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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 697 - costs of proceeding in wrong court - relief could have been given in magistrates court
Toohey v Golder (No 2) [2022] QSC 93 (20.05.2022)
Rule 703 - indemnity basis of assessment - offers to settle - offers by defendant
Toohey v Golder (No 2) [2022] QSC 93 (20.05.2022)
Rule 149 - statements in pleadings - clear meaning and expression - use of "and/or"
Rattenbury v Elstak [2022] QDC 99 (13.5.2022)
Rule 145 - Supreme Court Practice Direction No 18 of 2018 - implications when agreed list of issues for determination
O'Keefe v Zeaiter Holdings Pty Ltd [2022] QSC 86 (13.5.2022)
Rule 171 - striking our pleadings - no reasonable cause of action - examples - malicious prosecution
McEwan v The Commissioner of Taxation of the Australian Taxation Office [2022] QSC 81 (11.05.2022)
Rule 388 - mistakes in orders or certificates - application of rule - examples - mathematical error
Bosk v Burgess & QBE Insurance (Australia) Limited [2022] QSC 79 (9.05.2022)
Rule 702 - standard basis of assessment - examples - order/certification that two counsel "necessary or proper"?
Bosk v Burgess & QBE Insurance (Australia) Limited [2022] QSC 79 (9.05.2022)
Rule 16 - set aside originating process - abuse of process
Lewis v Minister for Police and Corrective Services [2022] QSC 70 (29.4.2022)
Rule 250 - inspection, detention and preservation of property - discretion
Aged and Disabled Persons Hostel & Welfare Association v Beenleigh Bowls & Recreation Club Inc [2022] QSC 71 (29.4.2022)
Rule 5 - Philosophy - application of rule - examples - settlement offers
Built Qld Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd (No 3) [2022] QSC 62 (22.4.2022)
Rule 684 - costs of question or part of proceeding
Built Qld Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd (No 3) [2022] QSC 62 (22.4.2022)
Rule 703 - indemnity basis of assessment - offers to settle - generally; onus of proof; "all up" offers; offers by defendant
Built Qld Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd (No 3) [2022] QSC 62 (22.4.2022)
Rule 367 - directions - orders which may be made - directions listed in r367(3)
Disley v Mount Emerald Wind Farm Pty Ltd (No 2) Pty Ltd [2022] QSC 54 (8.4.2022)
Rule 171 - striking our pleadings - application of rule - contemporary approach to pleading requirements/purpose - matter on Supervised case list
Devine Constructions Pty Ltd v Stowe Australia Pty Ltd [2022] QSC 51 (7.4.2022)
Rule 211 - Practice Direction No 18 of 2018 - Document plan and early exchange of critical documents
Golden Vision Gold Coast Pty Ltd v Orchid Avenue Pty Ltd [2022] QSC 49 (7.4.2022)
Rule 223 - court orders relating to disclosure - objective likelihood that duty of disclosure has not been complied with
Golden Vision Gold Coast Pty Ltd v Orchid Avenue Pty Ltd [2022] QSC 49 (7.4.2022)
Rule 671 - Prerequisites for security for costs - corporation unlikely to be able to pay defendant's costs - reason to believe
LPD Holdings Pty Ltd v Russells [2022] QSC 48 (6.4.2022)
Rule 671 - Prerequisites for security for costs - plaintiff ordinarily resident outside Australia - meaning of "ordinarily resident"
LPD Holdings Pty Ltd v Russells [2022] QSC 48 (6.4.2022)
Rule 673 - way security given - common forms of providing security
LPD Holdings Pty Ltd v Russells [2022] QSC 48 (6.4.2022)
Other recent updates
Uniform Civil Procedure (Preliminary Disclosure) Amendment Rule 2021 (SL 184 of 2021), 10.12.2021. The amendments inserted a new Chapter 7 Part 1 to introduce a procedure for preliminary disclosure orders in the Supreme Court.
Uniform Civil Procedure (Expert Evidence) Amendment Rule 2022 (SL 23 of 2022), 18.3.2022. The amendment substituted the previous Part 5 of Chapter 11 (Expert Evidence) with a new Part 5. The amendment removes the express preference for the use of a single expert due to its disuse in practice. It also provides a broad direction-making power for the court in matters relating to expert evidence.
Uniform Civil Procedure (Access to Exhibits) Amendment Rule 2022 (SL 24 of 2022), 18.3.2022. The amendment introduced a new part 9 (Access to exhibits) into Chapter 11 to address what was viewed as a gap in the UCPR regarding access to exhibits, as identified in the decision in Brose v Baluskas (No 8) [2020] QDC 98. The new part provides rules enabling a party or a non-party to apply for access to exhibits for the purposes of inspecting, copying or photographing an exhibit tendered during a proceeding.
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