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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 703 - indemnity basis of assessment - agreement specifies indemnity costs - generally
Peter Carter Transport Pty Ltd v Swansway No 2 Pty Ltd [2021] QDC 109 (18.6.2021)
Rule 703 - indemnity basis of assessment - offers to settle - offers by defendant - class action proceeding
Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2021] QSC 132 (7.6.2021)
Rule 388 - mistakes in orders or certificates - application of rule - examples - costs orders
Pivovarova v Michelsen [2021] QCA 124 (4.6.2021)
Rule 194 - filing third party notice - discretion on application for leave to file third party notice
Logan v GBR Helicopters; Grant v GBR Helicopters; Murray v GBR Helicopters [2021] QDC 91 (28.5.2021)
Rule 703 - indemnity basis of assessment - offers to settle - offers by defendant
Ausipile Pty Ltd v Bothar Boring and Tunnelling (Australia) Pty Ltd [2021] QSC 122 (28.5.2021)
Rule 72 - party becomes person with impaired capacity during proceeding - proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003
Attorney-General for the State of Queensland v SLS [2021] QSC 111 (24.5.2021)
Rule 72 - party becomes person with impaired capacity during proceeding - proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003
Attorney-General for the State of Queensland v FPN [2021] QSC 110 (24.5.2021)
Rule 212 - documents to which disclosure does not apply - without prejudice communications - marking of documents: "without prejudice"
Habermann v Cook Shire Council [2021] QSC 101 (14.5.2021)
Rule 212 - documents to which disclosure does not apply - waiver of privilege - illustrations - no waiver of privilege
Habermann v Cook Shire Council [2021] QSC 101 (14.5.2021)
Rule 223 - Court orders relating to disclosure - prerequisites for disclosure orders specified under r 223(4) - special circumstances and the interests of justice
Habermann v Cook Shire Council [2021] QSC 101 (14.5.2021)
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 204 - extent third party bound by judgment between plaintiff and defendant - application to defendant by counterclaim?
Tycho Pty Ltd v Trustworthy Nominees Pty Ltd [2021] QSC 95 (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 149 - statements in pleadings - surprise
Chan v Gondenwater LDL Pty Ltd [2021] QCA 87 (4.5.2021)
Rule 152 - spoken words and documents
Chan v Gondenwater LDL Pty Ltd [2021] QCA 87 (4.5.2021)
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)
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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