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.
We have included unique "Search Toolkit" function that 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 QUT academics Associate Professor Sheryl Jackson and Julie Pastellas. Numerous additional contributions have been made by specialist academics and private practitioners.
Subscribers are alerted to the following significant case updates:
Rule 672 - Discretionary factors for security for costs - Whether order would be oppressive/stifle the proceeding
Gekko Developments Pty Ltd v Centa Company Pty Ltd [2013] QSC 126 (14.5.2013)
Rule 224 - relief from duty to disclose - other relevant considerations - confidentiality
Seeker Aircraft America Inc v Seabird Aviation Australia Pty Ltd [2013] QSC 121 (10.5.2013)
Rule 703 - indemnity basis of assessment - offers on appeal
Roberts v Prendergast [2013] QCA 89 (19.4.2013)
Rule 5 - Supreme Court of Queensland Practice Direction No 17 of 2012 (Case Flow Management - Civil Jurisdiction
Pearce v Marzullo [2013] QSC 110 (17.4.2013)
Rule 703 - indemnity basis of assessment - offers on appeal
Andrew Fielding as Liquidator of Lyngray Developments Pty Ltd v Duschas [2013] QCA 085 (16.4.2013)
Rule 703 - indemnity basis of assessment - offers by defendant
Mizikovsky v Queensland Television Limited [2013] QCA 069 (2.4.2013)
Rule 293 - only applicable after notice of intention to defend filed
Allingham v Fuller [2013] QSC 81 (2.4.2013)
Rule 211 - duty of disclosure - masking of parts of documents
Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd [2013] QSC 082 (28.3.2013)
Rule 212 - documents to which disclosure does not apply - legal professional privilege - legal advisers must be admitted to practice; inhouse lawyers
Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd [2013] QSC 082 (28.3.2013)
Rule 209 - Disclosure and inspection of documents - application of Pt 1 - proceedings to which part applies
Waratah Coal Pty Ltd v Nicholls [2013] QSC 068 (22.3.2013)
Rules 281 & 282 - judgment by default - proof of service of Statement of Claim where no Claim
GMW Group Pty Ltd (Receivers and Managers Appointed) (in liquidation) v Michael Saadie in his own right and trading as GMWI [No 2] [2013] QSC 71 (22.3.2013)
Rule 483 - Case stated - when appropriate to use
Thiess v Collector of Customs [2013] QCA 54 (22.3.2013)
Rule 290 - judgment by default set aside - Magistrate erred in failing to set aside judgment
Nunn v Honey [2013] QDC 58 (21.3.2013)
Rule 926 - application not served personally - "any" affidavit in support
CAO v HAT [2013] QDC 42 (15.3.2013)
Rule 62 - necessary parties - special parties - trustees
Brittain v Kaleoti Pty Ltd [2013] QDC 053 (14.3.2013)
Rule 389 - continuation of proceeding after delay - a step in the "proceeding"
Wine Connection Pty Ltd as Trustee v Pitcliff Pty Ltd [2013] QSC 056 (11.3.2013)
Rule 535 - delay - interaction with r 389
Wine Connection Pty Ltd as Trustee v Pitcliff Pty Ltd [2013] QSC 056 (11.3.2013)
Rule 5 - philosophy - overriding obligations of parties and court - Supreme Court Practice Direction No 17 of 2012
NDC Investments (Aust) Pty Ltd v Sign Vision (Aust) Pty Ltd [2013] QSC 035 (28.2.2013)
Other recent updates:
Supreme Court Practice Direction No 7 of 2013 Interest rates (19.4.2013)
Supreme Court Practice Direction No 3 of 2013 Court of Appeal (19.3.2013)
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