01/11/2025 Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025). The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Motion Proceedings, Plascon Evans Rule, Procedure, Viva Voce Evidence Motion Proceedings binding agreement dispute, Business Partners case, case law oral contracts, civil procedure South Africa, company credit card misuse, company director dispute, director resignation, divorce and business, Durban High Court 2025, family-owned business, High Court oral evidence referral, legal disputes in marriage, legal interpretation emails, Litigation Strategy, misleading correspondence, motion proceedings, oral agreement, oral contract litigation, Plascon-Evans, shareholder dispute, Shelley Beach legal dispute, smoking gun emails, South African company law, South Coast Mall businesses, Uniform Rule 6(5)(g), W.M.T v M.T case, WhatsApp evidence, World Focus 754 CC, ZAKZDHC 19 2025 Oral Agreement or Illusion? W.M.T v M[…].T[…] .9… Ltd and Others (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025): A Lesson in Motion Proceedings Gone Awry. The Factual Matrix: A Collapsing Marriage, Business Tensions, and Alleged Oral Agreements At the heart of the dispute in W.M.T v M.T .9 (Pty) Ltd and Others (D6021/2023) ZAKZDHC 19… READ MORE