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 110 - personal service on prisoner

Kumar v Ernst [2021] QCA 260 (30.11.2021)

Rule 389 - continuation of proceeding after delay - no requirement for personal service of notice of intention to proceed

Kumar v Ernst [2021] QCA 260 (30.11.2021)

Rule 62 - necessary parties - court order without application?

Tingalpa Tyre & Mechanical Pty Ltd v Onza Industries Pty Ltd [2021] QCA 252 (26.11.2021)

Rule 569 - judicial review - relief based on application for review if application made for statutory order for review

Sica v Attorney-General for the State of Queensland [2021] QSC 309 (26.11.2021)

Rule 39 - objection to, and change of, venue - change of venue by court order

Ryan v Dearden [2021] QCA 245 (12.11.2021)

Rule 376 - amendment after limitation period - r376(1) - "current at the date the proceeding was started"

Australian Golf Management Corporation Pty Ltd v Logan City Council [2021] QSC 291 (11.11.2021)

Rule 376 - amendment after limitation period - the same or substantially the same facts; interaction with r69; appropriate

Australian Golf Management Corporation Pty Ltd v Logan City Council [2021] QSC 291 (11.11.2021)

Rule 376 - amendment after limitation period - r376(1) - "relevant period of limitation"

Merker v Merker [2021] QSC 285 (9.11.2021)

Rule 379 - amendment generally - amendment may be disallowed 

Merker v Merker [2021] QSC 285 (9.11.2021)

Rule 703 - indemnity basis of assessment - offers to settle - offers by plaintiff - applicants claiming rehabilitation services under MAIA s 51

McIntyre v AAI Limited (No 2) [2021] QSC 286 (9.11.2021) 

Rule 212 - documents to which disclosure does not apply - legal professional privilege - advice privilege; in-house lawyers

Santos Limited v Fluor Australia Pty Ltd (No 3) [2021] QSC 281 (8.11.2021)

Rule 212 - documents to which disclosure does not apply - no privilege for statements or reports of experts

Santos Limited v Fluor Australia Pty Ltd (No 3) [2021] QSC 281 (8.11.2021)

Rule 212 - documents to which disclosure does not apply - waiver of privilege - general principles

Santos Limited v Fluor Australia Pty Ltd (No 3) [2021] QSC 281 (8.11.2021)

Rule 213 - privilege claim - affidavit by individual who "knows the facts giving rise to the claim"

Santos Limited v Fluor Australia Pty Ltd (No 3) [2021] QSC 281 (8.11.2021)

Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - other examples - leave to deliver interrogatories refused

 Braun v Hatzifotis [2021] QDC 263 (4.11.2021)

Rule 230 - granting of leave to deliver interrogatories - subject to an order of the court - other examples - defamation proceedings

Braun v Hatzifotis [2021] QDC 263 (4.11.2021)

Rule 427 - expert evidence - implications for costs orders

Sutton v Hunter (No 2) [2021] QSC 268 (22.10.2021)

Link to Previous Case Updates

Other recent updates

Uniform Civil Procedure (Fees) and other Legislation Amendment Regulation 2021[SL No 11 of 2021] was notified on 18.2.2021.  According to the Explanatory Note, this amending regulation was made "to remove duplication in the rules in relation to the amendment of pleadings following a request for trial date."

Principal Registrar (Supreme and District Courts) Approval 1 of 2020 (Electronic filing of documents under the UCPR) - updated 3.3.2021 under r975C(1)(b) to approval pdf as an electronic file format for sworn or affirmed documents filed electronically as an imaged document. 

District Court Practice Direction 7 of 2020 (13.8.2020)

Supreme Court Practice Direction 10 of 2020 Informal Wills / COVID-19 (22.4.2020)

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