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Home What Percentage Do No Win No Fee Lawyers Take in Australia?

What Percentage Do No Win No Fee Lawyers Take in Australia?

Posted In Blog,NSW
Online Inquiry

IN THIS POST

  • Understanding No Win No Fee Agreements
  • What is a No Win No Fee Lawyer?
  • How Do No Win No Fee Agreements Work?
  • What Percentage Do No Win No Fee Lawyers Take?
  • Factors That Affect the Percentage Lawyers Charge
  • Are There Any Hidden Fees?
  • What Is the Maximum Percentage a No Win No Fee Lawyer Can Take?
  • Cost Caps for Public Liability and Medical Negligence Claims Up to $100,000
  • What Is the Maximum Percentage Lawyers Take for CTP Car Accident Settlements in NSW?
  • Why Transparency Matters
  • How Much Do No Win No Fee Lawyers Take For Workers' Compensation Claims?
  • What Is IRO, and How Does It Cover Legal Fees?
  • What Fees Does IRO Cover?
  • Who Is Eligible for IRO Funding?
  • Total and Permanent Disability (TPD) Claims: Understanding Legal Costs
  • How Much Do Lawyers Charge for TPD Claims?
  • How much do No Win No Fee Lawyers take for Common Law Claims?
  • Withstand Lawyers' No Win No Fee Promise
  • Why Choose Withstand Lawyers?

If you’re searching for a lawyer, you’re likely dealing with a stressful situation—whether it’s a workplace injury, a car accident, or another personal injury claim. The last thing you need is the added worry of “how much does a lawyer charge?”. That’s why no win no fee lawyers are such a popular choice for those seeking legal support.

But one question is probably at the top of your mind:  “What percentage do No Win No Fee lawyers take?” 

It’s an important question, as the amount your No Win No Fee lawyer takes will directly impact how much compensation you actually receive. The truth is, not all no win no fee agreements are the same.

Did you know, the insurer is also required to contribute to your legal costs?

In this guide, we’ll break down exactly how much No Win No Fee lawyers take in Australia, what factors affect their fees, how the insurer contributes to your legal costs and what you can do to ensure you’re getting the highest possible percentage of your compensation entitlements. If you’re considering making a claim, read on to learn about the typical fee structures and how Withstand Lawyers truly is a No Win No Fee firm.

what percentage lawyers take

Understanding No Win No Fee Agreements

What is a No Win No Fee Lawyer?

A No Win No Fee lawyer is a legal professional who takes on your case without charging upfront fees. Instead, they only get paid if you win your claim (sometimes this is referred to as a No Win No Pay lawyer). This arrangement makes legal representation more accessible, particularly for personal injury and workers’ compensation claims.

How Do No Win No Fee Agreements Work?

Under a No Win No Fee agreement, your No Win No Pay lawyer may cover the costs of preparing and running your case. If you win, they receive payment from your compensation amount. If you lose, you typically may not have to pay your lawyer’s fees—though you may still be responsible for other costs, such as court fees or medical report expenses. At Withstand Lawyers, our No Win No Fee policy covers these costs so you never pay out of pocket for your claim.

What Percentage Do No Win No Fee Lawyers Take?

In Australia, it is illegal for lawyers to charge a percentage of your compensation payout. Unlike in some other countries, law firms cannot take a fixed cut (e.g., 20% or 40%) of your final settlement. Instead, lawyers charge based on the work they do on your case.

Before proceeding with your claim, your lawyer must provide a Cost Agreement, which clearly outlines how fees are calculated, what costs may apply, and when payment is required. This ensures full transparency, so you know exactly what to expect with no hidden surprises. 

Factors That Affect the Percentage Lawyers Charge

Several factors will affect the average cost of lawyer fees charged for your claim, and therefore influence the final percentage your lawyer may take. These factors include things like:

✔️ Case complexity – More complex cases require more work, which can increase fees.
✔️ Time required – If a case takes longer, legal costs may be higher.

For a clear understanding of the average cost of lawyer fees for your claim, contact our team today for a free claim assessment. We’ll explain your entitlements and expected costs in simple, straightforward terms so you know where you stand.

Are There Any Hidden Fees?

