(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. There is also a comparative table for each rule (comparing the Uniform Rule with the previous rules in the Magistrates, District and Supreme Courts) and an explanation of the changes effected by the Uniform Civil Procedure Rules.

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 703 - indemnity basis of assessment - ulterior motive/wilful disregard of known facts - indemnity costs ordered against plaintiff

Day v Woolworths Limited (No 2) [2009] QSC 93 (9.4.2019)

Rule 703 - indemnity basis of assessment - agreement specifies indemnity costs - terms of security deed extend to costs of defending counterclaim

Pioneer Australia Pty Ltd v Quinn [2019] QSC 82 (2.4.2019)

Rules 261A & 261B - search orders - non-disclosure of facts on ex parte application - no risk of destruction of documents - just because documents obtained through search order not sufficient to justify search order obtained through non-disclosure

Berg Engineering Pty Ltd v Tivity Solutions Pty Ltd [2019] QSC 68 (26.3.2019)

Rule 703 - Indemnity basis of assessment - ulterior motive/wilful disregard of known facts

 BDO Corporate Finance (Qld) Ltd v Russell [2019] QCA 49 (22.3.2019)

Rule 188 - withdrawal of admissions - rationale and application - interests of justice and case management principles - leave to withdraw admissions refused

Medina v Electro Industry Group Queensland Limited [2019] QSC 63 (19.3.2019)

Rule 690 - lawyer's delay or neglect

Wallis v Hunt [2019] QDC 33 (19.3.2019)

Rule 472 & Practice Direction 1 of 2012 - simplified plan for jury trial

Wagner v Nine Network Australia [2019] QSC 61 (15.3.2019)

Rule 171 - striking out pleadings - no reasonable cause of action - negligence; causation; damage

Knight v State of Queensland [2019] QSC 86 (15.3.2019)

Rule 171 - striking out pleadings - no reasonable cause of action - other examples

Equititrust Limited v Tucker [2019] QSC 51 (12.3.2019)

Rule 673 - way security given - discretionary considerations; deed of indemnity

Equititrust Limited v Tucker [2019] QSC 51 (12.3.2019)

Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - disclosure orders/requirements

Parbery v QNI Metals Pty Ltd [2019] QSC 48 (11.3.2019)

Rule 14 - proceeding incorrectly started by application - proceeding to continue as if started by claim

Queensland Nickel Sales Pty Ltd v Mount Isa Mines Limited [2019] QCA 32 (26.2.2019)

 

Link to Previous Case Updates

Other recent updates

  • Supreme Court Practice Direction No 18 of 2018 [Efficient conduct of civil litigation], issued 17 August 2018.
  • Supreme Court Practice Direction No 15 of 2018 [Persons under a legal disability], issued 6 August 2018
  • District Court Practice Direction No 6 of 2018 [Persons under a legal disability], issued 17 August 2018.
  • Uniform Civil Procedure Amendment and Repeal Regulation (No 1) 2018 [SL 127 of 2018], notified 24 August 2018.
  • Uniform Civil Procedure (Subpoenas) Amendment Rule 2018 [SL 128 of 2018]notified 24 August 2018.
  • Commentary to new Schedule 1A, Rules for proceedings under the Corporations Act, Cross-Border Insolvency Act 2008 (Cwlth) or ASIC Act.

 

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