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Law Reform & Policy Commentary

General information only - not legal advice.
Published: 15 August 2025 | Reviewed: 15 February 2026
(2-minute read)

Independent commentary on legal costs, disclosure, and structural safeguards in civil litigation.

This page summarises themes appearing in reform discussions, regulator guidance, and appellate decisions. It does not propose reform. It identifies recurring concerns in cost visibility and incentive alignment.

1. “No Win, No Fee” - Disclosure and Cost Visibility

Regulators across Australian jurisdictions emphasise that “no win, no fee” does not mean “no cost”.

Official guidance highlights:

  • potential liability for disbursements

  • uplift or success fees

  • exposure to adverse costs orders

  • the importance of written cost disclosure

Appellate decisions have also examined how fee structures operate in practice, including the proportion of damages ultimately retained by clients.

Reform commentary frequently centres on transparency, informed consent, and proportionality.

2. Escrow as a Structural Safeguard

Escrow mechanisms are widely used in finance and property transactions.
They are uncommon in litigation.

Reform discussions sometimes consider whether staged, approval-based funding structures could assist with:

  • reducing bill shock

  • improving scope clarity

  • managing timing of expenditure

  • preserving client control over cost progression

These discussions focus on structure, rather than personal conduct.

3. Independence and Governance

A recurring reform theme concerns the visibility of independence.

Topics commonly raised include:

  • avoidance of conflicted referral arrangements

  • clarity in fee relationships

  • separation of advisory and advocacy functions

  • external oversight and reporting

Structural safeguards, where adopted, are assessed by reference to transparency and regulatory compliance rather than assertion.

Independent Sources

Readers may wish to review the following independent publications:

These materials are publicly available and authored by independent bodies.

If YOU save, WE win;
if your case DRAGS, we lose.

Further Reading

→ Consumer Guides on ‘No Win No Fee’

→ Fee Models Explained

→ Explore All Resources

Prepared by Clean Law (Legal Liaison Ltd)
Governed under ACNC reporting standards and subject to annual Law Society trust-account audit.

Disclaimer: General information only. Not legal advice.