Four steps. You’ll know what you pay at every one.Know what you pay at every step.
From your first call to settlement, with full disclosure at each stage. If your claim doesn’t succeed, you pay no professional fees.*
*No professional fees if your claim doesn’t succeed. Depending on your costs agreement, outlays may still be payable, a court can order costs if proceedings are lost, and fees can become payable if you decline a reasonable offer. What you pay
-
1
Initial consultation
We talk through what happened, look at the evidence and give you an honest, plain-English view of your prospects.
- No obligation after the first consultation
- Review of facts and evidence
- Advice on options and next steps
-
2
Costs agreement
If you want to go ahead and we’re satisfied with prospects, you get a written agreement setting out the no win, no fee* terms.
- Plain-English terms
- Time to read it, and the right to independent advice
- At least five business days to cool off after signing
-
3
We progress your claim
We gather evidence, get expert opinions where needed, negotiate with insurers and, only with your informed consent, start court proceedings.
- Evidence and experts
- Negotiation and pre-court steps
- Court only if appropriate
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4
Finalisation and payment
When the claim succeeds, fees and outlays come out of the settlement, in line with your agreement and the 50/50 cap.
- A clear settlement breakdown
- Professional fees only on a successful outcome, as defined in your agreement
- Protected by the 50/50 rule (personal injury claims)
1 Initial consultationYou pay: Nothing
We talk through what happened, look at the evidence and give you an honest, plain-English view of your prospects.
- No obligation after the first consultation
- Review of facts and evidence
- Advice on options and next steps
2 Costs agreementYou pay: Nothing
If you want to go ahead and we’re satisfied with prospects, you get a written agreement setting out the no win, no fee* terms.
- Plain-English terms
- Time to read it, and the right to independent advice
- At least five business days to cool off after signing
3 We progress your claimYou pay: No fees along the way
We gather evidence, get expert opinions where needed, negotiate with insurers and, only with your informed consent, start court proceedings.
- Evidence and experts
- Negotiation and pre-court steps
- Court only if appropriate
4 Finalisation and paymentYou pay: Fees and outlays from the settlement, capped
When the claim succeeds, fees and outlays come out of the settlement, in line with your agreement and the 50/50 cap.
- A clear settlement breakdown
- Professional fees only on a successful outcome, as defined in your agreement
- Protected by the 50/50 rule (personal injury claims)
What no win, no fee* means
No win, no fee means that, in the ordinary case, you don’t pay our professional fees unless your claim succeeds. In law it is a conditional costs agreement: a written agreement under which some or all of our professional fees are payable only if your matter succeeds, with “success” defined in the agreement.
We offer it across the personal injury and compensation matters we accept, including motor vehicle, workplace, public liability, medical negligence and TPD claims, subject to an assessment of your case.
We review the facts, the evidence and your prospects, and tell you honestly whether we think your claim has reasonable prospects and what the realistic outcomes may be.
Cost shouldn’t stand between you and a claim
Every cost, if you win and if you don’t
| COST | IF YOUR CLAIM SUCCEEDS | IF IT DOESN’T |
|---|---|---|
| Our professional feesCharges for our lawyers’ work, worked out on the work actually done, not as a percentage of your settlement. | Payable, from the settlement, capped by the 50/50 rule | Not payable |
| Outlays (disbursements)Medical reports, court filing fees, barristers, expert witnesses. | Payable, from the settlement, at cost | Depends on your costs agreement |
| Uplift or success feeAn extra percentage, up to 25% by law, that some firms add when a matter succeeds. | We don’t charge one | We don’t charge one |
| Other side’s costsIf court proceedings are started and lost, a court can order you to contribute. Even if you win, a court can order you to pay some of the other side’s costs, for example if you are awarded less than a formal offer you turned down. | Usually none. Explained in writing before you sign | Possible. Explained in writing before you sign, and again before proceedings start |
Your share is protected by law
For Queensland personal injury claims run on a no win, no fee basis, the usual statutory cap limits claim-related costs, including GST and certain additional charges, to half the total settlement or judgment entitlement remaining after required refunds and allowable disbursements are deducted. A higher amount requires the regulator’s written approval. This is a maximum, not an automatic fee.
| Total settlement or judgment entitlement |
|---|
| less required refunds |
| less allowable disbursements |
| usual cap on claim-related costs |
The cap is the most the law allows. Your costs agreement sets out our estimate of your actual fees. The cap matters most on smaller claims, where Queensland law limits or rules out an order that the other side pay your legal costs. The thresholds depend on the type of claim and change each year.
Three protections in every agreement
In law, no win, no fee is a conditional costs agreement: a written agreement under which some or all of our professional fees are payable only if your matter succeeds. The Legal Profession Act 2007 (Qld) sets the rules for disclosure, the agreement, billing, cooling-off and the 50/50 cap.
