---
title: "Draft a no win no fee costs agreement for a personal injury claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim"
type: "task"
site: "AI Law Framework"
id: "A42-CS20261023-1"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Draft a no win no fee costs agreement for a personal injury claim

> From the scope and estimates the lawyer marks, draft a conditional costs agreement in plain language that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the scope and estimates the lawyer marks, draft a conditional costs agreement in plain language that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the claim fails. The client signs nothing until the lawyer settles it. |
| What the lawyer must review | The lawyer settles the agreement the client will sign, including what counts as a successful outcome. Keep any uplift within the cap, and do not calculate the fee from the amount recovered. Say clearly whether disbursements are payable if the claim fails. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Agreement the client signs**

The tool drafts the conditional agreement from the lawyer's scope and figures. The lawyer settles every term before the client signs.

- What the AI does: From the scope and estimates the lawyer marks, draft a conditional costs agreement in plain language that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the claim fails. The client signs nothing until the lawyer settles it.
- What the lawyer does: The lawyer settles the agreement the client will sign, including what counts as a successful outcome. Keep any uplift within the cap, and do not calculate the fee from the amount recovered. Say clearly whether disbursements are payable if the claim fails. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. The agreement states the circumstances that constitute a successful outcome, in the words the lawyer adopts.
2. The cooling-off period is not less than 5 clear business days, unless an exception the lawyer identifies applies.
3. Any uplift is identified, estimated, and not more than 25 per cent of the legal costs excluding disbursements.
4. The fee is not calculated by reference to the amount of the award or settlement, unless the lawyer identifies a fixed costs legislative provision that section 183(2) or the Queensland equivalent permits.
5. In Queensland, the draft leaves room for the section 347 cap and does not treat a sophisticated client as subject to cooling-off if section 323(4) applies.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Legal Profession Uniform Law (NSW) s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 182, uplift fees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s182.html) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 183, contingency fees prohibited](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s183.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 323, conditional costs agreements](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s323.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 324, uplift fees](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s324.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 347, speculative personal injury claims](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)
- [Legal Services Commission (Qld), costs disclosure and costs agreements](https://www.lsc.qld.gov.au/for-the-profession/policies-and-guidelines/costs-disclosure-and-costs-agreements) (checked 2026-10-23)
- [Victorian Legal Services Board and Commissioner, 'no win – no fee' cost agreements](https://lsbc.vic.gov.au/consumers/legal-costs-and-billing/no-win-no-fee-cost-agreements) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 9 and 36, current from 1 July 2026](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2015-0244) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*