At Smith’s Lawyers, 'No Win, No Fee, No Catch®' means exactly what it says: if your claim is unsuccessful, you pay nothing to anyone.
Not all 'no win, no fee' arrangements in Queensland work this way. Many firms still require clients to repay certain costs if a claim fails. Understanding the difference can protect you financially.
What many 'No Win, No Fee' agreements still charge
Under a typical arrangement, you may not have to pay your lawyer’s professional fees if the claim is unsuccessful. However, other costs can still apply, including:
- Disbursements such as medical reports, specialist assessments, or court filing fees
- Administrative expenses like document preparation and printing
- Adverse costs, where a court may order you to pay the insurer’s legal fees if the case goes to trial
In complex cases, these costs can add up to tens or even hundreds of thousands of dollars.
How Smith’s Lawyers is different
With Smith’s Lawyers’ 'No Win, No Fee, No Catch®' promise, you pay nothing if your TPD claim is unsuccessful.
That includes:
- No legal fees
- No disbursement costs
- No insurer's legal costs
Smith’s Lawyers absorbs these risks entirely. In nearly 30 years of practice, not a single client has been left out of pocket.
Quick Answer Box
- The short answer: Smith's Lawyers' No Win, No Fee, No Catch® arrangement covers professional fees, disbursements (out-of-pocket expenses), and the other side's legal costs. If your case is unsuccessful, you pay zero in any outcome except a win.
- Important to know: Queensland's 50/50 rule caps lawyer fees at 50% of your net settlement. Disbursements in personal injury claims typically range from $10,000 to $30,000.
- Who this applies to: Anyone pursuing a personal injury compensation claim in Queensland.
- Next step: Call 1800 960 482 for a free, no-obligation consultation or use the form at the bottom of this page to request a call-back.
Understanding 'No Win, No Fee, No Catch®' at Smith's Lawyers
What Does 'No Win, No Fee' Actually Mean?
An offer like this is known as a conditional costs agreement (CCA). It’s a formal contract where your lawyer's fees are conditional on winning your case. If you don't win, you don't pay professional fees.
However, what's covered under 'no win' varies significantly between firms. At Smith's Lawyers, the No Win, No Fee, No Catch® model covers:
- Professional fees: The legal work your lawyer does on your case
- Disbursements: Out-of-pocket costs like medical reports ($5,000–$15,000 each), expert fees, and court filing fees
- Adverse costs: The other side's legal costs if a court awards them against you
If Smith's takes on your case and it's unsuccessful, you pay none of the above. Smith's absorbs those costs entirely.
Your Rights and Obligations With Smith’s Lawyers’ ‘No Win, No Fee, No Catch®’
What You're Entitled To
- Zero upfront costs: No payment required to start your claim, not for legal work, not for reports, not for any expenses
- Fee transparency: An itemised account of all work done and costs incurred, disclosed throughout your matter
- The 50/50 rule protection: Under section 347 of the Legal Profession Act 2007 (Qld), professional fees cannot exceed 50% of your net settlement
- Right to exit: You can terminate your CCA at any time before settlement under the Legal Profession Act's disclosure rules
What You Must Do
- Provide accurate information: Your lawyer needs honest, complete details about your injury, circumstances, and history
- Meet claim deadlines: Most personal injury claims in Queensland have a 3-year limitation period under the Limitation of Actions Act 1974 (Qld)
- Participate in the process: This includes attending required medical assessments and the compulsory conference
Common Scenarios and FAQs
Will I ever receive a surprise bill from Smith’s Lawyers?
The short answer: No. The No Catch® component specifically eliminates surprise costs.
What this means:
- Disbursements are covered by Smith's, not passed to you via a loan or financing arrangement
- Adverse costs (the other side's legal fees if you lose at trial) are covered by Smith's, so you won’t be personally responsible for them
- The 50/50 cap is disclosed upfront, so you know the maximum fee scenario before you proceed
Important note: Some firms fund disbursements through third-party loans that accumulate interest. You should always ask whether 'no win, no fee' includes disbursements or just professional fees.
Can I walk away from my case if I'm unhappy?
The short answer: Yes, at any time before settlement, with no financial penalty.
What to do:
- Notify Smith's Lawyers in writing that you wish to terminate the CCA
- Under the Legal Profession Act's mandatory disclosure requirements, clients retain the right to exit their agreement
- You will not owe fees or disbursements for work done to that point
Important note: If you transfer to another firm mid-claim, the incoming firm may seek a contribution for prior work done. Always get clarity on this before switching lawyers.
What if the other side's costs are awarded against me?
The short answer: Smith's covers these costs. You pay nothing.
What this means:
- If your case proceeds to trial and is unsuccessful, a court may award the defendant's legal costs against you (known as an adverse costs order)
- At most firms, this risk falls on the client and exposure can exceed $50,000
- Smith’s covers this risk entirely, so you face no personal liability.
Important note: Because approximately 95% of Queensland personal injury claims settle before reaching court, adverse costs orders are rare, but for many, this protection can be a weight off their shoulders.
What's the difference between contingency fees and a CCA?
The short answer: a contingency fee is a fixed percentage of your settlement, regardless of the amount of work. A CCA is based on actual work done, only payable if you win, and capped by the 50/50 rule.
Important note: Contingency fees are illegal for personal injury claims in Queensland. CCAs are what's actually used and they work very differently.
