10/09/2025 Bertus Preller Abuse of Process, Costs, Divorce, Divorce summons prerequisite, Maintenance, Procedural Law, Procedure, Rule 43, Rule 43 Cost Contributions, Rule 58 2018 Rule 43 amendment, child custody applications, Court Jurisdiction, divorce attorneys, divorce law procedure, divorce practice, divorce summons prerequisite, divorce summons timing, family court procedures, family law practitioners, High Court Gauteng, in limine objections, interim applications, interim maintenance, interim relief requirements, legal costs contribution, legal procedural requirements, litigation prerequisites, matrimonial action pending, matrimonial disputes, matrimonial interim relief, matrimonial law compliance, matrimonial proceedings, pendente lite applications, pending divorce requirement, Procedural Compliance, procedural defects, Rule 43 applications, South African Family Law, Uniform Rules of Court No Divorce Summons, No Rule 43 Relief: A.C v H.C (2024/148225) [2025] ZAGPJHC 741 (28 July 2025) Confirms Procedural Prerequisites for Matrimonial Interim Applications. Factual Background and Procedural History The case A.C v H.C (2024/148225), decided on 28 July 2025 in the Gauteng Local Division, Johannesburg, addressed a Rule 43 application for interim relief… READ MORE
30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
21/11/2023 Bertus Preller Adversarial Legal System, Alimony, Costs, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Affidavit Analysis, Attorney Conduct, child maintenance, Condonation, Constitutional Challenges, Court Rulings, divorce proceedings, Family Law, financial disclosure, interim relief, Legal Ethics, Legal precedents, Legal Procedure, Litigation Tactics, maintenance pendente lite, Procedural Compliance, Prolixity in Affidavits, Rule 30 Challenge, Rule 43 Application, South African High Court Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney. I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the… READ MORE