Get in touch with Carter Capner Law
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Carter Capner has an 80 year history of fighting for the civil justice rights of the people of Queensland. Giving a leg up is in our DNA. You can choose the expertise of our industry leading law firm for your compensation recovery action because that’s your right.
This page provides general information only and is not legal advice. Eligibility for a No Win No Fee arrangement depends on the merits of your individual matter and will be set out in a written costs agreement.
“50/50 rule” references are to Queensland laws capping professional fees (including GST) in speculative personal injury matters to no more than 50% of the client’s net settlement after refunds and specified disbursements.
Court proceedings: If court proceedings are commenced and a matter is unsuccessful, a court may order payment of the other party’s legal costs. This risk will be explained to you before any proceedings are commenced.
Time limits apply—seek advice promptly. *Settlement figures and rates refer to past experience and are not a guarantee of future outcomes. Every case is different.
In Queensland, "No Win No Fee" is a fundamental mechanism for access to justice, removing financial barriers for those who have suffered personal injury and financial hardship.
The core principle is a transfer of financial risk from you to us. We agree to fund the legal work and associated expenses to pursue your claim, deferring all payment for our professional services until the conclusion of the matter.
If the claim is unsuccessful and no compensation is recovered, we do not charge you for our professional fees. This structure inherently aligns our interests with your success.
While "No Win No Fee" is the common term, its formal legal name is a "Conditional Costs Agreement". This is the contract you sign, where payment of legal costs is "conditional on the successful outcome of the matter."
These agreements are most common for compensation claims, including Motor Vehicle Accidents, Workplace Injuries, Public Liability, Medical Negligence, and TPD Claims.
An offer to act on a "No Win No Fee" basis is not automatic. We conduct a thorough assessment of your claim's viability. An offer reflects our professional confidence in your claim's reasonable prospects of success.
Large insurance companies have a huge legal budget and refusing to pay claims is just part of how they do business.
Because they have such economic power, they have been able to persuade government to change the legal system so it works in their favour. As a result, injury compensation claims – since 2002 – been harder to win and the damages that the at-fault party must pay have been diminished.
Legal rights that just 25 years ago we could take for granted – and that citizens of other English-speaking nations still enjoy – have been subverted or abolished altogether.
Carter Capner’s expertise and “No-win-No-fee” terms overcome the disparity between powerful insurance companies on the one hand and ordinary individuals with limited resources on the other.
To navigate a "No Win No Fee" agreement, you must understand the distinct categories of costs. Our agreement dictates which costs are covered and which, if any, remain your responsibility.
These are the charges for our lawyer's work, time, skill, and expertise. In Queensland, these fees must be fair and reasonable for the work actually performed, not a percentage of the settlement. The "No Win No Fee" promise applies directly to these fees.
These are the out-of-pocket expenses paid to third parties to advance your claim, such as fees for expert medical reports, court filing, or barrister opinions. Our agreement clearly states how these are handled.
Some firms charge an "uplift fee" (up to 25% of professional fees) as a bonus for winning. Carter Capner Law does not charge any uplift fee or a success fee. This is a key part of our transparent, client-first promise.
This is the most significant risk. If your case goes to court and is lost, a judge may order you to pay the other party's legal costs. Our "No Win No Fee" agreement does not cover this. We will explain this risk in detail before any court proceedings are commenced.
| Cost Category | Description | Payable if You Win? | Payable if You Lose? |
|---|---|---|---|
| Professional Fees | Charges for our lawyer’s work, time and expertise (calculated for work actually performed; not a % of settlement). | Yes (subject to 50/50 rule) | No |
| Disbursements | External, out-of-pocket expenses (e.g., medical reports, court filing, barrister). | Yes | Depends on agreement (we explain this clearly) |
| Uplift Fee | Additional % (max 25%) on professional fees for firm’s risk. | No (CCL doesn’t charge this) | No |
| Adverse Costs | The other party’s legal costs, if ordered by a court. | No (usually paid by loser) | Potentially. A significant risk in litigation. |
"No Win No Fee" agreements are strictly regulated contracts designed to protect you. Your rights are enshrined in law.
