What does 'no-win, no-fee' mean in relation to superannuation claims?

Published 08 Jun 2016

You may have heard the term 'no-win, no-fee' in relation to legal services before and wondered exactly what it means. Well, as the name suggests, this type of payment structure protects claimants from incurring financial losses if they don't win their case.

In other words, if you pursue compensation using a no-win, no-fee lawyer and the ruling doesn't go in your favour, you won't have to pay any legal costs. This is a win-win situation for plaintiffs, as they can seek damages or benefits without the fear that a decision for the other side could leave them severely out of pocket.

While we can't speak for all firms that claim to be no-win, no-fee lawyers, Gerard Malouf & Partners is proud to provide this type of service for our clients. We cover all the upfront costs, such as court fees, administration charges and expenses related to gathering evidence on your behalf.

What happens if I win?

When your case is successful, the money for our fees and running expenses will be subtracted from your settlement. Australian law prevents firms from charging a percentage of the payout, but we can provide estimates of how much you are likely to be billed depending on the amount of damages you receive.

Our lawyers will also adjust the final bill downwards if you are unhappy with the service, although this has occurred in less than 0.1 per cent of our cases. As far as we know, Gerard Malouf & Partners is the only superannuation disputes firm that offers a fee reduction guarantee.

What happens if I lose?

As mentioned, you are not liable for any fees or cost if your case doesn't win. You can rest assured we will always commit 100 per cent to our clients' causes, as our business model relies on us achieving successful outcomes.

However, this also means that we won't take on cases that we feel we don't have a good chance of winning. Gerard Malouf & Partners provides free, no-obligation consultations to ascertain whether or not your claim is worthwhile to pursue.  

What types of cases do you specialise in?

Gerard Malouf & Partners' superannuation disputes lawyers are experts in total and permanent disability, critical illness, income protection and death benefit claims.

If you believe you are eligible for compensation or benefits due to an injury or illness, please contact us today to learn more about our extensive services.

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