Elegals Litigators Toolkit (Jackson & Pastellas)

Elegals Litigator's Toolkit (Jackson and Pastellas) is the most comprehensive and up-to-date guide to the Uniform Civil Procedure Rules 1999 (Qld). It includes the complete Uniform Civil Procedure Rules, extensive commentary and analysis incorporating new cases weekly, and access to Practice Directions, and forms.

Elegals Litigator’s Toolkit (Jackson and Pastellas) makes finding the right rule (and knowing what to do with it when you get there) simple. An Overview & Key Features, and a Beginner's Guide is provided for each chapter. An expert commentary is provided for each rule within each chapter. 

We have also included the easiest way to access forms prescribed by the Rules, practice directions, costs and fees, relevant legislation and relevant caselaw; wherever possible, they are linked. In practical terms, this means that users can access all of that material at the click of a button, without leaving their desktop.

Our unique "Search Toolkit" function finds the information you want and takes you to the source at the click of a button.

The principal contributors to the Elegals Litigator’s Toolkit (Jackson and Pastellas) are Sheryl Jackson (former Associate Professor, Faculty of Law, QUT), and Julie Pastellas (senior lecturer, Faculty of Law, QUT). Numerous additional contributions have been made by specialist academics and private practitioners. 

Subscribers are alerted to the following significant case updates

Rule 681 - general rule about costs - when another order may be more appropriate - generally - focus must be on conduct of actual proceedings, not extraneous considerations

Abood v State of Queensland [2024] QSC 257 (29.10.24)

Rule 378 - amendment before request for trial date - case management principles - impact of rule 5; supervised case list

McEwan v Commissioner of Taxation [2024] QSC 252 (25.10.24)

Rule 171 - strike out pleading; no leave to replead; summary determination of proceeding

Blue Dog Group Pty Ltd v Australian Securities & Investments Commission [2024] QSC 233 (3.10.24)

Rule 16 - setting aside originating process - application of rule - stay a proceeding - abuse of process

Goldsmith & Tippett v AMP Life Ltd [2024] QCA 184 (1.10.24)

Rule 171 - striking out pleadings - no reasonable cause of action - examples - defamation

Stevens v Birtic [2024] QDC 160 (23.9.24)

Rule 208C - orders to ascertain identity or whereabouts of prospective defendant - historical context; preliminary discovery in equity

Marel Australia Pty Ltd v Buckmaster [2024] QSC 218 (19.9.24)

Rule 208D - orders for preliminary disclosure - applicant may have right to relief against prospective defendant - rule not available when proceedings already commenced

Marel Australia Pty Ltd v Buckmaster [2024] QSC 218 (19.9.24)

Rule 125 - service outside Australia - when service allowed without leave - contract to be wholly or in part performed in Australia

Gold Ridge Mining Limited v AIG Australia Limited [2024] QSC 217 (13.9.24)

Rule 127 - service outside Australia - court's discretion whether to assume jurisdiction - inappropriate forum

Gold Ridge Mining Limited v AIG Australia Limited [2024] QSC 217 (13.9.24)

Rule 173 - set off - judgment for balance - pleading requirements

Colormode Pty Ltd v Civic Constrution Group Pty Ltd [2024] QDC 148 (13.9.24)

Rule 681 - general rule about costs - departure from general rule - illustrations - public interest - application to set aside election result

Sanders v ECQ (No 2) [2024] QSC 215 (9.9.24)

Rule 681 - general rule about costs - departure from general rule - summary judgment applications - contrast with applications for permanent stay

Drummond v Davidson; Drummond v National Trade & Finance Co Pty Ltd as trustee for the Monaghan Property Trust (No 2) [2024] QSC 207 (6.9.24)

Rule 672 - discretionary factors for security for costs - other discretionary considerations - charitable status

Australian Anti Ice Campaign Pty Ltd v Alcohol and Drug Foundation Incorporated [2024] QCA 161 (3.9.24)

Rule 93 - litigation guardian of person under a legal incapacity - definitions - person with impaired capacity

Yerkovich v James [2024] QCA 159 (30.8.24)

Rule 109 -personal service - persons with impaired capacity - definition of "person with impaired capacity"

Yerkovich v James [2024] QCA 159 (30.8.24)

Rule 720 - procedure on assessment of costs - challenge to directions by costs assessor

Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc [2024] QSC 197 (29.8.24)

Rule 720 - procedure on assessment of costs - natural justice - privileged documents

Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc [2024] QSC 197 (29.8.24)

Link to Previous Case Updates

Other recent updates

• Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation 2024 (SL 4 of 2024). Included are amendments relating to: payments to witnesses who will give evidence by audio link or audio visual link from their place of employment, practice or residence; replacement of rr 980 and 981 with a new rule dealing with inspection and copying of documents on the court file; extending existing rules in relation to preliminary disclosure to the District Court and the Magistrates Courts; and amending r 660 (Order) to ensure that the rule reflects common practice.

• Supreme Court Practice Direction No 6 of 2024: Repeal of Practice Directions

• Supreme Court Practice Direction No 7 of 2024: Setting trial dates: Civil jurisdiction Brisbane

• Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (N0 2) 2024 (SL 204 of 2024). Rules 386 and 692 generally require that, unless otherwise ordered by the court, a party who amends a document must pay the costs of and caused by the amendment. The amendment regulation clarifies that the costs referred to are not assessed and recoverable until the proceeding ends, unless the court orders otherwise or the parties otherwise agree. 

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