Ways to pay for legal help in Australia, compared

Fee structures, funding options and do-it-yourself routes compared on how they work, who they suit and what to watch out for.

This table compares ways of paying for legal help, not individual firms. It does not show real prices, because legal costs depend on the matter, the court, the state and the firm. Use it to decide which arrangement to ask about, then get a written estimate and test it with the hourly fee estimator and the costs agreement checklist. Select a column header to sort, or filter by keyword.

Select a column header to sort.

OptionHow it worksGood forWatch out for
Hourly rate (time costing)Each person's time is recorded, often in six-minute units, and billed at their hourly rate plus disbursements and GSTMatters with uncertain scope, such as contested litigationBills grow with emails, calls and delays; ask for regular bills and updated estimates
Fixed feeOne agreed price for a defined task, such as a will, a conveyance or a letter of demandRoutine, well-defined tasksCheck exactly what is excluded; extra work is often billed hourly
Capped feeHourly billing with an agreed maximum for a stage or the whole matterClients who need budget certainty but whose matter may be simpler than expectedFind out what happens at the cap: does work stop, or is a new estimate required?
No win no fee (conditional costs agreement)Fees are payable only if the agreed 'successful outcome' happens; an uplift of up to 25% of fees may be addedPersonal injury, employment and some estate claims with good prospectsNot allowed in criminal or Family Law Act matters; disbursements and adverse costs may still fall on you
Legal aidState or territory legal aid commission funds a lawyer if means, merit and matter-type tests are met; a contribution may be requiredCriminal charges, family law, some civil matters for people on low incomesStrict eligibility; many civil disputes are not covered
Community legal centre or pro bonoFree advice or casework from a community legal centre, or free help from a firm through a pro bono schemePeople who cannot afford a lawyer and do not qualify for legal aidWaiting lists and limited capacity; often advice only, not full representation
Litigation fundingA commercial funder pays costs and may cover adverse costs in exchange for a share of any recoveryClass actions and large commercial claimsThe funder's share can be large; read how 'proceeds' are calculated
Victorian group costs orderIn Supreme Court of Victoria class actions, the court can order the lawyers' fees to be a percentage of the amount recoveredGroup members in Victorian class actionsOnly available by court order in that court; ordinary contingency fees remain banned
Self-representation in a tribunal or small claims courtYou run the claim yourself, often with free help from a court, tribunal or legal information serviceConsumer, tenancy and small debt disputes within tribunal limitsYou still pay filing fees; costs are rarely awarded so you rarely recover anything for your time
Direct-access barristerSome barristers accept work directly from the public for advice or specific tasksSecond opinions or discrete advocacyBarristers usually cannot hold trust money or run the paperwork of a whole case

Caveats. Fee rules differ between the Legal Profession Uniform Law states (NSW, Victoria, Western Australia) and the other states and territories, which have their own Legal Profession Acts. Thresholds that are indexed each year, such as the Commissioner's costs dispute limits, change on 1 July. Nothing here is legal advice.

Check with: the NSW Office of the Legal Services Commissioner, the Victorian Legal Services Board + Commissioner, the Queensland Legal Services Commission, the Legal Practice Board of WA and the legal aid commission in your state.