VIC No Win No Fee - how does it work?

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BobMckiernan

Member
11 May 2022
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Hello,

Has anyone here ever engaged a lawyer with a "No Win, No Fee" structure and can share / explain to me how the process works?
Planning to start an action against my employer for discrimination. I had my initial consult and was given advice to first lodge a complaint via the Victorian Equal Opportunity & Human Rights Commission and go through a conciliation process- and depending on outcome, if I'm not happy I can take it further to VCAT. I have heard from friends that usually a "No Win, No Fee" will incur costs somehow and they're not exactly free. I have also heard that it is rare that they would want to go to VCAT without charging any costs.
Some of the questions that I have:
  • I understand that there will be a cost agreement somehow, and that it will stipulate that only in the case of a WIN that I'd have to pay - but would we agree beforehand on what a WIN actually means? i.e, if I get a settlement, will any amount of settlement be considered a WIN?
  • What's the most common % that the no win no fee lawyers take in the case of a WIN?
  • For anyone who has gone through the process and had been unsuccessful in the process, did you have to pay nothing regardless of the length of time the process took?
Thanks everyone, appreciate the response!
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Have a read of this.
It's a pdf so you may do better using a computer than trying to do it on a phone.