What Queensland lawyers can charge as an uplift fee (2026)
An uplift fee is an extra amount a Queensland lawyer may charge if a “no win, no fee” matter succeeds. It sits on top of normal fees. In a litigious matter, the Legal Profession Act 2007 caps it at 25% of the legal costs, excluding disbursements. The agreement must explain how the firm works it out and estimate it.
Key takeaways
What an uplift fee is
An uplift fee is a success-based extra charge. The Legal Profession Act 2007 (LPA) defines it in s 300. It means additional legal costs, excluding disbursements, payable on a successful outcome. So you pay it only if the matter succeeds, as your agreement defines success.
The idea is to reflect the firm’s risk. Under a “no win, no fee” deal, the firm may get no fees if the claim fails. The uplift is the extra it may earn when the claim succeeds. For the wider fee rules, see our guide to personal injury lawyer fees in Queensland.
Only in a no win, no fee agreement
This kind of fee belongs inside a conditional costs agreement. Section 324(1) says such an agreement “may provide for the payment of an uplift fee”. In turn, a conditional agreement is one where some or all legal costs depend on success (s 323).
By contrast, in an ordinary fee-for-service agreement you pay whatever the result. So the LPA gives no basis for an uplift there. Our comparison of no win no fee and fee-for-service arrangements sets out the differences side by side.
The 25% uplift fee cap in litigious matters
Section 324(4) sets the cap for litigious matters. It says “the uplift fee must not exceed 25% of the legal costs, excluding disbursements, otherwise payable”.
The LPA defines a litigious matter in s 300. It is a matter that involves, or is likely to involve, court or tribunal proceedings. The Act’s note adds that a matter is litigious once proceedings start. It is also litigious at any stage when they are reasonably likely.
The Legal Services Commission (LSC) says a lawyer may charge up to 25% of the legal costs, depending on the type of matter. Because the cap applies to litigious matters, ask the firm how it treats yours.
A simple worked example
The 25% is a share of legal costs, not of your payout. Here is an illustration with made-up numbers for a litigious matter.
In this example, the uplift can’t exceed $7,500. Also, the $6,000 of disbursements adds nothing to it.
|
Item |
Amount |
|---|---|
|
Legal costs, excluding disbursements |
$30,000 |
|
Disbursements (not part of the uplift) |
$6,000 |
|
Maximum uplift fee (25% × $30,000) |
$7,500 |
Discounted fees don’t lower the base
Some firms discount their normal fees. Under s 324(5), the Act doesn’t stop that. However, the 25% cap then uses the fees the firm would have charged without the discount.
The cap therefore uses the undiscounted fees as its base. So ask the firm to show both figures if it offers a discount.
What the costs agreement must say
Section 324 sets two rules for the agreement itself:
Extra disclosure before you sign
Uplift fees also trigger extra disclosure. Under s 313, the firm must tell you in writing before you sign. It must disclose:
Why the reasons matter
The third point is worth reading closely. It asks the firm to justify the extra charge for your matter. Likewise, the LSC costs disclosure page says your lawyer must explain any uplift. That includes the rate and when it may apply.
Disclosure must be in clear plain language (s 314). If it is unclear, you can ask the firm to explain it before you sign.
Cooling-off and the uplift fee
A conditional costs agreement must include a cooling-off period (s 323(3)(e)). It must last at least 5 clear business days. During that time, you can end the agreement by written notice.
If you do, s 323(5) limits what the firm can recover. It may recover only costs for work you knew about and asked for in that period. Also, it may not recover the uplift fee at all.
How an uplift fee fits with the 50/50 rule
In a speculative personal injury claim, the 50/50 rule in s 347 caps the firm’s total claim-related costs. The LPA treats an uplift as additional legal costs, so it counts within that total. As a result, even a lawful uplift can’t lift costs above the cap. The only exception is written approval from the Queensland Law Society.
Our guide to the no win no fee 50/50 rule explains the formula. Our costs agreement checklist then covers the other clauses to read.
If the rules are broken
A firm must not enter a costs agreement that breaches s 324. The maximum penalty is 100 penalty units (s 324(6)). In addition, s 327(4) says the firm loses the right to the uplift. It must repay any uplift it received. If it doesn’t, you can recover the amount as a debt in court (s 327(6)).
Unsure about a bill? You can generally apply for a costs assessment within 12 months (s 335; LSC: Costs assessments). You can also raise concerns with the Legal Services Commission.
An uplift fee is not a percentage of your payout
An uplift fee is not a contingency fee. Under s 325, a law practice must not charge an amount worked out from the size of an award or settlement. The only exception is where a scale of costs applies. An uplift, by contrast, is a percentage of the firm’s legal costs. So if anyone quotes a share of your compensation, ask how that fits with s 325.
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.
Firms that handle this kind of claim
See Queensland firms ranked for each claim type and area, or put any two or three side by side. Every fact is checked and dated.