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
03/09/2025 Bertus Preller Litigation misconduct, Rule 47, matrimonial disputes, divorce proceedings, Security for costs, Vexatious Litigant, Vexatious Proceedings Act abuse of process, access to courts, appellate litigation, attorney threats, Constitutional Court, Constitutional Rights, corporate veil piercing, costs orders, court orders enforcement, divorce proceedings, domestic violence court, frivolous litigation, incola litigant, judicial restraint, legal harassment, Legal Practice Council, litigation misconduct, maintenance court jurisdiction, matrimonial disputes, persistent litigation, procedural defects, procedural fairness, Rule 47, section 34 Constitution, section 36 Constitution, security for costs, trust litigation, vexatious litigant, vexatious Proceedings Act When Persistence Becomes Vexatious: Ten Failed Applications and a Constitutional Reckoning in L.M.W v C.R.W (12866/2014) [2025] ZAWCHC 395 (1 September 2025). A Decade of Persistent Litigation: The Factual Matrix The factual landscape of this matter presents a striking example of how matrimonial disputes can spiral into prolonged abuse of court processes.… 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