Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
Practice Areas
Newsletter
Sign up to our newsletter
Most professional negligence lawyers in Australia operate on a no-win no-fee basis, meaning you pay no upfront legal fees to start your claim. If your claim succeeds, the lawyer’s fee is deducted from your settlement or award. If it doesn’t succeed, you generally owe no professional fee. Costs vary depending on the complexity of the claim, whether expert witnesses are required, and how far the matter proceeds.
If you’ve been harmed by a professional’s negligence, there’s a reasonable chance you’ve already lost money. A bad investment on your advisor’s recommendation. An accountant’s error that triggered a tax bill you shouldn’t have faced. A solicitor who missed a critical deadline. The last thing you want is to throw more money at the problem.
So when people contact us and the first thing they ask is “how much is this going to cost me?” — we get it completely. It’s the right question.
This guide doesn’t dodge it. We’ll walk through every element of legal costs that can arise in a professional negligence claim: the fee models available, what disbursements are and how they’re treated, what happens if you don’t win, and the factors that influence what a claim ultimately costs to run. By the time you’ve finished reading, you’ll have a clear enough picture to make an informed decision about whether to take the next step.
Not all legal fees work the same way. There are four main structures you’re likely to encounter.
This is the model most specialist professional negligence firms use, and for good reason — it aligns the firm’s interests with yours. Under a no-win no-fee arrangement (formally called a conditional fee agreement), you pay no professional fee unless your claim succeeds. If it does, the lawyer’s fee is typically calculated as a percentage of the settlement or court award.
What a lot of people don’t realise is that the lawyer’s professional fee and the out-of-pocket costs of running the case (called disbursements) are two separate things. Some firms cover disbursements under the no-win no-fee umbrella and recover them on success. Others require claimants to contribute to disbursements regardless of outcome. This matters, and you should always clarify it before signing anything.
The specifics of how costs work in your matter are something we go through as part of the free case evaluation — so you’re not committing to anything before you understand the full picture.
For discrete, early-stage legal tasks — reviewing documents, providing an initial written advice, or assessing whether a limitation period has passed — some lawyers offer fixed-fee services. You pay a set amount for a defined scope of work. It’s less common in full litigation matters but can be useful when you want a considered second opinion before deciding whether to pursue a claim.
The traditional model. The lawyer charges a set rate per hour, and your bill grows in proportion to the time spent on your matter. It gives you precise accountability for what work is being done, but it also means the financial risk sits primarily with you — win or lose, the meter has been running. For complex, high-value matters, hourly billing can be appropriate. For most claimants who have already suffered a financial loss, it’s a model worth approaching carefully.
Increasingly common in substantial professional negligence matters. The firm charges a reduced hourly rate during the life of the matter, then takes a success fee if the claim is resolved in your favour. The logic is straightforward: the firm shares some of the risk, and the claimant pays less during the case than they would under pure hourly billing. It requires careful review of the costs agreement to understand exactly what you’re agreeing to.
It means what it says, but there’s more to understand than the headline.
Your solicitor’s professional fee — the cost of their time, their expertise, their advice — is contingent on success. If the claim doesn’t succeed, that fee isn’t payable. That’s the core protection the model offers.
What it doesn’t automatically cover is disbursements. These are third-party costs: court filing fees, the cost of obtaining expert reports, barrister fees when a barrister is engaged, document management costs in complex matters. How disbursements are handled depends entirely on the terms of the costs agreement you sign before the matter begins. For more on how this works in practice, see our guide to no-win no-fee lawyers in Australia.
There’s also the question of adverse costs. Australian litigation operates on the general principle that “costs follow the event” — the losing party can be ordered to pay a portion of the winning party’s legal costs. This is a real risk in any litigation, no-win no-fee or otherwise, and it’s one that should be discussed openly before your matter proceeds. After-the-event (ATE) insurance exists specifically to cover this scenario, and it’s worth asking about.
None of this is said to alarm you. Most professional negligence claims that proceed on a no-win no-fee basis do so because a lawyer has assessed the merits and concluded there’s a reasonable prospect of success. The model exists because it works. But it works best when you go into it with a full understanding of the costs agreement.
Under the Legal Profession Uniform Law (applicable in NSW and Victoria) and equivalent legislation in other states, lawyers have mandatory costs disclosure obligations. You must receive clear, written disclosure of how costs will be calculated before you engage a lawyer. If you’re not given that, something is wrong.
No two claims cost the same to run. The following variables have the most significant influence on total legal costs. Understanding how claims proceed from start to finish can help — see how professional negligence claims work for a full overview.
Complexity and claim value. A claim involving a single missed limitation period and a straightforward causation argument costs far less to run than one involving years of alleged financial mismanagement, multiple defendants, and contested expert evidence. Higher-value claims typically justify more extensive investigation — because the stakes warrant it.
Whether liability is disputed. If the professional and their insurer accept that negligence occurred and the dispute is only about quantum (how much you’re owed), costs are generally lower and resolution is faster. When liability is contested, the matter becomes a full battle, and costs increase accordingly.
