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 Procedures Rules, extensive commentary 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 250 - inspection, detention and preservation of property-preconditions for grant of order - necessary
Alavi-Moghaddam v Woolworths Ltd [2012] QDC 98 (17.5.2012)
Rule 703 - indemnity basis of assessment - ulterior motive/wilful disregard of known facts - no decision on the merits
Macarthur Coal Limited v MCG Coal Holdings Pty Ltd [2012] QSC 125 (16.5.2012)
Rule 743C - Assessment of costs under the Legal Profession Act 2007 - court may direct preparation of itemised bill
Tabtill No 2 Pty Ltd v DLA Phillips Fox (a firm) [2012] QSC 115 (27.4.2012)
Rule 672 - Leave to appeal/appeal from order made on application for security for costs
Base 1 Projects Pty Ltd v Islamic College of Brisbane Ltd [2012] QCA 114 (24.4.2012)
Rule 667 - liberty to apply
Maroney v Qanats AirwaysLimited [2012] QDC 68 (24.4.2012)
Rule 719 - conflict of interest - what amounts to conflict of interest; Rule 720 - procedure on assessment - generally
Southwell v Jackson [2012] QDC 65 (23.4.2012)
Rule 738 - certificate of costs assessor - written reasons for decision - costs assessor's fee; Rule 742 - review by court - court's discretion on review; Rule 743I - application of other rules - no restriction on scope of assessment
Southwell v Jackson [2012] QDC 65 (23.4.2012)
Rule 156 - general relief - quantification of damages
Mark Bain Constructions Pty Ltd v Avis; Mark Bain Constructions Pty Ltd v Barnscape Pty Ltd [2012] QCA 100 (17.4.2012)
Rule 360 - whether rule applied at all - offer wrongly made against all defendants - indemnity costs not warranted
Little Images Pty Ltd v Fresh View Venture Pty Ltd (No 2) [2012] QSC 95 (17.4.2012)
Rule 14 - Proceeding incorrectly started by application - proceeding incorrectly started by application may be abuse of process
Mbuzi v SV Partners [2012] QSC 84 (5.4.2012)
Rule 163 - Failure to give particulars - self-executing order?
Queensland Building Services Authority v Doyle [2012] QDC 60 (2.4.2012)
Rule 166 - denials and non-admissions - rule does not effect an abrogation of privilege against self-incrimination or self-exposure to penalty; how privilege should be claimed
ASIC v Managed Investments Ltd No 3 [2012] QSC 74 (28.3.2012)
Rule 165 - Self-incrimination or self-exposure to penalty privilege may be claimed
ASIC v Managed Investments Ltd No 3 [2012] QSC 74 (28.3.2012)
Rule 680 - entitlement to recover costs - conflict with other legislative provisions; Rule 703 - criteria for assessing costs on indemnity basis
Body Corporate for Sunseeker Apartments CTS 618 v Jasen [2012] QDC 51 (28.3.12)
Rule 732 - costs of assessment; Rule 733 - offer to settle costs - when offer may be disclosed; Rule 738 - certificate of costs assessor - written reasons for decision - costs assessor's fee
Body Corporate for Sunseeker Apartments CTS 618 v Jasen [2012] QDC 51 (28.3.12)
Rule 5 - philosophy - application of rule - examples - right to jury trial
Coronis v Jilt Pty Ltd [2012] QCA 66 (23.3.2012)
Rule 367 - directions - orders which may be made - dispense with jury trial
Coronis v Jilt Pty Ltd [2012] QCA 66 (23.3.2012)
Rule 474 - whether trial by jury should have been allowed - self represented party with unfocussed approach - interpetation of "or other issue" in r 474(b)
Coronis v Jilt Pty Ltd [2012] QCA 66 (23.3.2012)
Rule 472 - right to elect trial by jury forfeited where jury fee under s 65(1) Jury Act 1995 not paid
Coronis v Jilt Pty Ltd [2012] QCA 66 (23.3.2012)
Rule 292 - summary judgment refused - incomplete evidence before the court
Oberto v Ferguson [2012] QDC 39 (16.3.2012)
Rule 748 - application for extension of time to appeal after eight and a half years - application refused
Vacic (formerly Jelicic) v Salter [2012] QCA 53 (16.3.2012)
Rule 702 - costs allowable when assessment on standard basis - examples
Carver & Chalmers v Hill [2012] QDC 043 (13.3.2012)
Rule 703 - indemnity basis of assessment - criteria for assessing costs on indemnity basis
Hannover International Ltd v CW Robson; Mine & Quarry Equipment International v CW Robson; GF Robson; GF Robson v CW Robson [2012] QSC 47 (8.3.2012)
Rule 742 - review by court - court's discretion on review
Hannover International Ltd v CW Robson; Mine & Quarry Equipment International v CW Robson; GF Robson; GF Robson v CW Robson [2012] QSC 47 (8.3.2012)
Rule 772 - unfettered discretion to order security for costs - no jurisdictional condition to the discretion
Gold Coast Blaze Pty Ltd v Joyce [2012] QCA 37 (5.3.2012)
Rule 702 - standard basis of assessment - directions to assist costs assessor?
Virgtel Ltd v Zabusky [2012] QSC 42 (2.3.2012)
Rule 302 - application to set aside summary judgment - whether need to explain reason for non-attendance at hearing - effect of absence of a pleaded defence
The Reserve Vault Pty Ltd v Barrier Reef Arts Pty Ltd [2012] QCA 35 (2.3.2012)
The following system upgrades have been recently implemented:
- Schedules 1, 2 and 3 (costs scales) have been re-designed for ease of access to all current and previous costs scales
- introduction of free content-limited trial accounts
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