Elegals Litigators Toolkit (Jackson & Pastellas)

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 672 - discretionary factors for security for costs - means of those standing behind proceedings - plaintiff a public company

DGR Global Ltd v P.T. Limited as trustee of the Armour Energy Security Trust [2025] QSC 5 (15.1.25)

Rule 269 - receivership generally - remuneration - determination of receiver's remuneration

Palmer v Palmer [2024] QCA 263 (20.12.24)

Rule 671 - prerequisite for security for costs - corporation unlikely to be able to pay defendant's costs - will be unable to pay - special levy on members required

Great Barrier Reef Yacht Club Villas Pty Ltd v Insurance Australia Ltd [2024] QSC 320 (20.12.24)

Rule 672 - discretionary factors for security for costs - means of those standing behind proceedings; prospects of success/genuineness of proceeding 

Great Barrier Reef Yacht Club Villas Pty Ltd v Insurance Australia Ltd [2024] QSC 320 (20.12.24)

Rule 672 - discretionary factors for security for costs - amount of security

Great Barrier Reef Yacht Club Villas Pty Ltd v Insurance Australia Ltd [2024] QSC 320 (20.12.24)

Rule 15 - registrar may refer issue of originating process to court - leave of the court - court's approach on application for leave

SYO v CMQ [2024] QSC 324 (18.12.24)

Rule 690 - lawyer's delay or neglect - application for appeal doomed to fail - insufficient evidence to justify finding of misconduct or negligence

Holman v Campbell [No 2] [2024] QCA 259 (17.12.24)

Rule 24 - duration and renewal of claim - plaintiff deliberately refraining from serving proceeding to await decision in another case - no "good reason" to renew claim

Workcover Queensland v Lismore City Council [2024] QSC 292 (13.12.24)

Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - disclosure requirements

Surie v MacDonald [2024] QCA 254 (13.12. 24)

Rule 211 - duty of disclosure - direct relevance - meaning generally - to be interpreted consistent with purpose of rules expressed in r5

Surie v MacDonald [2024] QCA 254 (13.12. 24)

Rule 272 - receivership generally - powers - special remedy to be exercised with caution - court not persuaded that receivers should be appointed

Hinrichsen v Hinrichsen Pastoral Co Pty Ltd  [2024] QSC 314 (13.12.24)

Rule 703 - indemnity basis of assessment - criteria for assessing costs on indemnity basis - proceeding in Magistrates Court - proportionality

Credit Corp Services Pty Ltd v Shahi [2024] QMC 25 (12.12.24)

Rule 98 - Settlements and Compromises - settlement sanctioned by Magistrates Court - Supreme Court Practice Direction complied with

 Bryden (by His Litigation Guardian Sarah Bryden) v INA Operations Pty Ltd Trust No 4 (t/a Igenia Holidays Riverhouse) [2024] QMC 23 (9.12.24)

Rule  683 - costs in proceeding before Magistrates Court - amount of costs may be fixed - costs fixed on indemnity basis.

Icon Office Solutions Australia Pty Ltd as Trustee of the Brodie Family Trust v Hughes [2024] QMC 24 (9.12.24)

Rule 683 - costs in proceeding before Magistrates Court - when costs to be assessed

Peak Physique Franchisor Group Pty Ltd v Gravity Rebellion Pty Ltd [2024] QMC 22 (9.12.24)

Rule 171 - striking out pleadings - no reasonable cause of action - conspiracies, tortious intimidation, inducing breach of contract; pleading of causation and loss

Adani Mining Pty Ltd v Pennings [2024] QSC 302 (6.12.24)

Rule 687 - assessed costs to be paid unless court orders otherwise - exercise of discretion to fix costs

Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc (No 3) [2024] QSC 303 (5.12.24)

Rule 697 - relief could have been given in district court - complex statutory construction arguments - costs not to be assessed on District Court scale 

Eaves v Dr Allan J Bond & Associates Pty Ltd (No 2) [2024] QSC 299 (2.12.24)

Rule 75 - representative party - "same interest" - injunctive relief granted to restrain development of land 

Ducksbury v Cairns Plywood Pty Ltd [2024] QSC 296 (28.11.24) 

Link to Previous Case Updates

Other recent updates

• Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No 2) 2024 (SL 204 of 2024). Rules 386 and 692 generally require that, unless otherwise ordered by the court, a party who amends a document must pay the costs of and caused by the amendment. The amendment regulation clarifies that the costs referred to are not assessed and recoverable until the proceeding ends, unless the court orders otherwise or the parties otherwise agree. 

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