Expert witness requirements. This is one of the most significant cost drivers in professional negligence litigation. Medical negligence claims require medical experts. Financial advice claims may require forensic accountants. Engineering and construction claims require engineering experts. A single expert report can cost several thousand dollars — sometimes significantly more in complex matters.
Settlement timing. Most professional negligence matters settle before trial. The earlier a settlement is reached, the lower the overall costs. Matters that proceed to a full hearing are the most expensive to run.
Court filing fees. These are fixed by jurisdiction and scale with the value of the claim. They vary from state to state and are a necessary cost in any litigated matter.
Barristers. In substantial matters, instructing a barrister adds cost — but can also add significant value in terms of advocacy and strategic advice. Whether a barrister is engaged, and at what stage, will be discussed with you as part of your legal team’s planning.
Disbursements are the costs a lawyer incurs on your behalf with third parties during the course of your matter. They’re separate from the solicitor’s own professional fee, and they’re a normal part of any litigation.
Common disbursements in professional negligence claims include: court filing fees, process server fees, fees for obtaining medical records or financial documents, expert witness fees, barrister fees, and travel costs where applicable.
In a no-win no-fee arrangement, the question is who funds disbursements during the life of the claim — and who bears them if the claim doesn’t succeed. Some firms fund disbursements entirely and recover them from the settlement if the claim succeeds. Others require claimants to contribute as the matter progresses. There’s no universal rule. What matters is that it’s clearly specified in the costs agreement before you sign.
In professional negligence matters, expert reports are often the most substantial disbursement. A medical negligence claim typically cannot proceed without independent medical opinion. A financial advice claim may require forensic accounting analysis. These costs are real, and any honest assessment of what your claim will cost should factor them in.
This is the question most people want to ask but feel awkward raising. Ask it. You deserve a straight answer.
In Australian civil litigation, the general rule is that costs follow the event. If you bring a claim and lose, the other side may apply for a costs order against you — meaning you could be required to contribute to their legal costs. This is a genuine risk of litigation and should be understood before you proceed.
After-the-event (ATE) insurance is a product designed specifically to address this risk. Taken out after a cause of action arises but before proceedings are commenced, ATE insurance covers adverse costs orders if your claim is unsuccessful. It’s not available in every matter and comes at a cost, but it’s worth discussing with your legal team.
A firm operating on a no-win no-fee basis has strong commercial incentives to assess your claim carefully before agreeing to run it. We’re not going to take on a matter we don’t believe in — that’s not good for you, and it’s not good for us. A rigorous merits assessment at the outset, which is exactly what the free case evaluation provides, is your first and most important protection against the risk of an unsuccessful claim.
In most Australian states and territories, professional negligence claims must be commenced within three years of the date you became aware — or should reasonably have become aware — of the negligence. The general limitation period in some states extends to six years for certain claim types. Missing the deadline can permanently extinguish your right to claim, regardless of how strong your case is. If there is any doubt about whether your limitation period is still open, get advice as soon as possible.
Fair Go Australia operates primarily on a no-win no-fee basis for professional negligence claims. That’s not just a marketing line — it reflects our genuine belief that access to justice shouldn’t depend on whether you can afford to pay a lawyer by the hour.
Before any engagement begins, you’ll receive a clear written costs disclosure document that specifies how the professional fee is calculated, how disbursements are handled, and what happens in different outcomes. This is required by law under the Legal Profession Uniform Law in NSW and Victoria, and under equivalent legislation in other states. We take it seriously.
The free case evaluation is also where we discuss costs. There are no surprises waiting on the other side of signing — only a clear understanding of how the process works and what it means for you financially.
A free case evaluation with our team covers more than just whether you have a claim. We’ll also walk you through how costs would be structured for your specific matter, so you know exactly where you stand before you make any decision.
We respond within 1 business day.
In most cases, no. Fair Go Australia operates on a no-win no-fee basis for professional negligence claims, meaning no professional fee is payable unless your claim succeeds. Some out-of-pocket disbursements may apply depending on the terms of your costs agreement — your free case evaluation is the right place to discuss exactly how costs will be structured for your matter.
The percentage varies depending on the firm, the nature of the claim, and its complexity. Under the Legal Profession Uniform Law and equivalent state legislation, any success fee must be specified clearly in the costs agreement before you engage the lawyer. We discuss this openly and transparently during your free case evaluation.
If your claim succeeds, the other party may be ordered to pay a portion of your legal costs, including court filing fees. If your claim is unsuccessful, you may face an adverse costs order requiring you to contribute to the other side’s legal costs. This risk is real and should be factored into your decision to proceed. After-the-event (ATE) insurance can provide protection against adverse costs orders in some circumstances.
Legal aid is generally not available for professional negligence claims in Australia, as these matters are considered civil disputes with a commercial dimension. The no-win no-fee model is the primary mechanism through which most claimants access specialist legal representation without upfront cost.
Yes. A costs agreement (also called a costs disclosure or client agreement) is the formal document that sets out how your lawyer’s fees and disbursements will be calculated and charged. Under Australian law, your lawyer is legally required to provide you with clear costs disclosure before engaging in your matter. Read it carefully. If anything is unclear, ask before you sign.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
Sign up to our newsletter