Keeping on top of your finances can be difficult at the best of times. At Nowicki Carbone we understand that if you are injured the cost of a legal claim can be worrying which is why we offer a No Win, No Charge* fee arrangement.

No Win No Charge means that if we believe you have a viable claim we won’t charge you any upfront fees. We will only charge you fees if we obtain a successful outcome on your behalf.

How does it work?

Under the No Win -No Charge arrangement, if your claim is unsuccessful you may not need to pay any legal fees. If your claim is successful, however, even with the arrangement you may be charged legal fees which may include a ‘success fee’.

A success fee is typically a percentage added to the final costs. For example, under Victorian law if your claim is successful an increase in the costs of up to 25% is permitted as a success fee. This ‘uplift’ is not calculated as a percentage of your settlement money.

Is it available in all cases?

No Win No Charge fee arrangement will be available in most claims that we deem viable, however some conditions may apply and your lawyer will discuss this with you in your first appointment.

Can anyone ask for No Win No Charge? 

We offer No Win No Charge arrangements on a case-by-case basis. Before we will accept your case on a No Win No Charge basis we must be satisfied that:

  • Your claim has legal merit
  • Without the arrangement you could not afford to take legal action
  • You are fully aware of any likely costs to prepare and run your case
  • You are informed of the risk of paying the other party’s costs if your claim is unsuccessful. This is a potential risk in all litigation.

What are Nowicki Carbone’s obligations in a No Win No Charge arrangement?

We will set out the conditions for the arrangement in a written Fee and Retainer Agreement which you will need to sign before we start work on your claim.

The Fee and Retainer Agreement also sets out our obligations to you, the client, which in general terms are to:

  • Work on your claim in a prompt, efficient and professional manner
  • Regularly inform you of the progress of your claim
  • Consult you before any special or unusual expense is incurred
  • Advise you if and when our estimate of your legal costs changes substantially.

What are my obligations in a No Win No Charge arrangement?

Under a No Win No Charge arrangement we ask that you, in general:

  • Tell us openly and honestly everything that is relevant to your claim and let us know of any material change in your circumstances that might impact on your claim
  • Fully co-operate with us and do everything that we reasonably ask
  • Accept and follow all reasonable advice that we give you. But, if there is a dispute about whether our advice is reasonable, we both agree to accept the opinion of an independent barrister agreed between us, or, if we cannot agree, one nominated by the law institute or society in your state
  • Retain Nowicki Carbone as your lawyers until your claim is finalised.