NSW personal injury advertising
Can personal injury lawyers advertise in New South Wales?
Many guides still say NSW bans personal injury advertising. It doesn't. What replaced the old ban: rule 36, the Australian Consumer Law, and the 2025 claim farming laws.
By Santiago Alvarez, Founder, Ad Hoc Digital
Last updated
The short answer
If you read one part of this page, read this.
Yes. Personal injury lawyers in New South Wales may advertise. The Law Society of NSW says the Legal Profession Uniform Law doesn't include the personal injury advertising prohibition that existed in the repealed Legal Profession Regulation 2005, and the Workers Compensation Regulation 2016 dropped the old work injury advertising ban too.
What applies instead is the general rule for all solicitors, Australian Solicitors' Conduct Rules rule 36 (nothing false, misleading, deceptive or offensive, and no misleading specialist claims), the Australian Consumer Law, and the state's claim farming laws, which target paid cold contact and referral payments rather than advertising.
This is a plain summary for marketing planning, not legal advice. Check the current rule with your bar or law society. We work with law firms across the US and Canada, and also in Australia and the UK.
The old ban
The ban many guides describe was repealed with the move to the Uniform Law.
NSW used to restrict personal injury advertising by regulation. Those regulations are gone, and the Law Society of NSW says so plainly on its advertising page.
- Personal injury legal services
The Legal Profession Uniform Law 2014 doesn't include the prohibition on advertising personal injury legal services that existed in the now repealed Legal Profession Regulation 2005. The Uniform Law has applied in NSW since 1 July 2015.
- Work injury legal services
The Workers Compensation Regulation 2016 doesn't include the prohibition on advertising work injury legal services that existed in the now repealed Workers Compensation Regulation 2010.
What applies now
Three layers apply to a NSW personal injury firm's marketing.
None of them is a personal injury advertising ban. Together they still rule out a lot of what PI marketing looks like in other markets.
| Layer | What it says | What it means for ads |
|---|---|---|
| ASCR rule 36.1 | Advertising, marketing or promotion must not be false, misleading or deceptive or likely to mislead, offensive, or prohibited by law | No overstated results, no implied outcomes, nothing offensive about accidents or injuries |
| ASCR rule 36.2 | No false, misleading or deceptive impression of specialist expertise; "accredited specialist" and derivatives only for accredited specialists | Say "personal injury lawyers", not "injury specialists", unless accredited |
| Australian Consumer Law s 29 | No false or misleading testimonials; a testimonial is taken to be misleading unless evidence is adduced to the contrary | Keep evidence behind every testimonial, or don't use one |
| Claim farming laws | Ban paid unsolicited contact and payments for referring claims | Advertise to the public; never buy or cold-source claims |
Our guide to Australian lawyer advertising rules covers rule 36 and the consumer law across every state and territory.
Claim farming
NSW banned claim farming in 2025, which is about buying and chasing claims, not advertising.
The NSW Government describes the Prohibition on Claim Farming Practices Act 2025, passed in April 2025, as making it unlawful to pressure vulnerable people into lodging civil compensation claims.
- Claim farming means unsolicited contact with people to sign them up for claims, and buying or selling those claims or referrals.
- A firm that advertises to the public, on its website, in search or on social media, isn't claim farming. A firm that pays someone per referred claim, or buys "signed" claims from a call centre, is in the territory these laws target.
- In November 2025 the NSW Government announced a follow-on bill, the Motor Accident Injuries Amendment (Claim Farming Practices Prohibition) Bill 2025, adding two offences to the Motor Accident Injuries Act 2017 for the CTP scheme with a penalty of $55,000. Check whether it has passed and commenced before relying on either way.
We couldn't open the claim farming Act's text on the NSW legislation site today, so we don't quote its section numbers here. Our guide on paying for leads compares claim farming laws in NSW, Queensland and the ACT with US and UK referral rules.
Channels
Search ads, social ads and AI search are all open to NSW personal injury firms.
With no PI ban, the channel question in NSW is the same as anywhere else: which channels reach people with your kind of matter, at a cost that works.
Start with the Business Profile and reviews
A complete Google Business Profile and a steady flow of genuine reviews underpin every other channel, including what AI tools say about the firm.
Clear pages for each claim type
Motor vehicle (CTP), work injury, public liability and medical negligence work differently. One plain page each, answering what people ask, serves both Google and AI search.
Google search ads
Allowed, within rule 36 and Google's policies. Note that Local Services Ads isn't available in Australia, so search ads are the paid option on Google. Our Google Ads and ad copy rules guides apply.
Meta ads with care
Allowed, but creative that dramatizes injuries or implies outcomes risks rule 36 and the consumer law. Our guide to Meta ad creative covers what works without that.
Intake that answers fast
Injured people contact several firms. The one that answers and calls back first often gets the matter. See our guide to speed to lead.
Wording
"No win, no fee" is legal to say in NSW, but it has to be true and complete.
The phrase is banned as an advertising message in Queensland. In NSW the question is whether it misleads, under rule 36 and the consumer law.
- If clients pay disbursements, costs or anything else when they lose, saying "no win, no fee" without explaining that risks misleading them.
- "Maximum compensation" and "guaranteed results" imply outcomes no firm can promise.
- "Specialist" belongs to accredited specialists under rule 36.2.
