29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… READ MORE
13/06/2024 Bertus Preller Accrual Calculation, Anti-Dissipation Interdicts, anti-dissipatory relief, Appeal, Divorce, Procedural Law accrual system, anti-dissipation interdict, appealability, asset dissipation, constitutional values, constitutionalization, Divorce, evidentiary threshold, exceptional circumstances, fair outcomes, Family Law, intentions, interests of justice, interim orders, judicial accountability, KSL v AL, legal developments, legal principles, marital property, matrimonial disputes, precedents, rule 34 offers, settlement negotiations, South African Law, strategic litigation, Supreme Court of Appeal The SCA Unraveling the Intricacies of Anti-Dissipation Interdicts in Matrimonial Disputes: Lessons from KSL v AL (356/2023) [2024] ZASCA 96 (13 June 2024). The Lowdown: Facts and Background of KSL v AL (356/2023) ZASCA 96 (13 June 2024) The saga of KSL v AL began when KSL (the husband) tied the knot with… READ MORE
27/04/2024 Bertus Preller Appeal, Divorce, Maintenance, Procedural Law, Review, Rule 43 2019 (6) SA 1 (CC), access to courts, appealability, best interests of the child, constitutionality, contributions towards costs, differentiation, divorce proceedings, equality before the law, Equality of Arms, inherent power, interests of justice, interim care, interim contact, interim matrimonial matters, interim orders, legitimate government purpose, maintenance pendente lite, non-appealability, rationality test, regulate own processes, Rule 43, S v S and Another (Centre for Child Law as Amicus Curiae), section 16(3), Superior Courts Act 10 of 2013, Uniform Rules of Court, urgent relief, variation of order Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC). Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019… READ MORE
23/04/2024 Bertus Preller Appeal, Divorce, In Community of Property, Procedural Law appeal upheld, appealability, compelling discovery, divorce proceedings, doctrine of finality, H.J v P.J, High Court, interests of justice, interlocutory orders, precedent, Rall v Rall, regional court, section 168(3) Constitution, striking off the roll, Superior Courts Act, ZASCA H.J v P.J (285/2023) [2024] ZASCA 55 (19 April 2024): Supreme Court of Appeal Rules on Appealability of Interlocutory Orders in Divorce Proceedings. Divorce Proceedings and Request for Further Particulars in H.J v P.J The case of H.J v P.J (285/2023) ZASCA 55 (19 April 2024) revolves around a divorce dispute between the… READ MORE