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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 388 - amending orders or certificates - mistakes in orders or certificates - application of rule - examples - order in favour of wrong party
Broadbent v Medical Board of Australia [2021] QDC 189 (17.9.2021)
Rule 673 - way security given - discretionary considerations; deed of indemnity
Adeva Home Solutions Pty Ltd v Queensland Motorways Management Pty Ltd [2021] QCA 198 (17.9.2021)
Rule 211 - duty of disclosure - direct relevance - meaning generally
Mishpocha Pty Ltd v Tyrepower Marketing (Qld) Limited (No 2) [2021] QSC 234 (13.9.2021)
Rule 223 - court orders relating to disclosure - court order as to delivery, production or inspection
Mishpocha Pty Ltd v Tyrepower Marketing (Qld) Limited (No 2) [2021] QSC 234 (13.9.2021)
Rule 223 - court orders relating to disclosure - prerequisites for disclosure orders specified under r223(4) - generally; objective likelihood that disclosure duty has not been complied with
Mishpocha Pty Ltd v Tyrepower Marketing (Qld) Limited (No 2) [2021] QSC 234 (13.9.2021)
Rule 430 - contents of affidavit - applications for relief other than final relief, and because of default - contempt proceedings
Freeman v Montgomery [2021] QDC 210 (9.9.2021)
Rule 684 - costs of question or part of proceeding
Corestaff NT Pty Ltd v Insurance Australia Ltd (No 2) [2021] QSC 226 (3.9.2021)
Rule 681 - when another costs order may be more appropriate - successful party seeking indulgence - application to extend limitation period not an "indulgence"
Heathcote v Oaky Creek Coal Pty Ltd (No 2) [2021] QSC 218 (27.8.2021);
Wilson v Mackay Hospital and Health Service (No 2) [2021] QSC 214 (25.8.2021)
Rule 367 - directions - orders which may be made - other directions - examples - party to provide affidavits relevant to conduct of proceeding
Challis v Ford Motor Company of Australia Pty Ltd [2021] QDC 177 (13.8.2021)
Rule 930 - prison sentence for contempt - relevant factors considered
Queensland Building and Construction Commission v Van Uden (No 2) [2021] QDC 162 (13.8.2021)
Rule 703 - indemnity basis of assessment - indemnity costs payable out of fund
RIS v DOL (No 2) [2021] QDC 157 (13.8.2021)
Rule 663 - requirement to deliver reasons - order set aside because no reasons provided by Magistrate
Manikis v Byrne [2021] QDC 185 (13.8.2021)
Rule 869(1) - considerations for instalment order - instalment order set aside - time to repay not reasonable - not consistent with public interest
Manikis v Byrne [2021] QDC 185 (13.8.2021)
Rule 211 - duty of disclosure - restrictions on use of disclosed documents - implied undertaking
Sherman v Lamb [2021] QDC 192 (12.8.2021)
Rule 430 - contents of affidavit - statements based on information and belief
Perpetual Trustees Victoria Limited v Hogan [2021] QDC 181 (12.8.2021)
Rule 681 - costs orders against non-parties - liquidators, receivers, company directors
Dwyer v Nel [2021] QCA 165 (10.8.2021)
Rule 389 - continuation of proceeding after delay - criteria to be considered in exercise of discretion - generally; whether claims statute-barred
Otis Elevator Company Pty Ltd v Drane [2021] QCA 160 (6.8.2021)
Rule 416 - setting aside subpoena - improper purpose
Bendigo and Adelaide Bank Ltd v Prichard [2021] QSC 179 (6.8.2021)
Other recent updates
Uniform Civil Procedure (Fees) and other Legislation Amendment Regulation 2021[SL No 11 of 2021] was notified on 18.2.2021. According to the Explanatory Note, this amending regulation was made "to remove duplication in the rules in relation to the amendment of pleadings following a request for trial date."
Principal Registrar (Supreme and District Courts) Approval 1 of 2020 (Electronic filing of documents under the UCPR) - updated 3.3.2021 under r975C(1)(b) to approval pdf as an electronic file format for sworn or affirmed documents filed electronically as an imaged document.
District Court Practice Direction 7 of 2020 (13.8.2020)
Supreme Court Practice Direction 10 of 2020 Informal Wills / COVID-19 (22.4.2020)
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