04/02/2026 Bertus Preller Alimony, Costs, Family Advocate, Interim Maintenance, Maintenance, Mediation, Non-disclosure consequences, Pendente Lite, Rule 43, Rule 43 Applications, Rule 43 orders, Spousal Maintenance, Uberrimae fidei matrimonial proceedings, Uniform Form Rules of Court adverse costs orders family law, clean hands doctrine, contribution to legal costs, contribution towards costs requirements, custody and contact disputes, Du Preez v Du Preez, duty of disclosure in divorce, duty of support spouses, equitable relief divorce, false affidavits maintenance, Family Advocate role, family law dishonesty, financial disclosure matrimonial proceedings, interim maintenance South Africa, maintenance court jurisdiction, matrimonial property disputes, Mediation in Certain Divorce Matters Act, non-disclosure consequences, Office of Family Advocate, perjury in divorce proceedings, prima facie case legal costs, Rule 43 applications, Rule 43 costs orders, Rule 43(5) discretion, South African divorce law, spousal maintenance pendente lite, uberrimae fidei matrimonial proceedings, Uniform Rules of Court Rule 43, Van Rippen v Van Rippen When Clean Hands Matter: The Fatal Cost of Non-Disclosure in Rule 43 Applications – S.J. J v M.M. J (2025/056214) [2026] ZAGPJHC 57 (2 February 2026). Factual Matrix: A Rule 43 Application Gone Wrong The parties married on 13 October 2012 in Johannesburg, out of community of property with the accrual system. Two minor children were… READ MORE
16/12/2025 Bertus Preller Abuse of Process, Access to justice section 34, Attorney and client costs, Bona fide defence, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Contumacious conduct, Costs, Discovery, Divorce, Duty to court, Good cause rescission, Hostile Family Lawyers, Inherent powers of court, Legal practitioner complicity, legal practitioner ethical duties, LPC Code of Conduct, Matrimonial proceedings discovery, Muslim Marriages, Procedural Law, Procedural non-compliance, Procedure, Punitive costs orders, Rescission of default judgment, Rule 35(1) discovery, Rule 35(3) notice, Rule 35(7), Section 173 Constitution, Serial contempt, Stalingrad tactics, Striking out defence, Uniform Form Rules of Court, Vexatious Litigant, Vexatious litigation, Vindicating court authority abuse of court process, Attorney and Client Costs, bona fide defence, chamber book applications, contempt of court, contumacious conduct, discovery obligations, divorce action, duty to court, family law litigation, good cause rescission, inherent powers of court, legal practitioner complicity, legal practitioner ethical duties, LPC Code of Conduct, maintenance claims, procedural non-compliance, punitive costs orders, rescission of default judgment, Rule 35(3) notice, Rule 35(7), section 173 Constitution, section 60.1, section 60.2, serial contempt, Stalingrad tactics, striking out defence, vindicating court authority, wilful default When the Court Draws a Line in the Sand: Striking Out for Serial Contempt and Abuse of Process in S.L v A.C (8030/2021) [2025] ZAWCHC 565 (4 December 2025). Introduction The case of S.L v A.C (8030/2021) ZAWCHC 565 (4 December 2025) serves as a stark reminder that access to justice does not mean access to courts on one's… READ MORE
02/07/2025 Bertus Preller Abuse of Process, Adversarial Legal System, Costs, Divorce, Family Law Court System South Africa, Procedural Law, Procedure, Punitive Cost Orders, Rule 30A, Uniform Form Rules of Court Afrocentrics case, attorney costs orders, Bloem case, civil procedure, condonation applications, court deadlines, court rules compliance, de bonis propriis costs, Family Court, family law proceedings, Helen Suzman Foundation case, High Court Johannesburg, late filing affidavits, legal practitioner conduct, litigation management, motion proceedings, Multi-Links case, Parental Responsibilities, Procedural irregularities, procedural non-compliance, professional conduct, Rule 27, Rule 28, Rule 30A, Rule 6, South African Law, supplementary affidavits, Uniform Rules of Court When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025). Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the… READ MORE