealing with on the other side of the table.

What you are actually up against

When you pursue a legal matter in Queensland, you are not in a dispute with another person. You are in a dispute with an insurer, one that employs claims officers who assess legal matters like this every day of their working lives and lawyers who have run thousands of these.

They are not villains and they are not out to cheat you. They are very good at their job, which includes settling claims for the lowest defensible number, and they are under no obligation to point out an entitlement you have not thought to ask about.

Care and assistance, and future loss of earning capacity, are the two most commonly missed heads of damage in legal matters in Queensland, and frequently the two largest. That gap, between what someone claims alone and what a properly valued claim is worth, is usually where the answer to “is it worth it” is found.

When no win no fee is the right structure

It can suit many people, for an obvious reason: the people who most need to bring a claim are the people least able to fund one. You have lost income, you are paying for treatment, and someone wants thousands of dollars up front for a result a year away. No win no fee removes that problem and shifts the risk onto the firm.

When it might not be

If you could comfortably fund a claim yourself, a traditional fee arrangement can sometimes work. In practice this describes very few people.

The uplift fee is where “worth it” is really decided

This is the detail that separates one no win no fee offer from another, and most people have never heard of it.

An uplift fee is an extra percentage a firm adds to its legal costs as a reward for carrying the risk of your claim. It is entirely legal here. Under the Legal Profession Act 2007 a firm can charge an uplift of up to 25 per cent of its legal costs in a litigious matter, and the Legal Services Commission requires the basis for it to be disclosed to you in writing.

Twenty five per cent of your legal costs is not a rounding error. It comes out of your settlement, and two firms can both advertise “no win no fee” while one quietly costs you a great deal more than the other.

Trilby Misso does not charge an uplift fee. Not on any claim, not ever, and not under another name such as a care and consideration charge. That is our Fair Fee Promise.

What Does No Win No Fee Actually Cost in QLD?

Start with what it cannot cost, because this surprises people and it is the fastest way to spot a firm that is not being straight with you.

Nobody can take a percentage of your settlement

Contingency fees are prohibited in Queensland. Section 325 of the Legal Profession Act 2007 makes it unlawful for a law practice to calculate its fees as a percentage of what you recover.

So if you are ever told “we take 30 per cent of whatever you get”, that is not a fee structure available to a Queensland practice on a legal matter. What you pay is worked out from the work done on your claim, not from the size of your outcome.

So what are you paying for?

Two things, always kept separate. Professional fees are the legal work: advice, investigation, preparing and lodging your claim, negotiation with the insurer, the conference. Outlays are the third party costs described earlier.

Both are set out in a written costs disclosure you receive before you commit to anything. That disclosure is a legal obligation rather than a courtesy, and if the fees later changes materially the firm has to tell you in writing.

The 50/50 rule, and what it really means

Queensland has a statutory ceiling on what a law practice can charge in a speculative legal matter. It sits in section 347 of the Legal Profession Act 2007 and everyone calls it the 50/50 rule.

The calculation runs in a specific order, and the order matters:

Take the amount you are entitled to under the settlement or judgment, including any costs recovered. Subtract any refunds you have to pay, such as a Medicare or Centrelink refund. Subtract the approved outlays. Halve what is left. Your legal costs cannot exceed that figure.

Now the part that almost every page on this topic gets wrong. The 50/50 rule is a cap, not a price.

It sets a maximum. It is not a menu, and a firm that bills to the ceiling as a matter of course is not applying the rule, it is using it as a price list. The Queensland Law Society has had to remind practitioners of exactly this, because calculating a fee as half the recovery would itself be an unlawful contingency fee under section 325. Your fees should be built from the work done and then tested against the cap, never the other way around.

For a fuller breakdown, including how outlays are handled through the life of a claim, read our guide to the costs of no win no fee lawyers in Queensland.

How No Win No Fee Works at Trilby Misso, Step by Step

From the first phone call to the money in your account, here is exactly what happens and what you are asked to sign.

1. The free assessment

We talk about what happened, what impact it has had, and how they have affected your work and your life, and you get an honest view of whether you have a claim. No cost, no obligation, and it can happen at our office, at your place or over the phone.

2. Written costs disclosure, before you commit

Before you sign anything, you receive a written costs disclosure in plain language. It sets out how our fees are calculated, what outlays are likely, and what to do if you disagree with any charges. Every Queensland practice owes you this under the Legal Profession Act.

3. The agreement itself

A no win no fee arrangement is formally a conditional costs agreement. It must be in writing, in plain language and signed, and it must tell you that you can seek independent advice before signing.

4. Your 30 day cooling-off period

Once you have signed, you have 30 days to change your mind and terminate the agreement. No reason required. 

5. We handle the process

Your claim is lodged within the time limits, evidence is gathered, medical assessments are arranged, and the claim is negotiated. You are kept informed throughout and you say yes or no to every offer. No settlement is accepted without your instructions.

6. Settlement, and the account

When your claim resolves, you receive an itemised account showing the professional fees and every outlay. Refunds owed to Medicare or Centrelink are paid, the 50/50 cap is applied (if relevant), and the balance is yours.

If you ever disagree with an account, you have the right to have it independently assessed by a costs assessor under the Uniform Civil Procedure Rules 1999. We would rather you simply rang us, but the right exists and you should know about it.

Our Fair Fee Promise

Our Fair Fee Promise covers any questions you may have, and it applies to every claim we run.

No uplift fee, and no care and consideration charge

We never add an uplift fee to our costs, and we do not slip one back in under another name, such as a care and consideration charge. Our charge rates are fixed at the start of your claim, so the rate you agree to on day one is the rate you pay at the end.