This is the primary legislation governing your agreement. It sets out the rules for costs disclosure, costs agreements, and billing, including the 50/50 rule.
Queensland law protects your interests by placing an upper limit on professional fees. This "50/50 rule" ensures you receive a substantial and fair portion of your compensation.
The 50/50 rule guarantees that a law firm’s total professional fees (including GST) cannot exceed 50% of your net settlement amount.
It’s crucial to understand this is a maximum cap, not a standard fee. Our professional fees are calculated based on the work actually performed. The 50/50 rule only applies as a safety net to protect you in complex or high-cost cases.
1. Gross Settlement Amount: $100,000
2. Less Statutory Refunds (e.g., Medicare, Centrelink): -$5,000
3. Less Disbursements (e.g., medical reports, barrister fees): -$15,000
Net Settlement Amount: $80,000
Maximum Professional Fee Cap (50% of Net): $40,000
In this case, our professional fees cannot exceed $40,000, guaranteeing you receive at least $40,000 in your pocket.
More than 97% of our client's disputes are settled at Carter Capner Law without having to go to court. We are very cautious in assessing the likely success of the cases we take on. Put another way, if we take on your case on a no win no fee basis it's because our technical knowledge and legal expertise gives us the confidence to proceed to a winning outcome.
The Conditional Costs Agreement is a binding contract. We believe in 100% transparency, so here is what you should always look for.
This is the clause that triggers your obligation to pay. A "win" is typically securing a settlement payment. Be wary of clauses that define success as rejecting an offer your lawyer advised you to accept.
The agreement MUST state who pays for outlays if the case is lost. Some firms require you to repay them. We will always explain our policy upfront so there are no surprises.
Look for any mention of an "uplift fee" or "success fee." We don't charge them. Our fee structure is entirely transparent and based on a clear, agreed scale of costs for work actually done.
Choosing a firm is the most important decision you'll make. The right partner makes a profound difference to your outcome and your experience.
Compensation law is complex. It is strongly advisable to choose a lawyer who specialises in personal injury law.
Look for a Queensland Law Society (QLS) Accredited Specialist in Personal Injury Law. This is a formal recognition of a lawyer’s expertise and experience in their field.
A firm’s fee structure reflects its philosophy. A firm that doesn’t charge uplift fees (like us) and is transparent about costs signals a client-first model built on efficiency and maximising your net outcome.
Be wary of firms that use every available charging mechanism, as they may be transferring more financial risk to you.
Your first consultation is a two-way interview. Come prepared with specific questions to ask the lawyer.
From first call to finalisation—what to expect with Carter Capner Law.
We discuss your circumstances, review available evidence and provide an honest, plain-English view on prospects.
If you wish to proceed and we’re satisfied with prospects, we provide a written costs agreement that clearly explains the No Win No Fee terms.
We gather evidence, obtain expert opinions where needed, negotiate with insurers and, if necessary, commence court with your informed consent.
On successful resolution, fees and disbursements are deducted from settlement funds in line with the agreement and the 50/50 cap.
Access quality legal representation while reducing upfront financial pressure.
If your matter doesn’t resolve successfully before court is commenced, you do not pay our professional fees for work performed. Litigation risk: a court may order you to pay the other side’s costs if proceedings are commenced and ultimately unsuccessful.
Level the playing field against well-resourced insurers by engaging an experienced team without upfront professional fees.
Our fees for professional work depend on a successful outcome, aligning our motivation with your result.
We manage the legal case so you can focus on health and family recovery.
We offer No Win No Fee arrangements where we consider there are reasonable prospects, reflecting our professional assessment.
Costs are explained at the outset and documented in your agreement—no hidden charges, no uplift fees, no loading on expenses.
Carter Capner Law offers No Win. No Fee. for most injury compensation cases that it takes on, including:
Important: In some cases like medical negligence, we ask our client to meet the case expenses – but in many cases, we still take the financial risk of investing thousands of hours of expert professional work to ensure the claim’s success. Once you choose Carter Capner Law, we will evaluate your prospects of success and discuss no win no fee terms with you.
