Welcome to Elegals Litigator's Toolkit 
(Jackson and Pastellas)

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. 

What's New?

Subscribers are alerted to the following significant case updates

Rule 687 - exercise of discretion to fix costs - costs of party neither supporting nor opposing application

Aged & Disabled Persons Hostel and Welfare Association v Beenleigh Bowls & Recreation Club Inc (No 2) [2022] QSC 121 (14.6.2022)

Rule 685 - costs if further proceedings become unnecessary

Re Permewan No 2 [2022] QSC 114  (10.6.2022)

Rule 223 - court orders relating to disclosure - objective liklihood that duty of disclosure has not been complied with

Oranville Pty Ltd v Plum Property Pty Ltd [2022] QSC 119 (9.6.2022)

Rule 389A - restricting applications that are frivolous, vexatious, or abuse of court's process - multiple applications in existing proceeding

Deimel v Phelps [2022] QLC 6 (6.6.2022)

Rule 16 - application of rule - set aside originating process

Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd [2022] QSC 122 (3.6.2022)

Rule 171 - striking out pleadings - abuse of the process of the court

Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd [2022] QSC 122 (3.6.2022)

Rule 149 - statements in pleadings - material facts - examples - causation

The Corporation of the Franciscan Sisters of the Heart of Jesus (Qld) v FERM Engineering Pty Ltd [2022] QSC 102 (30.5.2022)

Rule 376 - amendment after limitation period - r376(4) - the same or substantially the same facts

Australian Golf Management Corporation Pty Limited v Logan City Council [2022] QCA 86 (20.5.2022)

Rule 697 - costs of proceeding in wrong court - relief could have been given in magistrates court

Toohey v Golder (No 2) [2022] QSC 93 (20.5.2022)

Rule 703 - indemnity basis of assessment - offers to settle - offers by defendant

Toohey v Golder (No 2) [2022] QSC 93 (20.5.2022)

Rule 22 - claim - relationship between claim and statement of claim

 Moreau v Moreau [2022] QSC 91 (18.5.2022)

Rule 149 - statements in pleadings - statement of relief claimed - relationship between claim and statement of claim

 Moreau v Moreau [2022] QSC 91 (18.5.2022)

Rule 166 - denials and nonadmissions - interaction with r168

Lillas & Loel Lawyers v Odlin [2022] QDC 107 (16.5.2022)

Rule 168 - deemed non-admission of allegations in final pleading

Lillas & Loel Lawyers v Odlin [2022] QDC 107 (16.5.2022)

Rule 389 - continuation of proceeding after delay - criteria to be considered in the exercise of discretion - prejudice

 Lillas & Loel Lawyers v Odlin [2022] QDC 107 (16.5.2022)

Link to Previous Case Updates

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.

Uniform Civil Procedure (Affidavits and Statutory Declarations) Amendment Rule 2022 (SL No 49 of 2022), 29.4.2022. The amending rule was made to accommodate the new ways that affidavits and statutory declarations can be made, signed and witnessed following the amendments made to the Oaths Act 1867 (Qld) by part 6 of the Justice and Other Legislation Amendment Act 2021 (Qld).

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