No win no fee in Queensland
Our panel lawyers in Brisbane and across Queensland act on a no win no fee basis for motor accident, workplace, public liability, medical negligence and TPD claims that have legal merit. Professional fees are only charged if your claim succeeds, and they come out of the settlement at the end rather than your pocket along the way.
The rules in Queensland
Costs agreements in Queensland are governed by the Legal Profession Act 2007 (Qld), section 347 and overseen by the Legal Services Commission Queensland. Queensland has the strongest protection in the country: the 50/50 rule. After refunds to Medicare, Centrelink or WorkCover and after disbursements, your lawyer’s total claim-related costs, including GST and any uplift, cannot exceed half of what is left. You always keep at least 50%.
The cap is a ceiling, not a standard fee. Most successful claims finish well under it. Conditional agreements in Queensland must also give you a cooling-off period of at least five business days.
What you pay if you win
Professional fees and disbursements agreed in writing before work starts, deducted from your compensation. You get a written estimate up front and updates if it changes.
What you pay if you lose
No professional fees. Whether disbursements or the other side’s costs can apply is set out in your costs agreement and depends on the scheme; we explain exactly how your panel lawyer handles both before you sign.
A worked example
Say a Brisbane claim settles for $200,000. Refunds first: if Medicare, Centrelink or a workers compensation insurer paid for treatment or income, they are repaid from the settlement, say $10,000. Disbursements next: medical reports, records and a barrister’s opinion, say $12,000. Professional fees as agreed in the costs agreement, say $40,000 including GST. You receive $138,000. In Queensland the 50/50 rule would cap fees at half of what remains after refunds and disbursements; elsewhere the written estimate and the 25% uplift cap do the protecting. Every figure here is illustrative; your costs agreement gives the real estimate.
Common questions
Do I pay anything up front?
No. Professional fees are deferred to the end of the claim and only charged on success. Some firms also fund disbursements; others ask you to pay them as they arise, and the costs agreement says which.
What counts as “winning”?
Whatever the agreement defines as a successful outcome, usually any settlement or award in your favour. Read that clause carefully; a good agreement is specific.
Can I change lawyers?
Yes. The first firm is entitled to its fees for work done, usually paid at the end of the claim, and the new firm takes over the file. We can help with the transfer.
Does no win no fee cover going to court?
Usually yes, though some agreements treat a trial as a separate stage with a fresh estimate. Fewer than one in twenty personal injury claims reach a trial.
Will I be out of pocket if I lose?
You will not pay professional fees. Disbursements and the other side’s costs depend on the agreement and the scheme, and must be disclosed to you before you sign.
For the full picture, including what to check before signing any agreement, see our national no win no fee guide.