No win no fee in Victoria
Our panel lawyers in Melbourne and across Victoria 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 Victoria
Costs agreements in Victoria are governed by the Legal Profession Uniform Law (Victoria) and overseen by the Victorian Legal Services Board and Commissioner. Uplift fees are capped at 25% of professional fees and can only be charged where the lawyer reasonably believes your claim is likely to succeed.
TAC claims for no-fault benefits do not usually need a lawyer; common law claims for serious injury do, and those are the ones run on no win no fee.
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 Melbourne 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.