It is our experience that the legal costs involved with family provision claims often prevent claimants with strong family provision claims from accessing justice. Consequently, we offer a No Win-No Fee for family provision claims in Western Australia to claimants that we assess as having a strong case. Approximately 97% of family provision claims in Western Australia are settled prior to, at or shortly after mediation conducted through the Supreme Court of Western Australia.
1. What is a No Win-No Fee Agreement?
Under our No Win-No Fee agreement (Agreement), if your claim is unsuccessful you:
- will not need to pay any of our legal fees if you comply with the Agreement;
- must pay out of pocket costs such as court filing fees, land title search fees, company search fees, expert opinions etc.
Under the Agreement, if your claim is successful you:
- must pay our legal fees plus a success fee equal to 25% of our legal fees; and
- must pay out of pocket costs such as court filing fees, land title search fees, company search fees, barrister fees, expert opinions etc.
The “success fee” takes into account the risk that we take on if your case is unsuccessful. The “success fee” is a reward for us assuming the risk that the claim may be unsuccessful with no fees being paid.
In the majority of successful claims, the claimant’s costs (i.e. legal fees and out of pocket costs) are paid from the estate.
2. Who qualifies for the No Win-No Fee service?
We offer our No Win–No Fee service where:
- Your claim has a strong likelihood of success;
- You do not have the ability to meet our legal costs out of your own pocket;
- You agree to tell us openly and honestly everything that is relevant to your claim;
- You agree to tell us of any material change in your circumstances that might impact on your claim;
- You agree to pay out of pocket costs such as court filing fees, land title search fees, company search fees, barrister fees, expert opinions etc as incurred on a monthly basis;
- You agree to follow our advice;
- You agree to fully co-operate with us and do everything that we reasonably ask;
- You agree to retain us to the conclusion of the claim; and
- You accept the terms of our Agreement.
Mid West Lawyers is a leading independent law firm with offices in Geraldton and Perth, Western Australia. We take great pride in delivering quality and pragmatic legal advice to our clients.
What We Do
Suite 1, Wiebbe Hayes House
7 Wiebbe Hayes Lane
Geraldton WA 6530
(08) 9921 6040
45 Ventnor Avenue
West Perth WA 6005
(08) 9389 4450