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 39 - change of venue by court order
Frasson v Frasson [2020] QSC 171 (12.6.2020)
Rule 968 - filing documents personally - when document filed
CPR Solutions Mackay Pty Ltd v Zammit Earthmoving Pty Ltd [2020] QSC 165 (11.6.2020)
Rule 681 - general rules about costs - success on some issues
Wagners Cement Pty Ltd v Boral Resources (Qld) Pty Ltd (No 2) [2020] QSC 163 (10.6.2020)
Schedule 1 - the scale of costs - Supreme and District Court - costs guidelines - solicitor's care and conduct
Cartner Capner Law v Clift [2020] QCA 125 (9.6.2020)
Rule 24 - duration and renewal of claim - "good reason to renew the claim"; renewal after expiration of limitation period
Wallace v Bendigo and Adelaide Bank Limited [2020] QCA 122 (5.6.2020)
Rule 171 - striking out pleadings - no reasonable cause of action or defence - no reasonable ground of defence - examples
North Queensland Pipeline No 1 Pty Ltd v QN1 Resources Pty Ltd [2020] QSC 158 (5.6.2020)
Rule 429G - appointment of experts - no agreement - court appointment on application - application premature
Mishpocha Pty Ltd v Typepower Marketing (Qld) Limited [2020] QSC 153 (1.6.2020)
Rule 981 - searches - application to exhibits?
Brose v Baluskas (No 8) [2020] QDC 98 (29.5.2020)
Rule 681 - when another order may be more appropriate - successful party seeking indulgence - relief against forfeiture
Hookey v Whitelaw [2020] QSC 147 (29.5.2020)
Rule 428 - evidence given by an expert - requirements for report - all material facts, whether written or oral
Peebles v Workcover Queensland [2020] QSC 106 (27.5.2020)
Rule 150 - matters to be specifically pleaded - knowledge; inferences
Hookey v Manthey [2020] QSC 125 (21.5.2020)
Rule 94 - persons under a legal incapacity - who may be ligation guardian - generally - no conflict of interest
Wheatley v The Public Trustee of Queensland as Litigation Guardian of BBJ [2020] QDC 84 (15.5.2020)
Rule 95 - persons under a legal incapacity - appointment, removal or substitution by court
Wheatley v The Public Trustee of Queensland as Litigation Guardian of BBJ [2020] QDC 84 (15.5.2020)
Rule 31 - applications in a proceeding - time for service - not applicable to application for judgment under r288
Shannon v Simmons [2020] QSC 115 (13.5.2020)
Rule 288(2) - seeking judgment for declaratory relief - service of application not required
Shannon v Simmons [2020] QSC 115 (13.5.2020)
Rule 489 - decision without oral hearing
Shannon v Simmons [2020] QSC 115 (13.5.2020)
Other recent updates
Uniform Civil Procedure (Referees) Amendment Rule 2019 [SL No 135 of 2019] (issued 12/07/2019) (replacing rules 501-505 in Chapter 13) The aim of the amendments is to increase the use of referees in Queensland.
Supreme Court Practice Direction No 4 of 2020 (Case Flow Management - Civil Jurisdiction) (issued 3/3/2020). The Practice Direction repeals and replaces Practice Direction No 17 of 2012.
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