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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 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)
Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - re-opening case to adduce further evidence
Davies v Davies (No 1) [2019] QSC 293 (29.11.2019)
Rule 24 - duration and renewal of claim - "good reason" to renew the claim - Registrar's order renewing claim set aside
Quinlivan v Konowalous [2019] QSC 285 (22.11.2019)
Rule 250 - inspection of property - discretion - enforcement proceedings in Planning and Environment Court - application for order nunc pro tunc
Serratore v Noosa Shire Council [2019] QPEC 57 (20.11.2019)
Rule 681 - general rule about costs - when another order may be more appropriate - offer to settle, made outside rules of court
Binaray Pty Ltd as Trustee for the Allen Family Trust v Rams Financial Group Pty Limited [2019] QSC 280 (19.11.2019)
Rule 5 - overriding obligations of parties and court - application of rule - application to extend time specified in trial plans for submissions
Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 9) [2019] QSC 278 (18.11.2019)
Rule 743B - assessment of costs under the Legal Profession Act 2007 - if recovery proceedings started
Murdock v Sterling Law (Qld) Pty Ltd [2019] QDC 226 (11.11.2019)
Rule 743C - assessment of costs under the Legal Profession Act 2007 - court may direct preparation of itemised bill
Murdock v Sterling Law (Qld) Pty Ltd [2019] QDC 226 (11.11.2019)
Rule 378 - amendment before request for trial date - Land Court
Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd (No 21) [2019] QLC 41 (8.11.2019)
Recent legislative updates
Uniform Civil Procedure (Service Outside Australia) Amendment Rule 2019 [SL 50 of 2019] (replacing ch 4 pt 7 div 1) (issued 19/04/2019)
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.)
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