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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 184 - counterclaims - judgment for balance - interaction with offers to settle
Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2020] QSC 1 (31.1.2020)
Rule 681 - general rule about costs - claim and counterclaim
Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2020] QSC 1 (31.1.2020)
Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - referral to referee; separate questions
McConnell Dowell Constructors (Aust) Pty Ltd v Cardno (Qld) Pty Ltd [2019] QSC 320 (20.12.2019)
Rule 16 - setting aside originating process - appeal proceeding struck out
State Gas Limited v Dome Petroleum Resources PLC [2019] QCA 307 (20.12.2019)
Rule 388 - mistakes in orders or certificates - application of rule - examples - rule applied to appeal to District Court under Justices Act 1886, s 222
Baker v Smith (No 3) [2019] QDC 267 (20.12.2019)
Rule 700A - costs of a proceeding generally - estates of deceased persons and trusts - offers to settle
Menzies v Menzies (No 2) [2019] QDC 268 (20.12.2019)
Rule 681 - costs orders against non-parties - legal practitioners - general principles
Thompson v Body Corporate for Arila Lodge [2019] QCA 296 (13.12.2019)
Rule 166 - denials and nonadmissions - rule does not effect an abrogation of privilege against self-incrimination or self-exposure to penalty
Connelly and Harris v McGrath [2019] QSC 304 (10.12.2019)
Rule 212 - documents to which disclosure does not apply - self-incrimination, penalty, forfeiture
Connelly and Harris v McGrath [2019] QSC 304 (10.12.2019)
Rule 117 - informal service
The Public Trustee of Queensland v Cole [2019] QSC 298 (6.12.2019)
Rule 371 - effect of failure to comply with rules - examples of irregularity
Orr v The Public Trustee of Queensland [2019] QDC 248 (6.12.2019)
Rule 489 - family provision claim - decision without oral hearing
Orr v The Public Trustee of Queensland [2019] QDC 248 (6.12.2019)
Rule 490 - procedural requirements not complied with - application heard notwithstanding
Orr v The Public Trustee of Queensland [2019] QDC 248 (6.12.2019)
Rule 681 - costs of legal practitioner conducting own case
Equititrust Limited (Receivers and Managers Appointed) (in Liquidation) v Tucker [2019] QSC 308 (4.12.2019)
Rule 5 - philosophy - application of rule - examples - exercise of discretion under r429N when court has appointed expert under r429G
Menegazzo v PricewaterhouseCoopers [2019] QSC 296 (2.12.2019)
Rule 429N - consequence of court appointment of expert - generally one expert only when court-appointed expert; when another expert may be appointed
Menegazzo v PricewaterhouseCoopers [2019] QSC 296 (2.12.2019)
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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