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 149 - statements in pleadings - material facts - examples - causation

Sedgwick Australia Pty Ltd v JLOC Super Pty Ltd [2024] QCA 218 (12.11.24)

Rule 388 - mistakes in orders or certificates - application of rule - examples - error in order for contribution

Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [No 2] [2024] QCA 220 (12.11.24)

Rule 703 - indemnity basis of assessment - criteria for assessing costs on the indemnity basis - Interaction with Workers' Compensation and Rehabilitation Regulation 2014

Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [No 2] [2024] QCA 220 (12.11.24)

Rule 171 - striking out pleadings - inherent jurisdiction; summary determination of proceeding - novel or unusual cause of action in tort

Sedgwick Australia Pty Ltd v JLOC Super Pty Ltd [2024] QCA 218 (12.11.24)

Rule 982 - referral to judge or magistrate - enforcement warrant - issues concerning post-judgment interest and recovery of all enforcement costs

Deputy Commissioner of Taxation v Lewis [2024] QDC 192 (7.11.24)

Rule 16 - setting aside originating process - application of rule - want of jurisdiction

Sportec Pty Ltd v Leatherman Tool Group Inc [2024] QDC 188 (1.11.24)

Rule 144 - conditional notice of intention to defend - grounds - want of jurisdiction - challenge to personal jurisdiction of the court over the defendant

Sportec Pty Ltd v Leatherman Tool Group Inc [2024] QDC 188 (1.11.24)

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 5 - philosophy - overriding obligations of parties and court - sanction as to costs 

Timberwall Planting Pty Ltd v Forrester [2024] QSC 254 (25.10.24) 

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)

Link to Previous Case Updates

Other recent updates

• 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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