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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 127 - Court's discretion whether to assume jurisdiction - inappropriate forum
Courtney v Chalfen [2020] QCA 294 (18.12.2020)
Rule 417 - costs and expenses of complying with subpoena - successful party ought to be compensated by unsuccessful party for costs
Moreton Resources Ltd (in liq) v First Samuel Ltd [2020] QSC 381 (16.12.2020)
Rule 703 - indemnity basis of assessment - claim to indemnity costs based on contractual entitlement should be specified
Moreton Resources Ltd (in liq) v First Samuel Ltd [2020] QSC 381 (16.12.2020)
Rule 152 - spoken words and documents
Goldenwater LDL Pty Ltd v Kin Sun Chan [2020] QSC 358 (2.12.2020)
Rule 673 - security for costs - way security given - discretionary considerations - deed of indemnity
Adeva Home Solutions Pty Ltd v Queensland Motorways Management Pty Ltd [2020] QSC 361 (2.12.2020)
Rule 430 - contents of affidavit - applications for relief other than final relief
Palace v RCR O'Donnell Griffin Pty Ltd (in liq) [2020] QSC 354 (30.11.2020)
Rule 153 - allegation of performance of condition precedent implied - condition precedent to be distinguished from material fact
Jorgensen v Body Corporate for Cairns Central Plaza Apartments [2020] QDC 300 (26.11.2020)
Rule 156 - general relief
Jorgensen v Body Corporate for Cairns Central Plaza Apartments [2020] QDC 300 (26.11.2020)
Rule 27 - service of application - service requirements not met - case examples - conditions in r27(3) not satisfied
Mineralogy Pty Ltd v The State of Western Australia [2020] QSC 344 (25.11.2020)
Rule 211 - duty of disclosure - restrictions on use of disclosed documents - release of implied undertaking - release by court order
Beynon v Blackledge [2020] QDC 286 (13.11.2020)
Rule 377 - amendment of originating process
Combined Property Holdings Pty Ltd v Galea [2020] QSC 338 (6.11.2020)
Rule 672 - discretionary factors for security for costs - whether order would be oppressive/stifle the proceeding
Combined Property Holdings Pty Ltd v Galea [2020] QSC 338 (6.11.2020)
Rule 116 - substituted service - "impracticable"
Zurich Capital & Finance Pty Ltd v Williams [2020] QDC 277 (4.11.2020)
Rule 430 - contents of affidavit - applications for relief other than final relief, and because of default
Zurich Capital & Finance Pty Ltd v Williams [2020] QDC 277 (4.11.2020)
Rule 414 - power to issue subpoena - can a subpoena be used for production of documents pre-trial?
Cohen v Fealy [2020] QDC 271 (30.10.2020)
Rule 416 - setting aside subpoena - abuse of process; want of relevance
Cohen v Fealy [2020] QDC 271 (30.10.2020)
Rule 7 - extending and shortening time - discretionary
Jones Leach Lawyers Pty Ltd v Crosby (No 1) [2020] QMC 14 (29.10.2020)
Rule 742 - review by court - court's discretion on review
Jones Leach Lawyers Pty Ltd v Crosby (No 1) [2020] QMC 14 (29.10.2020)
Other recent updates
Supreme Court Practice Direction No 4 of 2020 (Case Flow Management - Civil Jurisdiction), issued 3.3.2020. This Practice Direction repeals and replaces Practice Direction No 17 of 2012.
Supreme Court Practice Direction No 8 of 2020 (Maximum hourly rate to be charged by court appointed assessors), issued 1.4.2020.
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