It’s important to clarify with your lawyer what Win means and whether you may be responsible for disbursements (e.g., court filing fees, medical reports), as not all No Win No Fee lawyers operate the same way. Some law firms advertise No Win No Fee services but exclude these additional costs, leaving you with an unexpected bill after an unsuccessful claim.

At Withstand Lawyers, our No Win No Fee policy truly protects you—if your case is unsuccessful, you pay nothing, including disbursements. 

Since percentage-based fees are not allowed, we know clients want clear figures. That’s why we outline exactly what compensation amount needs to be received for us to charge a set fee – provided the work has been done. This way, you know upfront the average cost of lawyer fees, with no surprises. 

 Contact us today for a no-obligation, free claim assessment.

lawyer fees
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What Is the Maximum Percentage a No Win No Fee Lawyer Can Take?

While No Win No Fee lawyers in NSW cannot charge a set percentage of your compensation, there is a cost cap on legal fees for
certain claims. For public liability, medical negligence and other claims under
the Civil Liability Act under $100,000, and motor vehicle accident claims under
$75,000, the cap limits the maximum amount that can be deducted from a
settlement for legal fees. 
These cost caps apply only to legal fees and do not include disbursements.

Cost Caps for Public Liability and Medical Negligence Claims Up to $100,000

If your recovered amount does not exceed $100,000, legal costs for personal injury claims are capped at 20% of the settlement or $10,000, whichever is greater.

For example:

  • If you recover $50,000, the maximum legal fee is $10,000 (since 20% of $50,000 is $10,000).
  • If you recover $80,000, the maximum legal fee is $16,000 (20% of $80,000).

For claims exceeding $100,000, there are no statutory cost caps. A lawyer can charge for their services on any basis they choose, provided their charges are ‘fair and reasonable’. A lawyer must disclose to the client the basis of the costs and must enter into a written costs agreement with the client.

At Withstand Lawyers, we believe in full transparency when it comes to legal costs. Since percentage-based fees are not allowed, we know clients want clear figures. That’s why we outline exactly what compensation amount needs to be received for us to charge a set fee – provided the work has been done. This way, you know upfront of what to expect, with no surprises. 

Contact our team today
to learn how we can represent you on a No Win No Fee basis and maximise your entitlements. 

 

What Is the Maximum Percentage Lawyers Take for CTP Car Accident Settlements in NSW?

If you’ve been injured in a motor vehicle accident and are making a Compulsory Third Party (CTP) claim, it’s important to understand how legal fees are regulated.

In New South Wales:

✔ For settlements under $75,000, legal fees are capped, meaning lawyers
can only charge regulated fees as set by law.

✔For settlements of $75,000 or more, legal fees are not capped, but the
insurer must contribute to your legal costs—this is known as party/party
costs


Settlement AmountMaximum Base Legal CostsMaximum Percentage TakenTotal Maximum Legal Costs
$0 – $20,000N/A10%Settlement amount × 0.10
$20,001 – $50,000$200010% per dollar over $20,000$2,000 + (Settlement – 20,000) × 0.10
$50,001 – $100,000$47078% per dollar over $50,000$4,707 + (Settlement – 50,000) × 0.08
$100,001 +$11,0282% per dollar over $100,000$11,028 + (Settlement – 100,000) × 0.02

Why Transparency Matters

At Withstand Lawyers, we believe in full transparency when it comes to legal costs. Since percentage-based fees are not allowed, we know clients want clear figures. That’s why we outline exactly what compensation amount needs to be received for us to charge a set fee – provided the work has been done. This way, you know upfront of what to expect, with no surprises. 

Need more information about a CTP claim? Contact our motor vehicle lawyers today for a free consultation.

 

lawyer fees percentage calculator
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How Much Do No Win No Fee Lawyers Take For Workers' Compensation Claims?

If you’ve suffered a workplace injury in New South Wales (NSW), you may be eligible to make a workers’ compensation claim. One of the biggest concerns for injured workers is the cost of legal fees — “How much do No Win No Fee Lawyers take for Worker’s Compensation claims?”

Well, did you know that in many cases you won’t have to pay anything at all?

At Withstand Lawyers, our fees are covered by the Independent Review Office (IRO), meaning you won’t have to pay anything from your settlement.

What Is IRO, and How Does It Cover Legal Fees?

