Personal injury lawyer fees in Queensland, including no win no fee and the 50/50 rule (2026)
Personal injury lawyer fees in Queensland are set by the Legal Profession Act 2007, and lawyers may work under a conditional (“no win, no fee”) costs agreement. For speculative personal injury claims, the 50/50 rule caps the lawyer’s claim-related costs at half your payout after refunds and disbursements. Uplift fees are capped at 25% of legal costs in litigious matters, and percentage-of-payout fees are banned.
Key takeaways
How personal injury lawyer fees work in Queensland
The Legal Profession Act 2007 (LPA) controls the fees Queensland personal injury lawyers charge. In particular, the Act sets rules for “no win, no fee” agreements, uplift fees and costs disclosure, bans fees based on a percentage of your payout, and caps costs in personal injury claims through the 50/50 rule.
These rules apply to every Queensland law practice, so knowing how personal injury lawyer fees work helps you read a costs agreement, compare quotes and ask the right questions. Many firms offer a free first consultation, but check the costs disclosure before you sign anything.
Personal injury lawyer fees at a glance
The table summarises the main fee rules, and then the sections below explain each one in more detail.
|
Rule |
What it means |
Law |
|---|---|---|
|
Conditional (“no win, no fee”) agreement |
Fees are payable only if the matter has a successful outcome, as defined in a written, signed agreement |
LPA s 323 |
|
Uplift fee cap |
In a litigious matter, no more than 25% of the legal costs, excluding disbursements |
LPA s 324 |
|
Contingency fee ban |
No fees calculated by reference to the amount of an award or settlement (except where a scale of costs applies) |
LPA s 325 |
|
50/50 rule |
Claim-related costs in a speculative personal injury claim can’t exceed [E – (R + D)] × 0.5 |
LPA s 347 |
|
Costs disclosure |
Tiered disclosure, given before or as soon as practicable after the practice is retained |
LPA ss 307A, 307B, 308, 310 |
|
Costs assessment |
Generally apply within 12 months after a bill or request for payment |
LPA s 335; LSC |
Personal injury lawyer fees on a “no win, no fee” basis
“No win, no fee” usually means a conditional costs agreement: you pay some or all legal fees only if the claim succeeds. Under s 323, a conditional costs agreement must:
What “no win, no fee” doesn’t always cover
However, the LPA doesn’t allow conditional agreements in criminal matters or Family Law Act matters. “No win, no fee” doesn’t always mean you pay nothing if the claim fails. The agreement may treat disbursements (out-of-pocket expenses paid on your behalf) differently from professional fees, and the definition of a “successful outcome” decides when fees become payable. Read both closely and ask the firm to explain anything unclear.
Uplift fees for personal injury lawyers and the 25% cap
An uplift fee is an extra amount a lawyer may charge, on top of normal fees, if a “no win, no fee” claim succeeds. In other words, it reflects the firm’s risk of earning no fee.
Under s 324, the agreement must separately identify the basis for calculating the uplift fee and give an estimate of it. In a litigious matter, the uplift fee must not exceed 25% of the legal costs, excluding disbursements, otherwise payable. Uplift fees also require additional costs disclosure under s 313. If you end the agreement within the cooling-off period, the firm can’t recover the uplift fee (s 323(5)).
In particular, the 25% is a percentage of the legal costs, not of your compensation. For example, if the professional fees in a litigious matter were $20,000, the uplift could not be more than $5,000.
Why personal injury lawyer fees can’t be a percentage of your payout
Queensland lawyers can’t charge you a percentage of your settlement or award. Under s 325, a law practice must not enter into a costs agreement where the amount payable is calculated by reference to the amount of any award or settlement, except where a scale of costs applies. It also can’t take a transfer of your interest in the proceedings. In addition, the maximum penalty is 100 penalty units.
If anyone offers to act for “30% of what you get” or similar, that is a contingency fee, which the LPA prohibits for Queensland law practices.
The 50/50 rule on personal injury lawyer fees
The 50/50 rule caps what a lawyer can charge in a speculative personal injury claim, meaning one where fees depend on success. Under s 347, this formula sets the maximum claim-related legal costs (including GST):
[E – (R + D)] × 0.5
E is your entitlement under the judgment or settlement, including costs. R is the refunds you must pay, such as to Centrelink, Medicare or WorkCover. Finally, D is the disbursements. In plain terms, the lawyer’s fees can’t be more than half of what remains after refunds and disbursements come out.
|
Step |
Amount |
|---|---|
|
Settlement (E) |
$100,000 |
|
Less refunds (R), e.g. Centrelink and Medicare |
– $10,000 |
|
Less disbursements (D) |
– $10,000 |
|
Amount left |
$80,000 |
|
Maximum legal costs (× 0.5) |
$40,000 |
Exceeding the 50/50 cap
A firm can charge more than the 50/50 cap only with approval. It must apply in writing to the Queensland Law Society (for a barrister not retained by another law practice, the Bar Association) under s 347(2)–(4). In addition, PIPA s 71E and MAIA s 79 apply the same formula and approval process where s 347 itself does not apply to the law practice.
The 50/50 rule is a ceiling, not a set fee, so your actual costs may be lower, depending on the work done and your agreement.
Refunds that come out of your payout
The 50/50 formula deducts refunds before working out the cap, so it helps to understand them. If your compensation includes an economic loss component, Centrelink may apply a preclusion period and recover payments made during it. Similarly, for claims settling over $5,000, Medicare recovers injury-related benefits from the compensation (Services Australia).
The compensation payer usually pays Services Australia directly before releasing the balance to you. Ask your lawyer for an estimate of refunds early, because they can make a real difference to what you receive.
What a personal injury lawyer must tell you about fees (costs disclosure)
A law practice must tell you about its costs, and the level of detail depends on the likely size of the bill. Under the LPA there are three tiers:
When a law practice must disclose costs
A law practice must make disclosure under s 307B or s 308 before, or as soon as practicable after, the practice is retained (s 310). No disclosure is needed if legal costs, excluding disbursements and GST, are unlikely to exceed $1,500, and abbreviated disclosure can apply up to $3,000 (s 300). In addition, the Legal Services Commission’s costs disclosure page explains what to expect.
The LPA also has provisions on the effect of a failure to disclose and on setting aside costs agreements (ss 316, 328). If you think the firm didn’t properly tell you about costs, raise it with the firm or the Legal Services Commission.
Questions to ask about personal injury lawyer fees
These questions can help you understand an agreement and compare firms on the same basis:
Disputes and complaints about personal injury lawyer fees
If you disagree with a bill, you can generally apply for a costs assessment within 12 months after the firm gave the bill or request for payment, or after payment if it gave no bill (LPA s 335(5); LSC: costs assessments).
The Legal Services Commission is an independent body that helps maintain legal practitioner standards. You can lodge an enquiry or complaint with it about a lawyer’s conduct, including claim farming and law practice certificate breaches.
Claim farming and why this site doesn’t promote fee terms
Claim farming is illegal in Queensland. Paying or receiving a fee for referring a potential claim, or cold-contacting people to solicit a claim, can attract up to 300 penalty units (about $51,810 from 1 July 2026). If a court convicts an associate of a law practice, the practice can’t recover any fees, costs or disbursements for the claim and must repay amounts received (PIPA s 71D; see the Legal Services Commission’s claim farming page).
Queensland also restricts advertising of personal injury services. PIPA s 66 applies to any person, and the Act’s own example of a breach is advertising on a “no win, no fee” basis. That’s why this guide explains the fee rules but doesn’t promote any firm’s terms.
Frequently asked questions
Sources
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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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