Litigated WorkCover Claims
In 1994, the Victorian Government made it legal for lawyers to enter into 'Conditional fee' agreements with their clients in matters that involve litigation. This can be an excellent arrangement for a client BUT only if it contains fair terms and conditions and clear information is given to the client before entering the arrangement.

In matters involving litigation, a conditional fee agreement can allow for an uplift fee (sometimes called a success fee) to be payable in the event that the matter is successful. Part of the reason for allowing an uplift fee in litigious matters is to compensate a lawyer who conducts the matter on a "no win no charge" arrangement. Set out below is our view on the proper approach that should be taken on uplift fees.

In WorkCover matters there are a number of areas where litigation is either not possible or relatively rare and uplift fees should not be applied to these matters. In these matters lawyers are able to set their own fees at any level that is "reasonable". Some, but not all lawyers, will charge according to their own "in house" scale of costs. There can be a large disparity between lawyers on what they believe is a "reasonable" charge. It is therefore very important to receive a clear and binding estimate of the costs you are likely to be charged.

WORKFORCE LEGAL believes that factors which can affect the legal fees charged should be clearly defined and explained to a client before they enter into a fee agreement. WORKFORCE LEGAL will always provide a clear guide to fee rates which we invite you to compare with other lawyers.

There are a number of components to legal fees. Click here for a glossary of the common terms.