04/11/2026 Bertus Preller Abuse of Process, Divorce, Financial Disclosure, Forensic Investigations in Divorce, Privacy Rights, Subpoenas, Third-Party Subpoenas abuse of process, Beinash v Wixley, compel compliance subpoena, divorce financial disclosure, Eastern Circuit Local Division, fishing expedition subpoena, forensic auditor divorce, forensic investigation divorce, Gamble J order, in terrorem subpoena, lay litigants High Court, matrimonial litigation South Africa, Myers v Marcus, non-party financial records, patrimonial consequences of marriage, Plascon-Evans rule, privacy and confidentiality subpoena, R.H.K v Lawrence, Rule 38 subpoena, Rule 43(6) forensic expert, section 35(4) Superior Courts Act, section 36(5)(c) Superior Courts Act, setting aside subpoena, subpoena duces tecum, Tasima binding court orders, Thembalethu High Court, third party subpoena divorce, Van Zyl J, ZAWCHC 647 Fishing Expedition Foiled: Third-Party Subpoenas, Forensic Experts and Abuse of Process in R.H.K v Lawrence (587/2023) [2026] ZAWCHC 647 (2 November 2026) This case is about a spouse in a pending divorce who, relying on a Rule 43(6) order that allowed her to appoint a forensic expert to investigate her husband’s estate,… READ MORE
20/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Costs, Divorce, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Separation Applications, Subpoenas, Trusts accrual calculations, asset valuation, complex divorces, Divorce Decree, Family Law, Financial Disputes, High-net-worth divorce, interim relief, Judicial Discretion, legal precedent, matrimonial property, protracted proceedings, Rule 43 rights, separation order, South Africa, spousal maintenance, strike date, Trust assets, trust law, vexatious litigation Unshackling Dead Marriages: TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024) – Reshapes High-Net-Worth Divorces in South Africa. Background: A Protracted Divorce Battle The case of TD v LD and Others (32195/2017) ZAGPJHC 751 (12 August 2024) highlights the complexities and challenges of high-net-worth divorces in South Africa.… READ MORE
11/06/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Cryptocurrencies, Cryptocurrency, Division of Estate, Divorce, Hiding Assets, In Community of Property, Subpoenas accrual system, antenuptial agreements, Asset Concealment, asset distribution, asset tracing, Bitcoin, Bitcoin mining, blockchain analysis, blockchain forensics, community of property, cryptocurrency, cryptocurrency valuation, digital currency, digital forensics, digital wallets, Divorce, divorce settlement, financial infidelity, forensic investigation, forensic techniques, hidden assets, interim orders, Legal Framework, legal remedies, matrimonial property, Matrimonial Property Act, OSINT, out of community of property, pseudonymous transactions, South Africa Cryptocurrency and Divorce in South Africa: Unveiling Hidden Digital Assets. Introduction As cryptocurrencies gain widespread adoption and become increasingly mainstream, their use has extended beyond just investment and trading. Cryptocurrencies, particularly Bitcoin, have found their way into various aspects of… READ MORE
16/02/2024 Bertus Preller Divorce, Procedural Law, Subpoenas abuse of process, administration of justice, attorney-client privilege, Burden of Proof, Case Law, challenge subpoena, compliance, contempt of court, court rules, dispute resolution, divorce subpoena, document production, evidence gathering, fair trial, judicial interpretation, Legal Disputes, Legal Framework, Legal Practitioners, legal privilege, Legal proceedings, privacy laws, relevance test, rights protection, Rule of Law, setting aside subpoena, South African Law, subpoena ad testificandum, subpoena duces tecum, subpoenas, Uniform Rules of Court, witness testimony Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis. In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose… READ MORE