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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 24 - duration and renewal of claim - "good reason" to renew the claim; renewal after expiration of limitation period
Murdoch Lawyers Pty Ltd v Gouldson [2021] QSC 96 (7.5.2021)
Rule 981 - searches - right to search or inspect court file; principles of open justice
Emanate Legal Services Pty Ltd v Hood [2021] QCA 94 (7.5.2021)
Rule 117 - informal service
Cardillo v Moreton Bay Trailer Boat Club Incorporated [2021] QDC 75 (5.5.2021)
Rule 720 - procedure on assessment - natural justice - actual or apprehended bias
DM Wright & Associates v Murrell [2021] QDC 93 (5.5.2021)
Rule 250 - inspection, detention and preservation of property - preconditions for grant of order; discretion
Wilsons Ceramics Pty Ltd v Pantaenius Australia Pty Ltd [2021] QDC 74 (4.5.2021)
Rule 149 - statements in pleadings - material facts - examples - causation
Alexanderson Earthmover Pty Ltd v Civil Mining & Construction Pty Limited [2021] QSC 86 (29.4.2021)
Rule 422B - subpoenas - objecting to inspection of particular documents and things produced
Aronis v Aronis [2021] QSC 87 (29.4.2021)
Rule 149 - statements in pleadings - conclusion of law
Dunlop v Body Corporate for Port Douglas Queenslander CTS 886 [2021] QSC 85 (27.4.2021)
Rule 703 - indemnity basis of assessment - offers to settle - generally; offers by defendant
Barboza v Blundy [2021] QSC 82 (23.4.2021)
Rule 703 - indemnity basis of assessment - agreement specifies indemnity costs - plaintiff's costs of application reserved
The Star Entertainment Qld Limited v Wong [2021] QSC 81 (23.4.2021)
Rule 702 - standard basis of assessment - examples - whether two counsel "necessary or proper"
Wiesac Pty Ltd v Insurance Australia Ltd (No 3) [2021] QSC 69 (16.4.2021)
Rule 738 - written reasons for decision - no reasons requested
Wiesac Pty Ltd v Insurance Australia Ltd (No 3) [2021] QSC 69 (16.4.2021)
Rule 79 - multiple proceedings - sequence of hearings
Somerset Civil Pty Ltd v Eaglerise Developments Pty Ltd; Eaglerise Developments Pty Ltd v Somerset Civil Pty Ltd [2021] QDC 70 (15.4.2021)
Rule 414 Power to issue subpoena - can a subpoena be used for production of documents pre-trial? - generally
Cohen v Fealy [2001] QCA 72 (15.4.2021)
Other recent updates
Supreme Court Practice Direction No 8 of 2020 (Maximum hourly rate to be charged by court appointed assessors), issued 1.4.2020.
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.
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