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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 90 - proceeding in business name if unregistered - use of the expression "trading as"
Pivovarova v Peter B Michelsen trading as Peter Michelsen Building Services [2020] QSC 258 (15.10.2021)
Rule 212 - documents to which disclosure does not apply - privileged documents - waiver of privilege
Lu v Fenson Legal Pty Ltd [2021] QDC 253 (15.10.2021)
Rule 245 - non-party disclosure - objection to disclosure - privilege
Lu v Fenson Legal Pty Ltd [2021] QDC 253 (15.10.2021)
Rule 681 - general rule about costs - when another order may be more appropriate - public interest
Career Employment Australia Ltd v Shepley (No 2) [2021] QSC 261 (13.10.2021)
Rule 212 - documents to which disclosure does not apply - no privilege for statements or reports of experts - draft expert reports disclosable
Landel Pty Ltd v Insurance Australia Ltd [2021] QSC 247 (11.10.2021)
Rule 423 - expert evidence - purposes of Part 5 - sole expert
Landel Pty Ltd v Insurance Australia Ltd [2021] QSC 247 (11.10.2021)
Rule 428 - evidence given by an expert - requirements for report - good practice when obtaining expert reports
Landel Pty Ltd v Insurance Australia Ltd [2021] QSC 247 (11.10.2021)
Rule 371 - Effect of failure to comply with rules - examples of irregularity - responding before filing consent to act as litigation guardian
National Injury Insurance Agency v Harrison [2021] QSC 253 (8.10.2021)
Rule 681 - general rule about costs - when another order may be more appropriate - departure from general rule - public interest
Carne v Crime and Corruption Commission No 2 [2021] QSC 241 (29.9.2021)
Rule 680 - entitlement to recover costs - self-represented litigants - generally
Baker v Dubickas (No 2) [2021] QDC 236 (27.9.2021)
Rule 188 - withdrawal of admission - rationale and application - admission of allegation of law
Logan v GBR Helicopters; Grand v GBR Helicopters; Murray v GBR Helicopters (No 2) [2021] QDC 239 (23.9.2021)
Rule 982 - referral to judge or magistrate
Allen v CGI Pty Ltd [2021] QDC 238 (20.9.2021)
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)
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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