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Offline j15


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On a no-win no-fee contract are the fees are substantially higher?

Not substantially higher, but there is an uplift.



Offline Aircon

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look at the latest ANZ class action

people trying to claw back on fees that they agreed on when opening accounts with ANZ

Right.... And? The lawyers would only take it on IF they were certain they could win. That's my point.
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Offline Aircon

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In very simple terms, lets say you litigate a matter on a no-win no-fee basis that is listed for a 3 day hearing with a slim prospect of success. From the insurer's perspective, let's assume it will cost them $100k to defend the matter, and further assume that the plaintiff has little or no assets against which costs can be recovered.

If the defendant insurer wins and also gets a costs order, next they will have to try and recover the costs against someone whose already poor. More often than not it makes sense for the insurer to work out what their costs are likely to be, and then settle for equal to or less than that amount.

As a plaintiff firm, you could rinse and repeat this process and really start churning them out.


Interesting view.
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Offline scud

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Right.... And? The lawyers would only take it on IF they were certain they could win. That's my point.
nothing is black and white anymore.

workcover are a f*cking joke too. just pen pushers who tick and flick, and in the end it costs us all a lot more to do things.

doctors aren't any better, want time off, they'll write you whatever you want.

the old days a price increase was about power, or wages, or fuel, or rates. now a big one is workcover premiums all due to wanker legals who chase a reason for compensation, even when it's not the employers fault, or it's a pre-existing injury. I've seen it too many times. after the kiddie fiddlers and then the financial planners (more wankers) royal commission, this has to be next.



Offline amgsl55

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Right.... And? The lawyers would only take it on IF they were certain they could win. That's my point.

just putting it out there in relation to
Quote
I wonder if no win/no fee actually STOPS some people litigating because they're told it has no merit?

the example says it wont stop them.....just so you can stop wondering :)



Offline TomE


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"There's too many self-Indulgent wieners in this city with too much bloody money! Now, if I was driving a 1967 275 GTB four-cam... "



Offline scud

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I think there will be litigation with this one.
there always is but you are right, pretty bad to run the other way.



Offline trev0006

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I have always thought the driving instructors are very brave with some of the appalling driving standards exhibited by inexperienced drivers.
I stepped in as an instructor once. Never again :eek:

That and also sales guys at exotic car dealerships are brave also. can't imagine some kid coming in to test drive a new Porsche turbo or even a M3/m4 and you have to sit next to them not knowing their history.
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Offline Aircon

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just putting it out there in relation to
the example says it wont stop them.....just so you can stop wondering :)

That doesn't make any sense. If the lawyer thought it was not winnable he wouldn't take on the banks only to lose and not get paid for all his work. Clearly, the lawyer didn't tell the clients it was unwinnable.
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Offline j15


  • Joined: Oct 2006

  • Location: Sydney
Right.... And? The lawyers would only take it on IF they were certain they could win. That's my point.

It's hard to be certain of anything in litigation. The ANZ case is only one of very few class actions in Australia that has run all the way to a judgment. There's less than 5 in the country that have made it that far. Most settle because the issues can become very complex and therefore too expensive for anyone to bother taking the risk with going to hearing.



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