09/10/2026 Bertus Preller Absence of a party, Contempt of Court, Divorce, Ex parte application, Fraud, non-disclosure, Maintenance, Maintenance Act 99 of 1998, Maintenance Court, Procedural Law, Reconsideration application, Rescission, common law rescission, Rule 42(1)(a), Schlesinger v Schlesinger, Self-created urgency, Urgency, Urgent applications, Urgent divorce applications, Zuma v Secretary Judicial Commission absence of a party, common law rescission, contempt of court, divorce consent paper, East Rock Trading, ex parte application, finality of judgments, fraud, Greig AJ, Luna Meubel, Madavanhu, Maintenance Act 99 of 1998, maintenance arrears, non-disclosure, periodical imprisonment, Rainbow Farms, reconsideration application, rescission, Rule 41A mediation, Rule 42(1)(a), Rule 6(12)(c), Schlesinger v Schlesinger, section 10 enquiry, Self-Created Urgency, spousal maintenance, Urgent Application, Western Cape High Court, writ of commitment, Zuma v Secretary Judicial Commission When Both Sides Lose: “Absence”, Self-Created Urgency and a Decade of Maintenance Litigation: E.H v J.C.J.V.D (19849/2022) [2026] ZAWCHC 576 (2 October 2026). A Decade of Enforcement and a Friday Evening Hearing The judgment in E.H v J.C.J.V.D (19849/2022) ZAWCHC 576 (2 October 2026), delivered by Greig AJ in the Western Cape Division,… READ MORE
09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE
12/06/2024 Bertus Preller Alimony, Appeal, Arbitration, Arrears, Child Maintenance, Divorce, Maintenance, Procedural Law, Procedure, Spousal Maintenance 11 June 2024, 258/2023, access to courts, arbitrability, arbitration, Arbitration Act 42 of 1965, Arrear Maintenance, Divorce Act 70 of 1979, Enforcement, ex lege, Family Law, incidental matters, jurisdiction, legislative provisions, Maintenance Act 99 of 1998, maintenance disputes, matrimonial cause, party autonomy, precedent, public importance, rescission, section 2(a), suspension, variation, VJ v VJ and Another, vulnerable parties, ZASCA 92 Safeguarding Access to Courts in Maintenance Matters: The Supreme Court of Appeal’s Judgement in VJ v VJ and Another (258/2023) [2024] ZASCA 92 (11 June 2024). The Background: A Matrimonial Dispute Turns into an Arbitrability Question The recent judgment in VJ v VJ and Another (258/2023) ZASCA 92 (11 June 2024) has shed light on a… READ MORE