Smith's charges only for actual work performed, no percentage cut, no uplift. This is consistent with Queensland law and protects clients from inflated fees.
How does the 50/50 rule work in practice?
The short answer: It caps your lawyer's professional fees at 50% of what's left after deducting statutory refunds and disbursements from your settlement.
An example for a $200,000 settlement:
- Gross settlement: $200,000
- Minus statutory refunds (e.g. WorkCover $20,000, Medicare $5,000): -$25,000
- Minus disbursements (medical reports, barrister fees): -$15,000
- Net amount: $160,000
- Maximum professional fees (50% cap): $80,000
- Minimum client receives: $80,000
Smith's fees are typically well below the cap, meaning most clients take home significantly more than 50% of the net amount. In other words, the 50/50 rule is a protective mechanism, not a target.
Smith's Model vs Other 'No Win, No Fee' Arrangements
In the table below, we’ll compare Smith’s No Win, No Fee, No Catch® alongside a Standard CCA, but also look at:
Success fee/uplift fee model: where the law firm charges an additional percentage on top of their legal fees if the claim is successful
Disbursement loan model: where case expenses such as medical reports and court fees are funded through a loan, which may still need to be repaid even if the claim is unsuccessful.
Step-by-Step Process
- Free consultation: Smith's Lawyers assesses your claim at no cost or obligation. You'll receive clear advice on whether you have a viable case before signing anything.
- Sign your CCA: Your No Win, No Fee, No Catch® agreement is explained in full before you sign. All fee structures and the 50/50 cap are disclosed upfront.
- Evidence gathering: Smith's manages medical reports, expert assessments, and investigation. All associated disbursements are covered by us, not you.
- Compulsory conference: Required under PIPA section 37, typically held 6–9 months into the claim. This is where most Queensland personal injury matters resolve.
- Settlement or court: Approximately 95% of claims settle before trial. If your case proceeds to court and is unsuccessful, Smith's covers all costs, including the other side’s legal fees.
Documents you'll need:
- Medical records and treatment history: Establishes the nature and extent of your injuries; gather these as early as possible
- Incident reports or police reports: Documents how the injury occurred and supports your account of events
- Proof of income and employment: Required to calculate lost wages and future earning capacity as part of your compensation
Legal Framework
- Legal Profession Act 2007 (Qld): Governs all CCAs in Queensland, prohibits contingency fees in personal injury matters, mandates the 50/50 cap on professional fees, and requires written cost disclosure before a CCA is signed
- Personal Injuries Proceedings Act 2002 (Qld): Sets out the pre-litigation process, including compulsory conferences and notice requirements
- Limitation of Actions Act 1974 (Qld): Establishes the 3-year limitation period for most personal injury claims
What this means for you:
- Your lawyer cannot legally take a percentage cut of your settlement in Queensland
- Fees must reflect actual work done and cannot exceed half your net settlement
- You have a legal right to a written disclosure of all costs before you agree to anything
Red Flags When Consulting With Another Practice
Question your agreement carefully if a firm:
- Says 'no win, no fee' but requires you to repay disbursements if you lose
- Funds your disbursements through a third-party loan with interest
- Cannot clearly explain what happens to your costs if you lose at trial
- Charges an 'uplift' or 'success fee' as a percentage on top of hourly rates
- Pressures you to sign quickly
- Fails to fully explain the 50/50
Common mistakes to avoid:
- Don’t assume all 'no win, no fee' arrangements are identical. Always read what 'no win' actually covers in your specific agreement
- Don’t wait too long to seek advice. Limitation periods and evidence quality both deteriorate with time
When Should I Seek Legal Advice From Smith’s Lawyers?
Get advice as early as possible, especially if:
- You've been injured in a road accident, workplace incident, or public place and another party may be at fault
- You're unsure whether your injury meets the threshold for a compensation claim
- You've received correspondence from an insurer asking you to sign something, and you’re not completely sure about all the details
- You're approaching the 3-year limitation period and haven't yet lodged a claim
Why early advice matters:
- Understand your full rights and entitlements before making any decisions
- Access rehabilitation and support services sooner rather than later
- Protect your claim from common pitfalls, including missed deadlines and inadequate evidence
- Get expert guidance before time limits expire and options are lost
Key Takeaways
- 'No Catch®' with Smith’s means exactly that: If your case is unsuccessful, you pay nothing, no professional fees, no disbursements, no adverse costs
- The 50/50 rule protects you by law: Queensland's Legal Profession Act caps legal fees at 50% of your net settlement; Smith's fees are typically below this cap
- Contingency fees are illegal in Queensland personal injury: Smith's charges only for actual work done, no percentage cut of your compensation
- Not all 'no win, no fee' arrangements are equal: Many firms require disbursement repayment or expose clients to adverse costs if a case fails
- You can exit your agreement at any time: No financial penalty applies if you choose to end your CCA before settlement
Get Help Now
If you've been injured and believe another party may be at fault, getting early legal advice helps you understand your rights, access the rehabilitation you need, and protect your entitlements to compensation.
Smith's Lawyers has offices across Queensland. And, as mentioned above, there are no upfront costs, no hidden fees, and no financial risk to you if your case is unsuccessful.
Contact Smith's Lawyers today:
- Call: 1800 960 482 for a free, no-obligation consultation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis
- Or request a call back: Use the form below to have our team contact you at a time that is convenient for you
