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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 681 - general rule about costs - departure from general rule - illustrations - deceased estates
Collins v Marinovich [2021] QSC 175 (27.7.2021)
Rule 681 - general rule about costs - departure from general rule - party appearing amicus curiae; applications for admissions to practice
Bax v Legal Practitioners Admissions Board [2021] QCA 152 (23.7.2021)
Rule 687 - assessed costs to be paid unless court orders otherwise - exercise of discretion to fix costs - interlocutory applications
Pott v Clayton Utz [2021] QSC 147 (21.7.2021)
Rule 134 - notice of intention to defend - application of ch 5 - no application when plaintiff is defendant by counterclaim
Lin v CNK Global Pty Ltd [2021] QSC 166 (21.7.2021)
Rule 982 - referral to judge or magistrate
Lin v CNK Global Pty Ltd [2021] QSC 166 (21.7.2021)
Rule 382 - procedure for amendment - methods of amending - statement of claim substituted
La Costa D Oro Pty Ltd v Karananos [2021] QSC 167 (20.7.2021)
Rule 720 - procedure on assessment
DM Wright & Associates v Murrell (No 2) [2021] QDC 141 (16.7.2021)
Rule 738 written reasons for decision - cost assessor's fee; nature and extent of reasons required
DM Wright & Associates v Murrell (No 2) [2021] QDC 141 (16.7.2021)
Schedule 1 - scale of costs - Supreme Court and District Court - drafting, producing, engrossing
DM Wright & Associates v Murrell (No 2) [2021] QDC 141 (16.7.2021)
Rule 389 - continuation of proceeding after delay - a 'step' in the proceeding - other examples - not a 'step'
Black & Black v De Waard & De Waard [2021] QDC 138 (15.7.2021)
Rule 189 - notice to admit facts or documents - withdrawal of admission - time allowed for response to notice to admit extended
Joyce v Gordon [2021] QDC 125 (25.6.2021)
Rule 161 - application for further and better particulars - confidentiality of particulars
Adani Mining Pty Ltd v Pennings [2021] QSC 162 (25.6.2021)
Rule 224 - relief from duty to disclose - other relevant considerations - confidentiality
Adani Mining Pty Ltd v Pennings [2021] QSC 162 (25.6.2021)
Rule 742 - review by court - success on review on question of law
Weisac Pty Ltd v Insurance Australia Ltd (No 4) [2021] QSC 156 (25.6.2021)
Rule 743A - assessment of costs under the Legal Profession Act 2007 - application for costs assessment - affidavit
Mishra v Bennett & Philp Pty Ltd [2021] QSC 158 (25.6.2021)
Rule 75 - representative party - "same interest"
Talbot v Boyd Legal (A Firm) [2021] QSC 157 (24.6.21)
Rule 75 - representative party - reconstitution of representative proceeding after commencement?
Talbot v Boyd Legal (A Firm) [2021] QSC 157 (24.6.21)
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.
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