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 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 427 - expert evidence - purpose of rule; discretion informed by rule 5

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 6)  [2019] QSC 214 (29.8.2019)

Rule 389 - continuation of proceeding after delay - 'step' taken in the proceeding - attending court-ordered settlement conference

Deathridge v McNaught  [2019] QDC 165 (27.8.2019)

Rule 389 - continuation of proceeding after delay - a 'step' in the proceeding - transfer to a court in different court hierarchy 

The President's Club Limited v Palmer Coolum Resort Pty Ltd [2019] QSC 209 (26.8.2019)

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

The President's Club Limited v Palmer Coolum Resort Pty Ltd [2019] QSC 209 (26.8.2019) 

Rule 687 - costs of proceedings in wrong court - relief could have been given in magistrates court

Noone v Brown (No 4) [2019] QDC 155 (23.8.2019)

Rule 5 - philosophy - overriding obligations of parties and court - application of rule - examples - opportunity to present case; expert evidence

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd [2019] QCA 160 (20.8.2019) 

Rule 427 - expert evidence - purpose of rule; discretion informed by rule 5

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd [2019] QCA 160 (20.8.2019) 

Rule 429B - Court may direct experts to meet - inclusion of material beyond that contemplated by court orders

Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 4) [2019] QSC 199 (12.8.2019)

 

Link to Previous Case Updates

Other recent 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) (Commentary in progress) 

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