The Independent Review Office (IRO) is a government body that funds legal representation for injured workers in NSW. Through its Independent Legal Assistance and Review Service (ILARS), IRO provides grants to cover legal fees and disbursements for eligible workers’ compensation claims.

This means that if your case is approved by IRO, your legal fees—including costs for medical reports, expert opinions, and court-related expenses—will be fully covered.

What Fees Does IRO Cover?

✅ All legal fees for your workers’ compensation claim
✅ Disbursement costs (e.g., medical reports, expert opinions, court filing fees)
✅ Costs for appealing a denied claim

Our lawyers will apply for IRO funding on your behalf, so you don’t have to worry about the process. If your claim is approved, you won’t have to pay anything out of pocket for legal representation.

Who Is Eligible for IRO Funding?

To qualify for IRO funding, you must:
✔ Be a worker in NSW (excluding police, firefighters,
paramedics, coal miners, or dust disease workers, as their legal costs are
covered by insurers)

✔ Be injured in the course of work
✔ Be seeking advice about your injury or entitlements to
compensation .


If you’ve been injured whilst working, you deserve the best legal support without financial stress. Contact our
workers’ compensation lawyers today for a free consultation, and let us help you secure the compensation you’re entitled to.

no win no fee lawyers outcome
Calculate Your Compensation Claim

Total and Permanent Disability (TPD) Claims: Understanding Legal Costs

A Total and Permanent Disability (TPD) claim allows you to access a lump sum payment from your superannuation if you can no longer work due to illness or injury. These claims can be complex, and legal costs vary depending on the work involved.

How Much Do Lawyers Charge for TPD Claims?

At Withstand Lawyers, we keep fees clear and upfront. Although TPD claims don’t have fixed cost caps like other compensation claims, we provide a transparent estimate based on the work required for your case.  You’ll know the average cost of lawyer fees so you  know exactly what to expect, with no hidden fees or surprises.

Need more information about TPD claims? Contact our TPD Lawyers  for a free eligibility claim assessment.

How much do No Win No Fee Lawyers take for Common Law Claims?

If your work-related injury reached at least 15% whole person impairment (WPI), you may be entitled to bring a common law claim. It’s a claim that entitles you to claim a payout amount to take into account your future loss of income capacity.

If you’re making a work injury damages claim, it’s important to understand how legal costs work. In NSW, the law sets fixed costs for legal fees that an insurer must contribute if you win—this is called party/party costs.

However, these fixed costs only apply to what the insurer pays, not what you owe your lawyer. If you sign a costs agreement, solicitor/client costs are separate and not limited by these caps.

At Withstand Lawyers, we believe in full transparency. Since percentage-based fees are not allowed, we know clients want clear figures. That’s why we outline exactly what compensation amount needs to be received for us to charge a set fee – provided the work has been done. This way, you know upfront of what to expect, with no surprise.

Want more information about a common law claim? Contact our Common Law Claim Lawyers today for a free consultation.

Withstand Lawyers' No Win No Fee Promise

At Withstand Lawyers, we understand that making a compensation claim can feel overwhelming—especially when you’re worried about legal fees. That’s why we offer a genuine No Win No Fee promise, ensuring you can make your claim with confidence.

Unlike some No Win No Pay lawyers that may have hidden costs, our No Win No Fee policy is completely transparent:

✅ If you don’t win, you pay nothing – No legal fees, no hidden charges, no surprises.
✅ No upfront costs – We cover all legal work, from start to finish.
✅ No disbursement fees if you lose – Unlike some firms, we don’t charge you for medical reports or court filing fees if your claim is unsuccessful.
✅ All legal fees come from your settlement – If you win, fees are paid from your compensation, meaning no out-of-pocket expenses for you.

Why Choose Withstand Lawyers?

✔ Proven Track Record – We have helped thousands of clients secure maximum compensation.
✔ Full Transparency – We provide a clear Cost Agreement before proceeding, so you always know where you stand.
✔ Experienced Legal Representation – Our personal injury lawyers fight to get you the best possible outcome.

At Withstand Lawyers, we take the financial stress out of legal claims, allowing you to focus on your recovery. If you’re unsure about your rights, speak to us today—your consultation is free, and you won’t pay a cent unless we win your case.

📞 Call us now on 1800 952 898 or request a free consultation by completing our online form today.

Picture of Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

Picture of Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

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