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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 250 - Inspection of property - discretion
Tyndall v Kestrel Coal Pty Ltd [2020] QSC 56 (31.3.2020)
Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - joinder of parties
Courtney v Pinnacle Media Group Ltd [2020] QSC 50 (27.3.2020)
Rule 69 - including, substituting or removing party - "desirable, just and convenient"
Courtney v Pinnacle Media Group Ltd [2020] QSC 50 (27.3.2020)
Rule 70 - procedure for inclusion of party - service
Courtney v Pinnacle Media Group Ltd [2020] QSC 50 (27.3.2020)
Rule 27 - applications - service requirements not met
Heritage Bank Limited v Gleeson (No 2) [2020] QDC 36 (18.3.2020)
Rule 16 - setting aside originating process - scope of rule - procedure; application of rule - set aside originating process
Palmer v Magistrates Court of Queensland [2020] QCA 47 (17.3.2020)
Rule 16 - setting aside originating process - application of rule - another order the court considers appropriate
Bendigo and Adelaide Bank Limited v Scriven [2020] QSC 43 (13.3.2020)
Rule 144 - conditional notice of intention to defend - irregularity; procedure after filing conditional notice of intention to defend
Bendigo and Adelaide Bank Limited v Scriven [2020] QSC 43 (13.3.2020)
Rule 681 - general rule about costs - when another order may be more appropriate - costs to follow event - illustrations
Campbell v TL Clacher No 2 Pty Ltd [2020] QSC 35 (9.3.2020)
Rule 700 - costs of proceeding generally - trustee - subject to order to the contrary
Campbell v TL Clacher No 2 Pty Ltd [2020] QSC 35 (9.3.2020)
Rule 700A - costs of proceeding generally - estates of deceased persons and trusts - offers to settle
Campbell v TL Clacher No 2 Pty Ltd [2020] QSC 35 (9.3.2020)
Rule 245 - non-party disclosure - objection to disclosure - expense and inconvenience; confidentiality
Murphy Operator Pty Ltd v Gladstone Ports Corporation (No 5) [2020] QSC 36 (6.3.2020)
Rule 245 - non-party disclosure - objection to disclosure - lack of relevance
Murphy Operator Pty Ltd v Gladstone Ports Corporation (No 5) [2020] QSC 36 (6.3.2020)
Rule 69 - parties and proceedings - whether liquidator of company a proper party to claims by company in liquidation
Hambleton v Idec Solutions Pty Ltd [2020] QDC 17 (5.3.2020)
Rule 671 - prerequisites for security for costs - burden of proof
Hambleton v Idec Solutions Pty Ltd [2020] QDC 17 (5.3.2020)
Rule 671 - prerequisites for security for costs - multiple plaintiffs
Hambleton v Idec Solutions Pty Ltd [2020] QDC 17 (5.3.2020)
Recent legislative updates
Uniform Civil Procedure (Service Outside Australia) Amendment Rule 2019 [SL 50 of 2019] (issued 19/04/2019) (replacing ch 4 pt 7 div 1)
Uniform Civil Procedure (Commercial Arbitration) Amendment Rule 2019 [SL 49 of 2019] (issued 19/04/2019) (inserting new Chapter 9A to incorporate harmonised rules for international and domestic commercial arbitration originating from the Council of Chief Justices’ Rules Harmonisation Committee.)
Uniform Civil Procedure (Referees) Amendment Rule 2019 [SL No 135 of 2019] (issued 12/07/2019) (replacing rules 501-505 in Chapter 13) The aim of the amendments is to increase the use of referees in Queensland.
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