- Testimonials need evidence behind them, because the consumer law presumes they're misleading otherwise.
Firms that practice across the border into Queensland need two sets of copy: what's fine in Sydney can be an offence in Brisbane. Our Queensland and NT guide covers that side.
Before you launch
A six-point check for a NSW personal injury firm's ads and pages.
When we review an injury firm's marketing against rule 36 and the consumer law, these are the points we go through, in this order.
Every claim about results is true and in context
Amounts recovered, success rates and "hundreds of cases" need records behind them and enough context not to imply the next client will get the same.
Fee wording is complete
If you advertise a no-win-no-fee arrangement, say what the client pays if the claim fails, such as disbursements.
No specialist wording without accreditation
Check headings, ad copy, social bios and the Business Profile description for "specialist" and similar words.
Testimonials have evidence and consent
Keep the client's permission and the source of each quote. Our testimonials guide covers the rules across countries.
Nothing offensive about the accident
Graphic injury imagery and fear-based copy risk rule 36.1's "offensive" limb and rarely help anyway.
No paid referrals or cold contact
Check that no lead source, partner or vendor is contacting injured people unprompted or being paid per referred claim.
What we see
We have no Australian results to show, so here's the contrast honestly.
When we look at personal injury marketing outside Australia, the paid channels carry far more of the load than they can under Queensland's Act. NSW sits much closer to those markets.
One US personal injury client of ours earned $82,000 in revenue from a single $250,000 settlement, after 18 months of consistent cases. That's a US result in a US market, not a prediction for NSW, but the mechanics carry over: consistent lead flow, fast intake, and patience with case timelines.
Our guide to marketing a law firm in Australia covers the wider picture, including the Spam Act for follow-up messages and privacy at intake.
Common mistakes
Where firms go wrong.
The NSW-specific mistakes we'd check for in a personal injury firm's marketing.
Following outdated advice
Restricting ads to name and contact details because an old guide said so. That's Queensland's rule; NSW repealed its version.
Using Queensland copy in NSW, or the reverse
A firm practicing in both needs separate pages and ads. What's lawful in NSW can be an offence in Queensland.
Buying claims
Paying per referred claim or buying signed-up claimants runs into the 2025 claim farming laws. Advertise to the public instead.
"Injury specialists"
Rule 36.2 reserves specialist wording for accredited specialists.
Testimonials without evidence
The consumer law takes testimonials to be misleading unless evidence shows otherwise. Keep the client's permission and proof on file.
Real results
What this looked like for real firms.
A US personal injury result, shown as a contrast, not a prediction for NSW.
Identifying details are anonymized to protect our clients. Individual result, not a promise or prediction of any specific outcome for your firm.
FAQ
Questions lawyers ask us.
Straight answers to the questions that come up most.
Is personal injury advertising banned in NSW?
No. The Law Society of NSW says the Uniform Law doesn't include the personal injury advertising prohibition from the repealed Legal Profession Regulation 2005, and the Workers Compensation Regulation 2016 dropped the work injury ban too. Rule 36 and consumer law still apply.
Can NSW personal injury firms run Google and Facebook ads?
Yes, within ASCR rule 36, the Australian Consumer Law and each platform's policies. Local Services Ads isn't available in Australia, so Google search ads are the paid option on Google.
Can we say "no win, no fee" in NSW?
Yes, if it's accurate and complete. If clients still pay disbursements or other costs when they lose, the ad has to make that clear, or it risks being misleading under rule 36 and the consumer law.
What is claim farming?
Unsolicited contact to sign people up for claims, and buying or selling claims or referrals. NSW passed a claim farming law in April 2025, and announced a further bill for motor accident claims in November 2025.
Can we call ourselves personal injury specialists?
Only accredited specialists may use "accredited specialist" or derivatives under rule 36.2, and nobody may give a misleading impression of specialist expertise. "Personal injury lawyers" is safe.
Is NSW different from Queensland?
Very. Queensland's Personal Injuries Proceedings Act limits PI ads to name, contact details and practice area by allowed methods. NSW has no such limit. See our Queensland and NT guide.
Do these rules apply to workers compensation and CTP claims?
Rule 36 and the consumer law apply to all of them. The old work injury advertising ban was dropped from the Workers Compensation Regulation 2016. For motor accident (CTP) claims, check whether the November 2025 claim farming bill for the CTP scheme has passed, because it targets unsolicited contact in that scheme.
Can you help a NSW firm?
Yes. Schedule a consultation and we'll tell you straight which channels we'd use for your practice inside these rules, and which we wouldn't.
Where we do this
The services this guide touches.
What this looks like when we run it for a firm, with a demo for your practice on each page.
Sources
Where these facts come from.
Official pages we read when writing this page. Platforms and rules change, so check the current version before you act on any of it. This is marketing guidance, not legal advice.
- Law Society of NSW, Advertising legal services
- Legal Services Council, the Uniform Law
- NSW Government, NSW Government to outlaw claim farming in motor crashes (November 20, 2025)
- Federal Register of Legislation, Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law)
- Law Council of Australia, Australian Solicitors' Conduct Rules 2026
Want a second pair of eyes on this?
Book a free 30-minute call. Tell us how cases come in today, and we'll tell you straight what we'd change, and whether we can help.
