Paying disbursements in an injury claim in Queensland (2026)
Disbursements in an injury claim are out-of-pocket costs your lawyer pays to progress the claim, such as court filing fees and barrister fees. However, they are separate from the lawyer’s professional fees. In Queensland, a “no win, no fee” agreement may require you to pay disbursements even if the claim fails, so check the agreement.
Key takeaways
What disbursements in an injury claim are
Disbursements in an injury claim are the costs a law practice pays to other people to run your claim. The Legal Profession Act 2007 (LPA) simply says that disbursements “includes outlays”. In other words, they are money spent on your behalf, not the lawyer’s own fees for their work.
The Legal Services Commission (LSC) gives court filing fees and barrister fees as examples. In addition, the LPA mentions medical and expert reports in its examples for s 347. For the bigger picture on fees, see our guide to personal injury lawyer fees in Queensland.
Disbursements versus professional fees
It helps to keep two kinds of cost apart. Professional fees, which the LPA calls legal costs, pay for the lawyer’s own work. Disbursements, by contrast, pay for goods or services from someone else.
The difference matters for three reasons. First, a “no win, no fee” agreement may treat them differently. Second, the uplift fee applies to legal costs and excludes disbursements. Third, the 50/50 rule deducts disbursements before it caps legal costs.
|
Question |
Professional fees (legal costs) |
Disbursements |
|---|---|---|
|
What they pay for |
The law practice’s own legal services |
Outlays paid to others, such as filing fees or barrister fees |
|
Included in an uplift fee? |
Yes, the uplift is a percentage of legal costs |
No, the uplift excludes disbursements (s 300, s 324) |
|
Payable if a conditional claim fails? |
Depends on the agreement’s definition of success |
May be payable whatever the outcome (s 323(3)(b)) |
|
Under the 50/50 rule |
Capped as claim-related costs |
Deducted first as “D” (s 347) |
Do you pay disbursements if an injury claim fails?
Whether you pay disbursements in an injury claim that fails depends on your costs agreement. Under s 323, a conditional costs agreement “may provide for disbursements to be paid irrespective of the outcome of the matter”. So some agreements ask you to pay them even if you lose, while others may not.
The LSC also puts it plainly. It says that, whatever the outcome under a “no win, no fee” agreement, “your lawyer is entitled to recover money spent pursuing your claim”. It also says the agreement should state whether the firm can recover outlays regardless of the outcome (LSC: Costs agreement).
Detailed costs disclosure must also flag this. Under s 308(7)(b), it must include, if applicable, a statement that disbursements may be payable even under a conditional costs agreement.
The other side’s costs are different again
Disbursements are not the only risk if a claim fails. The LSC warns that if your case is unsuccessful, “you may be required to pay the other party’s legal costs”. That applies even with a “no win, no fee” agreement.
Some matters are likely to go to court. For those, detailed disclosure must estimate the costs a court may order you to pay if you lose (s 308(4)(f)). Ask about this figure early, because it sits outside your own lawyer’s fees.
What the firm must tell you about disbursements
Costs disclosure rules depend on the likely size of the legal costs. Under s 307A, a firm need not disclose costs if legal costs, excluding disbursements and GST, are not likely to exceed $1,500. Abbreviated disclosure can apply up to $3,000, and detailed disclosure applies above that (LSC: Costs disclosure).
Under s 307B, abbreviated disclosure must include an estimate of the total amount of disbursements. Also, if the firm plans to brief a barrister, it must tell you about that barrister’s costs (s 309). You can then ask for a written list of likely disbursements, such as reports and filing fees.
How disbursements in an injury claim affect the 50/50 rule
Disbursements also matter for the 50/50 rule. Under s 347, claim-related costs in a speculative personal injury claim can’t exceed [E – (R + D)] × 0.5. Here, D is disbursements, so they come out of the payout before the halving step. Our guide to the no win no fee 50/50 rule has a worked example.
The Act defines D carefully. It covers disbursements or expenses you are liable for, if the firm incurred them or advised you to. They must be for goods or services, other than the firm’s own legal services, used to investigate or progress the claim. Also, it doesn’t matter who pays them. For example, you might pay a provider directly or through the firm.
Loans to fund disbursements
Some people borrow money to pay disbursements in an injury claim. The Act also deals with this directly. Interest or fees on a loan obtained on the firm’s advice, or with its help, are “additional amounts” under s 347(8). So are interest or fees for using the firm’s own overdraft or credit facility to fund disbursements.
So these additional amounts are not part of D. Instead, they count as claim-related costs, which sit inside the 50/50 cap. The Act also gives an example. A client pays for medical reports with such a loan. The reports fall within D, but the interest does not.
Similarly, fees paid to another business for taking instructions or preparing statements are additional amounts, not disbursements.
Checking disbursements on your injury claim bill
You have several rights if you want to check disbursements in an injury claim. First, you can ask for a written report of costs incurred to date. Under s 317, the firm can’t charge for that costs report.
Second, if you get a lump sum bill, you can ask for an itemised bill. The firm must give it within 28 days and can’t charge for it (s 332; LSC: Billing). Third, you can apply for a costs assessment within 12 months after the bill or request for payment (s 335).
Questions to ask about disbursements in an injury claim
These questions can help you compare how firms handle disbursements in an injury claim:
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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