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Consumer Guides on ‘No Win No Fee’

No win no fee may remove one cost risk. It does not remove every cost risk.

General information only - not legal advice.
Published: 15 August 2025   |   Reviewed: 18 May 2026  
(3-minute read)

No win no fee agreements can help people bring claims they could not otherwise afford.
In suitable matters, they can improve access to legal representation.
But the label is often misunderstood.
No win no fee does not always mean no cost.

It usually means the lawyer’s professional fees are conditional on success.
Other costs may still matter.

Expert reports.
Court fees.
Barrister fees.
Medical or technical reports.
Other disbursements.
The other side’s costs if the case is unsuccessful.
An uplift or success fee if the case succeeds.

The written agreement matters.
So does the timing of each cost.

This page gathers consumer guidance from independent legal regulators and professional bodies.
Its purpose is not to criticise no win no fee agreements.
Its purpose is cost visibility.

What no win no fee usually means

No win no fee agreements are usually conditional costs agreements.

In broad terms, the lawyer’s professional fees may be payable only if the case succeeds.
If the case does not succeed, those professional fees may not be charged.
But that does not mean every cost disappears.

The better question is not only: Will I pay legal fees if I lose?

The better question is: What costs might I still have to pay, when, and from what money?

Costs that may still arise

Depending on the agreement and the law that applies, a client may still need to consider:

  • expert report fees

  • court filing fees

  • barrister fees

  • medical, engineering, valuation or other specialist reports

  • other disbursements

  • the other side’s legal costs if the case is unsuccessful

  • what happens if the agreement ends before the case is over

These costs can affect the client’s real position even where professional fees are conditional on success.

The issue is not only whether the case is won.

It is what remains after costs are deducted.

Uplift or success fees

Some conditional costs agreements include an uplift or success fee.
This is an additional amount charged if the case succeeds.

Its purpose is to recognise that the lawyer has carried the risk of not being paid if the case fails.
The amount, availability and limits of any uplift fee depend on the agreement and the law that applies.

The practical question is:

If the case succeeds, how much of the result will remain after legal costs, disbursements and any uplift are deducted?

A judicial example: Todorovska v Brydens

In Todorovska v Brydens, the NSW Court of Appeal considered issues arising from a conditional costs agreement in a personal injury matter.

The case is useful because it shows how costs disclosure, uplift calculations and deductions from damages can affect the client’s net recovery.

The point is not that no win no fee agreements are improper.
They are lawful in appropriate circumstances.

The point is narrower.
The final financial result may depend on details that are not obvious from the label.

Disclosure is not always control

A written costs agreement matters.

Disclosure matters.
But disclosure is not the same as control.

A client may be told that a cost is possible.
The harder question is whether the client has a practical opportunity to stop that cost before it is incurred.
This matters in litigation because work can move quickly.

Expert evidence may be obtained.
Barristers may be briefed.
Procedural steps may be taken.
Settlement work and trial preparation may move together.

By the time the total cost is clear, some choices may already have narrowed.
See: Why cost disclosure does not always give control

Questions to ask before signing

Before entering a no win no fee agreement, ask:

What does “win” mean?
What happens if the case settles?
Who pays disbursements?
When are disbursements payable?
Will barrister fees or expert fees be covered?
Could the other side’s costs become payable?
Is there an uplift or success fee?
How is it calculated?
What happens if the agreement ends?
What amount is likely to remain after all deductions?

These questions do not suggest that the agreement is unsuitable.
They make the cost structure visible.

Independent consumer guidance

Readers may consult guidance from:

These bodies publish consumer-facing information about legal costs, costs disclosure, conditional costs agreements, no win no fee arrangements, costs disputes and complaint pathways.

Clean Law in context

Clean Law does not offer no win no fee agreements.

It uses a different cost-control structure.
Funds are held in stage-based escrow and released with client approval.
Settlement work and trial advocacy are structurally separated.
Clean Law’s settlement-lane fee does not increase because a matter takes longer.

This is not a comparison of which model is better.
Different models suit different matters.

The point is that each model should be understood by its structure, not only by its label.

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Source materials

By Nicky Wang
Principal Solicitor