05/06/2026 Bertus Preller Abuse, Balance of probabilities, Domestic Violence, Emotional Abuse, Irreparable harm test, Physical Abuse, Psychological Abuse, Spoliation accrual system, balance of probabilities, civil remedies, divorce proceedings, domestic relationship, domestic violence, Domestic Violence Act 116 of 1998, emotional abuse, evidence affidavit, family law South Africa, final protection order, Gauteng Division, harm threshold, High Court appeal, IKM v GRM, interdict, Interim Protection Order, magistrates court, matrimonial property, protection order, protection order misuse, psychological harm, Rule 43, section 1 DVA, section 6(4) DVA, spoliation, warrant of arrest, Wentzel J, Wilson J, ZAGPJHC 461 When Collecting Your Own Car Is Not Domestic Violence — IKM v GRM (A2025-156276) [2026] ZAGPJHC 461 (7 May 2026). The Facts: A Car, a Parking Lot, and a Protection Order The parties in IKM v GRM (A2025-156276) ZAGPJHC 461 (7 May 2026), decided by Wilson J (with whom Wentzel… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE
07/05/2024 Bertus Preller Adversarial Legal System, Child Maintenance, Costs, Financial Disclosure, Maintenance, Procedure, Rule 43 094387/23, 2024, abuse of process, Arrear Maintenance, case law interpretation, contact arrangements, costs order, dismissal, divorce proceedings, expeditious decision, Family Advocate, financial position, Gauteng Division, High Court, inexpensive resolution, interim relief, just decision, lengthy affidavits, M.N v A.L.N, maintenance, Minor Children, Pretoria, Rule 43 Application, rule amendments, Rules Board, South African Law, status quo 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,… READ MORE
08/04/2024 Bertus Preller Costs, Divorce, Procedural Law 2023/123933, 2024, Combined Summons, Condonation, costs order, deviation, Divorce Act 70 of 1979, divorce actions, duty, Gauteng Division, High Court, ineffectual, irregular service, Johannesburg, L.R v T.S, Legal Practitioners, Legal Requirements, misrepresentation, non-compliance, nullity, personal service, Practice Directive, prejudice, prescription, proceedings, Registrar, Sheriff, signature, standard forms, Unopposed Divorce Roll, ZAGPJHC 336 L.R v T.S (2023/123933) [2024] ZAGPJHC 336 (5 April 2024): High Court Emphasises Importance of Personal Service in Divorce Actions. Background and Facts of the Case The Plaintiff, L.R., instituted divorce proceedings against the Defendant, T.S., and set the matter down on the Unopposed Divorce Court roll. The parties had… READ MORE