28/10/2024 Bertus Preller Children, Maintenance, Paternity Fraud, Procedure Access to Justice, affidavits via Zoom, birth certificate amendment, children's act, civil litigation, civil procedure, Constitutional Rights, court modernization, court precedent, digital evidence, divorce settlement, DNA results, DNA testing, electronic evidence, Family Law, High Court Judgment, judicial interpretation, legal presumption, legal presumptions, legal reform, legal technology, maintenance obligations, maintenance payments, parental rights termination, parenting plan, paternity fraud, remote legal procedures, South African Law, virtual commissioning, WhatsApp evidence From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice? Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… READ MORE
23/04/2024 Bertus Preller Costs 2022/18404, Access to Justice, complexity, costs order, counsel's fees, High Court, importance, jurisdiction, Labour Court, Legal Fees, Mashavha v Enaex Africa (Pty) Ltd, party and party costs, prospective application, Rule 67A, scale of costs, standing, Uniform Rules of Court, value, ZAGPJHC 387 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… READ MORE
11/03/2024 Bertus Preller Child Maintenance, Children, Divorce, Divorce Statistics, Family Law Court System South Africa, Mediation Access to Justice, Alternative Dispute Resolution, best interests of the child, Child Custody, court backlogs, court efficiency, Divorce, domestic violence, Family Advocate, family court challenges, family law reform, family law research, interim report, judicial training, justice system, Karen Botha, Legal Representation, Mediation, power imbalances, South African family courts, specialization, standardization, unrepresented litigants Dysfunction in South Africa’s Family Law System: Insights from a Groundbreaking Report. – March 2024. Introduction South Africa is renowned for having some of the most progressive family law legislation in the world, including the Children's Act 38 of 2005, the Domestic Violence Act 116… READ MORE
13/11/2023 Bertus Preller Children, Guardianship, Parental Rights Access to Justice, Case Backlogs, child welfare, Children's Amendment Act 17 of 2022, Children's Courts, Family Law Amendments, Family Law Transformation, guardianship, Guardianship Rights, High Court, Jurisdiction Expansion, Legal Consents, Legal Guardianship, Legal proceedings, Legal Recourse, Legal System, Parental Responsibilities, South African Family Law, Systemic Strain Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law. Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's… READ MORE