Agreement · Personal Injury & Compensation
Conditional (no win, no fee) costs agreement and costs disclosure for personal injury claims (Uniform Law states)
Conditional costs agreement and disclosure for personal injury damages claims in NSW, Victoria and WA: defines success, sets rates and any uplift within the 25% cap, explains disbursements, cooling-off, statutory caps and what the client pays.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- New South Wales, Victoria, Western Australia, Queensland
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for 4 jurisdictions.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a personal injury damages claim where the firm will be paid only if the claim succeeds. Do not use for criminal or family law matters, for NSW CTP or workers compensation statutory benefits where charging is restricted, or in Queensland without the Queensland changes.
How AI may be used
AI may draft the costs estimate narrative and fill the schedule from the lawyer's estimate, but disclosure thresholds, uplift limits, statutory caps and the client's informed consent are for the lawyer.
AI may
- Turn the lawyer's estimate worksheet into the estimate table and plain-English explanation.
- Check the draft against the statutory checklist in the drafting notes and list anything missing.
- Produce a plain-English summary for the client to read before the meeting.
AI must not
- Must not set the uplift percentage, the definition of success or the estimate.
- Must not describe statutory caps or charging restrictions from memory: they must be checked in the current regulations.
- Must not be the means by which the client's understanding and consent are confirmed.
The lawyer checks
- The agreement is in plain language, signed by the client, and states the right to independent legal advice and the 5 clear business day cooling-off period.
- Any uplift is no more than 25% of legal costs (excluding disbursements) and the firm reasonably believes success is reasonably likely.
- Nothing is calculated as a percentage of the damages (contingency fees are prohibited).
- The firm has a reasonable belief that the claim has reasonable prospects of success (NSW Sch 2) before providing more than preliminary services.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Personal Injury & Compensation
- Workers compensation dispute application in the Personal Injury Commission (NSW): completion guide
- CTP personal injury benefits claim (NSW) and TAC claim (Vic): deadlines and lodgment checklist
- Medical negligence: request for health records and letter of claim to a provider (NSW, with Victorian and Queensland notes)
- Protocol: AI-generated medical chronologies (privacy, verification and use in evidence)
- Letter briefing a medico-legal expert, including the court's generative AI restrictions
All precedents for Personal Injury & Compensation · Tasks and AI use in this area