30/08/2026 Bertus Preller Abuse of Process, Alimony, Contumacious conduct, Divorce, Litigation misconduct, Procedural Law, Spousal Maintenance, Substantial misconduct, Substantial misconduct, Vexatious litigation change of front, conduct of parties, costs Rule 28(9), divorce amendment, divorce counterclaim, divorce pleadings, facta probantia, family law South Africa, irrelevant matter, J.P v M.P, Jowell v Bramwell-Jones, leave to amend, maintenance claim, matrimonial misconduct, Moolman v Estate Moolman, no-fault divorce, pleading evidence, Rule 18(4), Rule 23, Rule 28, S.T.H v A.T.H, scandalous allegations, Section 7(2) Divorce Act, spousal maintenance, striking out, Vaatz v Law Society, vexatious pleadings, Western Cape High Court, withdrawal of admission Pleading Fault in a No-Fault Divorce: When Do Conduct Allegations Cross the Line? J.P v M.P (13220/2021) [2026] ZAWCHC 410 (12 August 2026). Few interlocutory judgments manage to say something useful about both civil procedure and substantive family law in the same breath. The recent decision of Greig AJ in the Western Cape… READ MORE
02/07/2025 Bertus Preller Abuse of Process, Adversarial Legal System, Costs, Divorce, Family Law Court System South Africa, Procedural Law, Procedure, Punitive Cost Orders, Rule 30A, Uniform Form Rules of Court Afrocentrics case, attorney costs orders, Bloem case, civil procedure, condonation applications, court deadlines, court rules compliance, de bonis propriis costs, Family Court, family law proceedings, Helen Suzman Foundation case, High Court Johannesburg, late filing affidavits, legal practitioner conduct, litigation management, motion proceedings, Multi-Links case, Parental Responsibilities, Procedural irregularities, procedural non-compliance, professional conduct, Rule 27, Rule 28, Rule 30A, Rule 6, South African Law, supplementary affidavits, Uniform Rules of Court When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025). Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the… READ MORE