A costs agreement could be:
1. "No win - no fee" (No win - No charge) costs
Several of our departments offer "No win - No charge" legal services. "No win - No charge" may be offered by the following practice areas:
- Asbestos Diseases
- Catastrophic Injuries
- Class Actions
- Medical Negligence
- Superannuation & Insurance Claims
- Road Accident Injuries
- Will disputes
- Work Related Injuries
We offer "No win - No charge" legal services when appropriate and when we believe that your case is reasonably likely to be successful. "No win - No charge" only applies to our professional fees (that is the fees we charge for work performed by us). Generally, disbursements (out of pocket expenses etc) must be paid whether you win or lose. In our Class Actions and Asbestos Diseases practice areas, disbursements will only be payable if your claim is successful.
In some Australian jurisdictions, when we achieve a successful outcome which awards you money or a benefit; legal costs will be charged together with a 25% success fee. No success fee is payable in NSW.
In Victoria, for example, the success fee is up to 25% which the Legal Profession Act 2004 allows us to charge in recognition of the risk involved and the additional expenses incurred by us in conducting your case on a "No win - No charge" basis. The success fee is not charged on expenses that you have paid during the course of your claim or that have been reimbursed by WorkCover or the TAC. The fee is not 25% of any damages you receive, it is a 25% increase on the legal costs due, ie for every $1000 in costs you would be charged an extra $250. We will be happy to explain the precise situation in each Australian jurisdiction or territory.
In the Commercial Law and Employment & Industrial Law departments or when we do not act "No win - No charge" one of the following cost arrangements will be offered to you:
2. Deferred professional fees
This is an arrangement where expenses are payable as requested by us, and professional fees are payable shortly before or at the end of your case, regardless of outcome.
3. Pay as you go
This is an arrangement where expenses are payable either when they fall due or in advance, and professional fees are billed and due on either monthly or quarterly, regardless of outcome.
4. Pay in advance
This is an arrangement where legal costs are paid in advance and are payable regardless of outcome. The amount to be paid in advance will be determined by agreement between us and you.
For further information on Maurice Blackburn's fee arrangements, contact us on 1800 675 306.