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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 416 - setting aside subpoena - oppression/abuse of process - improper purpose
Zabusky v Virgtel Limited [2022] QCA 134 (1.8.2022)
Rule 717 - assessment - issue or question arising - question referred to court unsuitable for referral
Courtney v Chalfen (No 2) QSC 142 (1.8.2022)
Rule 128 - service outside Australia - notice to person served outside Australia
Pilling v Shajahan Karim LLB [2022] QDC 167 (29.7.2022)
Rule 129B - service outside Australia - leave to proceed if no notice of intention to defend
Pilling v Shajahan Karim LLB [2022] QDC 167 (29.7.2022)
Rule 129F - service outside Australia - when service allowed without leave - contract having nexus with Queensland
Pilling v Shajahan Karim LLB [2022] QDC 167 (29.7.2022)
Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - slip rule
Australia and New Zealand Banking Group Limited v Twining [2022] QDC 158 (15.7.2022)
Rule 388 - mistakes in orders or certificates - effect to be given to overriding purpose of rules (r5)
Australia and New Zealand Banking Group Limited v Twining [2022] QDC 158 (15.7.2022)
Rule 705 - costs statement - costs orders on indemnity basis - need to provide costs agreement?
Kickbush v Lehane [2022] QDC 166 (14.7.2022)
Rule 673 - security for costs - way security given - common forms of providing security - undertaking to court
Nightowl Properties Pty Ltd v BDR No 3 Pty Ltd [2022] QSC 143 (8.7.2022)
Rule 370 - directions - failure to attend - orders - dismissal of proceeding
Kleeman v the Star Entertainment Group Limited [2022] QCA 119 (5.7.2022)
Other recent updates
Uniform Civil Procedure (Preliminary Disclosure) Amendment Rule 2021 (SL 184 of 2021), 10.12.2021. The amendments inserted a new Chapter 7 Part 1 to introduce a procedure for preliminary disclosure orders in the Supreme Court.
Uniform Civil Procedure (Expert Evidence) Amendment Rule 2022 (SL 23 of 2022), 18.3.2022. The amendment substituted the previous Part 5 of Chapter 11 (Expert Evidence) with a new Part 5. The amendment removes the express preference for the use of a single expert due to its disuse in practice. It also provides a broad direction-making power for the court in matters relating to expert evidence.
Uniform Civil Procedure (Access to Exhibits) Amendment Rule 2022 (SL 24 of 2022), 18.3.2022. The amendment introduced a new part 9 (Access to exhibits) into Chapter 11 to address what was viewed as a gap in the UCPR regarding access to exhibits, as identified in the decision in Brose v Baluskas (No 8) [2020] QDC 98. The new part provides rules enabling a party or a non-party to apply for access to exhibits for the purposes of inspecting, copying or photographing an exhibit tendered during a proceeding.
Uniform Civil Procedure (Affidavits and Statutory Declarations) Amendment Rule 2022 (SL No 49 of 2022), 29.4.2022. The amending rule was made to accommodate the new ways that affidavits and statutory declarations can be made, signed and witnessed following the amendments made to the Oaths Act 1867 (Qld) by part 6 of the Justice and Other Legislation Amendment Act 2021 (Qld).
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