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E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications.

Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent…

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The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024).

Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were…

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Ex-Husband Pays the Price for Secret Video Scandal. The Right to Privacy Triumphs: CEA v MB (D4460/2023) [2024] ZAKZDHC 26 (17 May 2024)

THE FACTS OF THE CASE The case of CEA v MB, heard in the High Court of South Africa, KwaZulu-Natal Local Division, Durban, involved a woman (the applicant) who sought…

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The Crucial Role of Full Disclosure in Domestic Violence Interim Protection Orders: Legal Standards, Case Law, and Practical Guidance.

INTRODUCTION TO THE DUTY OF FULL DISCLOSURE IN DOMESTIC VIOLENCE APPLICATIONS The principle of full disclosure is paramount in ex parte applications, where orders are granted without notice to the…

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M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process.

Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,…

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Encouraging Decorum: The Importance of Non-Hostile Conduct Among Family Law Attorneys in D v D (2021/23816) [2024] ZAGPJHC 1688 (26 April 2024).

Introduction In the case of D v D (2021/23816) ZAGPJHC 1688 (26 April 2024), the crux of the matter stemmed from the respondent's decision to issue a writ of execution…

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Crossing Boundaries: The Perils of Multiple Relationships in Child Care Cases – Els v Health Professions Council of South Africa and Others (965/2023) [2024] ZAWCHC 112 (25 April 2024)

Introduction The Western Cape High Court recently delivered a significant judgment in the case of Els v Health Professions Council of South Africa and Others (965/2023) ZAWCHC 112 (25 April…

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Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)).

Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise…

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Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC).

Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019…

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Mashavha v Enaex Africa (Pty) Ltd (2022/18404) [2024] ZAGPJHC 387 (22 April 2024): Application of New Rule 67A on Party and Party Costs in the High Court.

Facts of the Case In the case of Mashavha v Enaex Africa (Pty) Ltd (2022/18404) ZAGPJHC 387 (22 April 2024), the applicant, Lucky Ephraim Mashavha, brought an application against several…

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