Before we offer No Win No Fee terms, we need to be sure your claim meets key criteria:
There must be a sound legal basis for your claim.
Your claim must have a reasonable chance of succeeding.
Designed for those who couldn't otherwise afford legal action.
You must be fully aware of the costs if the claim is successful.
Strict time limits apply. "No Win No Fee" ensures you can pursue justice regardless of finances, but you cannot delay. Waiting until you can afford a lawyer may mean missing claim deadlines.
We carefully assess your claim's prospects. Contact us today for a no-obligation “No Win No Fee” discussion. Let our experts help relieve stress and anxiety during this difficult time.
Start Your No-Obligation DiscussionUse this checklist when reviewing any "No Win No Fee" agreement.
Clear, Queensland-specific answers about how our Conditional Costs Agreements work in practice.
We charge scale-based professional fees for the work we actually perform (not a % of your settlement), as set out in your written costs agreement and ongoing disclosures.
We do not charge any uplift (success) fee. Many firms add up to 25% uplift on professional fees for “risk”. We don’t. Our philosophy is that your net outcome should be maximised.
Typically, your statement at settlement shows:
You’ll receive written estimates at the start and updated estimates as your matter progresses.
The “50/50 rule” (Qld) caps a law practice’s total professional fees (including GST) to no more than 50% of your net settlement in personal injury matters. “Net” means:
It’s a safety-net cap — not a fee target. We still bill on work done at scale; the cap simply ensures you keep at least half of the net sum.
Example (illustrative):
You always receive a detailed settlement statement so you can see how the cap has operated.
If your claim is unsuccessful before court proceedings are commenced, you do not pay our professional fees for the work we’ve done.
Important: If proceedings are commenced and the matter is ultimately unsuccessful, a court may order you to pay the other side’s legal costs. We will not start proceedings without explaining this risk and obtaining your informed instructions.
Disbursements: Our agreement explains how third-party outlays are handled if a claim does not succeed. In many matters we fund outlays; in some (e.g., complex medical negligence) we may discuss staged contributions. We make this position clear up front.
*Past outcomes are not a guarantee of future results. Every case turns on its own facts and evidence.
No. You receive a written costs agreement and ongoing disclosure. Before settlement funds are released, you receive a detailed statement showing:
You also have a cooling-off period (5 business days) after signing and the right to seek independent advice at any time.
“Successful outcome” is defined in your written agreement and generally includes a settlement or judgment in your favour where compensation is obtained. We’ll show you the clause and explain it in plain English before you sign. If you decide not to proceed, or no compensation is recovered, our professional fees are not charged (subject to the adverse-costs note if court is commenced).
These third-party expenses (called disbursements) are usually advanced by us and reimbursed from settlement. In some complex matters — particularly medical negligence or where extensive expert evidence is required — we may discuss staged contributions to outlays. Either way, we will agree the approach in writing before costs are incurred.
Yes — strict time limits apply in Queensland and they vary by claim type (e.g., MAIC/CTP, PIPA public liability, WorkCover, etc.). Some schemes require early notices in addition to the general 3-year limitation period. Contact us promptly so we can protect your rights and lodge the correct pre-court notices on time.
Insurers sometimes make early “low-anchor” offers. We advise you on the strength of your claim, likely ranges, and whether further evidence (e.g., medico-legal reports, rehab/earning capacity evidence) is needed to justify a higher settlement. You always control the decision to accept or reject; our role is to maximise your net outcome.
Yes. We regularly take over files. Your former firm may have a lien for reasonable costs/outlays to date, which is worked out when the file transfers or at settlement. We’ll review your matter, advise on prospects, and handle the transition with minimal disruption.
You’ll receive regular updates on progress, next steps and costs. If any substantial change to the estimate is expected (e.g., adding an expert report), we’ll tell you in writing first. At the end, you’ll receive a comprehensive settlement statement and we’ll walk you through it line by line.
Our Queensland compensation team is here to help. Complete these quick steps to get started.