Johnston Withers

No Win No Fee conditions.

Published on Monday 25 September, 2023 by Tim Downie

Injury claims
No Win No Fee

We believe everyone deserves equal access to the power of the law – and we’re willing to roll up our sleeves to make sure you get the help you deserve. Find out how our No Win No Fee lawyers can help you.

Considering a personal injury claim can be stressful, but getting the support of No Win, No Fee lawyers can lighten your burden. However, not all No Win, No Fee lawyers in Adelaide are the same.

If you’re looking for No Win, No Fee personal injury lawyers, you may be dealing with pain, restriction, medical expenses, lost income, and more. Being aware of your rights is crucial for making the best choices for your potential claim.

At Johnston Withers Lawyers, we specialise in assisting clients with complex personal injury claims on a No Win, No Fee basis. When experience matters, we’re here to help you, too.

Adelaide office tim johnston withers lawyers

How do No Win, No Fee lawyers work?

Our personal injury lawyers’ No Win, No Fee terms mean we defer our fees until your claim resolves, and if your claim doesn’t succeed, we won’t charge you any fees at all.

When should you seek the help of No Win, No Fee lawyers in Adelaide?

Before moving forward with legal action, it’s crucial to understand your rights and entitlements to compensation, and what should be your next step.

The law sets limitations on how long a claimant can wait before filing an action in court, so it’s critical to seek advice as soon as possible to avoid losing your legal rights.

Struggling with a complex personal injury claim?

Some personal injury claims arise out of challenging scenarios with competing facts. Finding a lawyer willing to put in the time and effort to consider your case without upfront fees can make all the difference.

You can rely on our friendly assistance and advice that’s easy to follow. We pride ourselves on making sure you always have the latest information so you never feel out of the loop.

Simply put, No Win, No Fee terms lessen your financial stress. Plus, successfully securing a settlement means you get a positive outcome, even after fees.

Terms and conditions of working with our No Win, No Fee lawyers

Our No Win, No Fee offer explained

1. Our No Win No Fee terms and conditions in personal injury cases offer applies to potential personal injury claims in South Australia (including but not limited to WorkCover, CTP motor vehicle accidents, asbestos-related diseases, product liability, medical malpractice and occupiers’ liability claims).

The offer is subject to our approval

2. Our offer to conduct a case for you on a no-win-no-fee basis (pursuant to a conditional costs agreement) is subject to our approval in relation to the potential claim, this is based on the merits of a claim and the prospect of commercial success. For example, in South Australia an injured person in a motor vehicle accident claim has to establish the negligence of another driver for the claim to succeed. Likewise, there are statutory restrictions on the amount of compensation an injured person can claim and it may not be viable for them to be represented given the costs involved.

3. Johnston Withers can provide initial advice at no cost to assess whether it is viable to have representation and to make an offer to act on a no-win-no-fee basis.

No Win, No Fee cases must satisfy certain criteria

4. Accordingly, if your case is accepted by us on a no-win-no-fee basis, it must satisfy the criteria/conditions that:

a) it has reasonable prospects of success in relation to liability;

b) the likely amount of damages recoverable for your claim makes it commercially viable to pursue in terms of the costs associated with prosecuting the claim as well as costs that are recoverable from the insurer or other parties (if any); and

c) you promptly sign and return our Conditional Legal Costs Agreement and cooperate throughout the claim to ensure it is prosecuted diligently, including accepting our reasonable advice as to the management of the claim and considering any reasonable offers of settlement that are made by the defendants.

The assessment as to whether your case has reasonable prospects and/or sufficient damages rests solely with Johnston Withers Lawyers and is completely at our discretion.

How and when we charge you

5. The basic condition of the No Win, No Fee arrangement is that we will only charge you our legal professional costs if there is a successful outcome in your matter. The definition of a ‘successful outcome’ is a settlement or award of damages in your favour. A settlement of the matter is where the matter is settled by way of offer and acceptance for an amount prior to commencing a court action or a hearing. An award is when you take a matter to trial and obtain a judgement in your favour.

We’ll advise you about settlements

6. Sometimes an offer of settlement will be made to you that we believe should be accepted after full consideration of all of the relevant issues applying to your case. There can be adverse cost risks for a claimant if they proceed to a trial and are unsuccessful and this can create an unnecessary or disproportionate risk in rejecting an offer. In the unlikely circumstances where you choose not to follow our advice in relation to a recommended offer we reserve the right to seek an independent assessment of the offer from a suitably qualified and experienced South Australian barrister and the parties are obliged to follow this advice.

We have the right to terminate our No Win, No Fee retainer

7. In certain circumstances, we can terminate our retainer, withdraw from acting on your behalf and refuse to continue with the case, this may be when we are made aware of evidence during the course of the matter which may change our opinion as to your prospects of success and/or our decision to continue with the matter on a no-win-no-fee basis.

There are risks to consider before going to trial

8. If we cannot resolve your case by negotiations and you are unsuccessful at a court hearing, we will not charge you for your legal professional fees. As noted above, in certain circumstances, however, you may be liable for the costs and disbursements of the other side. Specifically, if you run a case and lose, you could have the other side's costs awarded against you and this could be a considerable sum of money. If you have assets in your name or work in a job where you are earning a wage, the other side can enforce a judgment against you and sell up your assets and/or garnish your wage to satisfy any judgment obtained. That is why it is critical to consider all offers to resolve your claim by settlement and only commence court action if your case has a more than reasonable prospect of success.

We always have your best interests in mind

9. Given the cost, time and risk of court actions, we will always do what is best for you as the client, including discussing all of the relevant matters with you and seeking detailed instructions fully before making any decisions, this is especially so when deciding whether to go to trial.

When experience matters, we’re the No Win, No Fee lawyers that Adelaide and regional South Australia trusts

By partnering with Johnston Withers Lawyers, our clients tap into our longstanding history of accessible and compassionate legal representation stretching back more than 75 years.

Our No Win, No Fee lawyers have a broad presence throughout South Australia, with offices in Adelaide, Salisbury, Port Augusta, Roxby Downs, Clare and Murray Bridge.

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Tim Downie Johnston Withers Lawyers


Tim Downie

Practice leader: Personal injury

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