A valid agreement must
- be in writing
- use clear, plain language
- be signed by you
- clearly define a “successful outcome”
- say how outlays will be handled
You have the right to
- independent legal advice before signing
- at least five business days to cool off after signing
- ongoing disclosure of your costs
- end the agreement by written notice in the cooling-off period
We must give you
- a written estimate of total legal costs
- information about your rights
- written notice of any substantial change to the estimate
- a bill when fees become payable, and an itemised bill on request
How we act
Covered, and not covered
Covered by no win, no fee*
- Our professional fees if the claim doesn’t succeed
- The first consultation and prospects review
- Ongoing case management and updates
- Negotiation with insurers and other parties
- Clear costs disclosure throughout
Not covered, and explained up front
- Outlays (how they’re treated is set out in your costs agreement)
- The other side’s costs, if court proceedings are started and lost
- Work outside the agreed scope
- Matters where instructions are withdrawn without reasonable cause
- Independent advice you choose to get separately
Claims covered by no win, no fee*
All accepted subject to an assessment of your matter. We’ll tell you in plain English whether your case suits a conditional costs agreement. The 50/50 cap applies to personal injury claims only. For professional negligence, product claims for property or financial loss, and class actions, your costs agreement explains how fees work.
Three questions to get you started
Your questions, answered
If I lose, what do I pay?
You don’t pay our professional fees if your claim is unsuccessful in the ordinary case. The treatment of disbursements (out-of-pocket expenses) varies and is set out in your written costs agreement. If court proceedings have been commenced, a court may also order you to pay a contribution to the other party’s legal costs — we explain this risk in writing before you sign, and again in detail before any proceedings are commenced.
What does “successful outcome” mean?
The definition of a successful outcome is set out clearly in your written costs agreement — typically the recovery of money by judgment, settlement or insurer payout in your claim, or where a reasonable settlement offer has been made which you decline to accept. Defining it precisely is a legal requirement under the Legal Profession Act 2007 (Qld).
How is the 50/50 cap calculated?
The cap applies to professional fees (including GST) in speculative personal injury matters. It limits those fees to no more than 50% of the amount recovered by settlement or judgment, after deduction of refunds (such as Medicare and Centrelink) and specified disbursements (barrister fees, expert reports and similar case expenses). It is a maximum permitted by law, not a target. The cap matters most on smaller claims, where Queensland law limits or rules out an order that the other side pay your legal costs. The thresholds depend on the type of claim and change each year.
Do I have a cooling-off period?
Yes. After you sign a conditional costs agreement you have at least five business days to change your mind and terminate the agreement, by written notice. This is a statutory right under the Legal Profession Act 2007 (Qld).
Can I get a second opinion before signing?
Yes — you have a non-negotiable right to seek independent legal advice before signing any costs agreement. We encourage you to do so if you have any doubts or questions.
Does Carter Capner charge an uplift fee?
No. Although the law permits up to a 25% uplift fee on professional fees in conditional costs matters, Carter Capner Law does not charge an uplift fee on our No Win No Fee files.
What if I’m unsure whether I have a claim?
That’s exactly what the first consultation is for, with no obligation to go ahead. We’ll review the facts with you, explain whether we believe there are reasonable prospects, and tell you honestly if we don’t think a claim should proceed — before you sign anything.
How are your fees calculated?
Our professional fees are calculated according to an agreed scale that sets out the charge for each type of work performed — not as a percentage of your settlement. Out-of-pocket case expenses such as court filing fees, barrister fees and expert reports are charged at cost, with no loading. Our fee structure is transparent and clearly specified in your written costs agreement.
Is “No Win No Fee” the same as “No Win No Charge” or “No Win No Pay”?
These labels are all used for conditional costs agreements, but they can suggest you pay nothing if you lose, which is not always so. With us, if your claim doesn’t succeed you pay no professional fees*. Outlays may still be payable depending on your costs agreement, and a court can order you to pay some of the other side’s costs if proceedings are lost.
*If your claim doesn’t succeed, you pay no professional fees for our work. Depending on your costs agreement, outlays such as medical reports and filing fees may still be payable, and if court proceedings are lost a court can order you to pay some of the other side’s costs. Professional fees can also become payable if you decline a reasonable settlement offer or withdraw your instructions without reasonable cause, as your costs agreement explains. We explain all of this in writing before you sign.
General information only, not legal advice. Whether no win, no fee terms are offered depends on the merits of your matter and is set out in a written costs agreement. References to the 50/50 rule are to Queensland laws capping professional fees (including GST) in speculative personal injury matters at 50% of the amount recovered by settlement or judgment after refunds and deductible outlays. Time limits apply, so seek advice promptly.
Not sure if no win, no fee* applies to you?
Time limits apply, so it’s worth asking early. There’s no obligation to go ahead after the first conversation, and we’ll be in touch within 1–3 business days.