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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 95 - appointment of litigation guardian - liability for costs
Shepherd v Nominal Defendant (No 2) [2020] QSC 228 (29.7.2020)
Rule 14 - proceeding incorrectly started by application - proceeding to continue as if started by claim
Brooke v Bauer [2020] QDC 165 (17.7.2020)
Rule 162 - striking out particulars
Somerset Civil Pty Ltd v Sugarbag Road Pty Ltd [2020] QSC 203 (2.7.2020)
Rule 247 - non-party disclosure - court's decision about objection
Somerset Civil Pty Ltd v Sugarbag Road Pty Ltd [2020] QSC 203 (2.7.2020)
Rule 171 - striking out pleadings - no reasonable cause of action - examples - causation
Chan v MacArthur Minerals Limited [2020] QCA 143 (30.6.2020)
Rule 16 - setting aside originating process - stay a proceeding; submission to jurisdiction
Courtney v Chalfen [2020] QSC 195 (26.6.2020)
Rule 125 - ordinary service outside Australia - when service allowed without leave - tortious act or omission; "damage" to be construed broadly
Courtney v Chalfen [2020] QSC 195 (26.6.2020)
Rule 125 - ordinary service outside Australia - when service allowed without leave - multiple claims
Courtney v Chalfen [2020] QSC 195 (26.6.2020)
Rule 126 - ordinary service outside Australia - when service allowed with leave - matters to be established
Courtney v Chalfen [2020] QSC 195 (26.6.2020)
Rule 127 - court's discretion whether to assume jurisdiction - inappropriate forum; residual discretion
Courtney v Chalfen [2020] QSC 195 (26.6.2020)
Rule 681 - general rule about costs - departure from general rule - illustrations - judicial review applications
Reihana v Beenleigh Show Society (No 2) [2020] QSC 194 (26.6.2020)
Rule 681 - general rule about costs - departure from general rule - illustrations - other examples
CPR Solutions Mackay Pty Ltd v Zammit Earthmoving Pty Ltd (No 2) [2020] QSC 197 (26.6.2020)
Rule 672 - discretionary factors for security for costs - amount of security
Murphy Operator v Gladstone Ports Corporation (No 6) [2020] QSC 192 (25.6.2020)
Rule 673 - security for costs - way security given - discretionary considerations; deed of indemnity
Murphy Operator v Gladstone Ports Corporation (No 6) [2020] QSC 192 (25.6.2020)
Other recent updates
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.
Supreme Court Practice Direction No 4 of 2020 (Case Flow Management - Civil Jurisdiction) (issued 3/3/2020). The Practice Direction repeals and replaces Practice Direction No 17 of 2012.
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