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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 18 - representative details required - applies to proceeding by or against trustee in that capacity
LM Investment Management Pty Ltd (in liq) v Ernst & Young [2019] QSC 246 (4.10.2019)
Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - opportunity to present case; expert evidence
Sanrus v Monto Coal 2 Pty Ltd (No 7) [2019] QSC 241 (27.9.2019)
Rule 149 - statements in pleadings - examples - causation; purpose of pleadings - parties confined to case pleaded
Sanrus v Monto Coal 2 Pty Ltd (No 7) [2019] QSC 241 (27.9.2019)
Rule 427 - expert evidence - purpose of rule; discretion informed by rule 5
Sanrus Pty Ltd v Monto Coal 2 Pty Ltd [2019] QSC 241 (27.9.2019)
Rule 703 - indemnity basis of assessment - general principles
Tisdall v Omeros [2019] QSC 236 (23.9.2019)
Rule 703 - indemnity basis of assessment - ulterior motive - speculative nature of proceedings did not justify costs on indemnity basis
Tisdall v Omeros [2019] QSC 236 (23.9.2019)
Rule 103 - service after 4:00pm - no application to proceedings under Corporations Law
SGR Pastoral Pty Ltd v Christensen [2019] QSC 226 (13.9.2019)
Rule 105 - when personal service required - not relevant to application under s459G of the Corporations Act 2001 (Cth)
SGR Pastoral Pty Ltd v Christensen [2019] QSC 226 (13.9.2019)
Rule 161 - application for particulars - court may decline to order particulars until after disclosure
Kimberley College Ltd v Thomson [2019] QSC 227 (11.9.2019)
Rule 681 - general rule about costs - when another order may be more appropriate - family provision applications
MacGowan v Klatt [2019] QSC 222 (11.9.2019)
Rule 95 - appointment of litigation guardian - appointment, removal or substitution by court
King v Fister [2019] QSC 217 (9.9.2019)
Rule 681 - general provision about costs - costs of legal practitioner conducting own case - Chorley exception not part of common law in Australia
Bell Lawyers Pty Ltd v Pentelow [2009] HCA 29 (4.9.2019)
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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