You see the costs before you sign anything

Before your claim starts, we explain how our fees work in plain English. You get regular updates while the claim runs, and before you sign any settlement you get a full breakdown of the costs, so you know exactly what comes out and what reaches you. If anything is unclear, ask us and we will go through it again.

No pressure to settle

We will never push you into a quick settlement because it suits us. No settlement is ever accepted without your clear understanding and approval.

You can check our work

You can ask for an independent assessment of your costs, and you can get a second opinion on our legal advice at any stage of your claim (at your cost).

Our Fair Fee Review Guarantee

If you are ever unhappy, call us. Your concern will be reviewed by a Senior Lawyer or our Chief Operating Officer within 5 business days.

Read the full Fair Fee Promise

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No Win No Fee Across Queensland

We act for people right across the state, not only in the south east. Our offices run from Brisbane and Ipswich through Springfield, Cleveland, the Gold Coast and the Sunshine Coast, up through Gympie, Hervey Bay, Bundaberg, Rockhampton, Mackay and Townsville to Cairns, and west to Toowoomba.

The terms are the same wherever you are: same no win no fee basis, same Fair Fee Promise, same absence of an uplift fee. If you are a long way from an office, the first conversation happens by phone and we work around you from there.

Whatever kind of claim you have, the arrangement works the same way: workplace, motor vehicle including our car lawyers page, incidents in a public place, and total and permanent disability claims through your superannuation.

We’ve been trusted by 40,000+ people since 1956 and are here to help you, too

Our clients are workers with families to support, young singles completing their education, single parents, city dwellers, grandparents, suburbanites, and people living in remote regional communities.

They have all suffered due, in part, or entirely, to the negligence of others. And they are therefore entitled to pursue their legal rights for compensation, or damages for what they have suffered. But all of them rely on our assistance to get their lives back on track.

Trilby Misso Lawyers have helped tens of thousands of every day Queenslanders get their lives back on track, and are here for you if you need us.

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Here’s how we’re different from every other law firm

you may be considering

Trusted for decades

We’ve been trusted by tens of thousands of people for more than six decades.

Convenient

We’ll meet you anywhere: phone, our office, a cafe, or your home.

No win, no fee

No win, no fee. Fixed fees too, and there’s no uplift fee.

Expertise

We live and breathe
compensation
matters.

Speed

We promise a two hour response time during business hours.

Fair Fee Promise

Fair fees with no uplift or care and consideration charges

Trilby Misso was Queensland’s first law firm to focus 100% on compensation law. We know it inside out, which is why we’re able to achieve an outcome faster than average. We’ve always aimed to make life better for our clients by doing all we can to help, providing a dedicated and compassionate team in your corner.

Some of our friendly lawyers

Kathryn
MacDonell

Chief Executive Officer

Meet Kathryn

Kathryn MacDonell
Chief Executive Officer

Gillian
McKnight

Special Counsel

Meet Gillian

Gillian McKnight
Special Counsel

Travis
Chambers

Special Counsel

Meet Travis

Travis Chambers
Special Counsel

Drew
Phillips

Special Counsel

Meet Drew

Drew Phillips
Special Counsel

Aymish Khushal
Senior Associate

Shannon
Brown

Senior Associate

Meet Shannon

Shannon Brown
Senior Associate

Shannon
Smith-Eckman

Associate

Shannon Smith-Eckman
Associate

Dayna
Humphreys

Lawyer

Meet Dayna

Dayna Humphreys
Lawyer

Claudia
Cramond

Lawyer

Meet Claudia

Claudia Cramond
Lawyer

Kathryn Michel
Lawyer

Some of our happy clients

Mr K. K.

“I was overwhelmed”

“I was overwhelmed with the amount I received…. Thank you once again for all your help.”

Mrs J. R.

“A huge thank you”

“A huge thank you. And a thank you to a friend that recommended you to me.”

Ms J. S. F.

“There was no pressure”

“It was easier to complete paperwork knowing that there was no pressure, unlike other law firms. Thank you.”

Mr A. F.

“Well done”

“I could not fault your service, it was everything I expected and more. Well done.”

Chris Hubka

“I would highly recommend them”

“Travis, Shannon and Mikaela were amazing throughout the CTP process after a traffic incident. I would highly recommend them. They definitely know the claim process and are always friendly and communicate well. Thanks again for all of your hard work through difficult times. “

Dan Swift

“Completely stress free”

“From the first point of contact to the completion of my claim I was treated with compassion and respect. They made the whole process completely stress free and worked with me and explained every part of the process. I would highly recommend them.”

Ollie Wrangham

“Would highly recommend the team”

“The team was great. The whole process was made very easy snd they handled everything with extreme professionalism. Complete transparency through the whole process with regular updates on my case. Would highly recommend the team! “

Glenn C

“Went above and beyond”

“My claim wasn’t a simple one but Kathryn and her team went above and beyond for me and have always been responsive, compassionate and professional, I would not hesitate for a moment to recommend TML to anyone needing legal representation.”

Here’s how our ‘no win no fee’ process works:

  • We chat

    It’s a free consultation.

  • We meet

    A free detailed discussion.

  • We plan

    You say ‘go’ – we build your case.

  • We lodge

    We present
    your case.

  • We conclude

    We reach a settlement.

You pay nothing until you win

We’ll also provide certainty and clarity, with a fair and transparent fee structure that has no ‘uplift’ fee, ever. You’ll pay nothing ‘til your claim is won.

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Your next step is a small one, but don’t delay

Your next step is a small one. All you need to do is give us a call on 1300 730 845 or complete this form here to arrange a quick chat.

During this initial conversation, we will:

  • Have a chat about the circumstances and nature of your enquiry.
  • Give you an indication of how we can help.
  • Explain, in simple terms, how our process works. We will answer
    any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.

We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.

The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.

Call 1300 730 845 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.
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