18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
17/04/2025 Bertus Preller Appeal, Division of Estate, Divorce, Procedural Law, Recission of Divorce Orders Cape Town High Court, Court Jurisdiction, divorce order, final judgment, Firestone principle, functus officio, gross irregularity, in community of property, joint estate division, judicial authority, Judicial Review, legality review, magistrates court, PAJA, Property Division, Receiver appointment, review application, Superior Courts Act, Trencon substitution, Western Cape When Magistrates Overreach: G.W.X. v Magistrate of Western Cape Blue Downs Mashala N.O & Another (17268/2024) [2025] ZAWCHC 142 (27 March 2025). Background to the Review Application: The Divorce Orders in Question The recent Western Cape High Court judgment in G.W.X. v Magistrate of Regional Division of Western Cape Blue Downs Mashala… READ MORE
17/06/2024 Bertus Preller Appeal, Best Interests of the Child, Children, Parental Rights, Procedure appealable order, best interests of children, care assessment, Case No: 3358/2024, children's act, contact assessment, DR v NM and RL, Family Advocate, Girdwood v Girdwood, interlocutory order, Kotze v Kotze, leave to appeal, Minor Children, parenting plan, S v Notshokovu, Superior Courts Act, Supreme Court ActDR v NM and Another (3358/2024) [2024] ZAWCHC 69 - (7 June 2024), Tshwane City v Afriforum, upper guardian, Western Cape High Court DR v NM and RL: Western Cape High Court Upholds Best Interests of Children in Dismissing Leave to Appeal of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 – (7 June 2024). Introduction In a recent judgment, the Western Cape High Court dismissed an application for leave to appeal brought by the first respondent against an order directing the Office of the… 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
02/02/2024 Bertus Preller Appeal, Mootness, Procedure admissibility, appeals, appellate proceedings, civil union, Court Rulings, customary marriage, division of estate, finality in trials, hearsay evidence, Herbstein and Van Winsen, jurisprudence, Legal Framework, Legal precedents, legal principles, lobola, Marital Disputes, matrimonial benefits, matrimonial property, mootness doctrine, N B v T B, Narius Moloto v The Pan Africanist Congress Of Azania, new evidence, practical effect, South African Law, Superior Courts Act, ZAECMHC Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024). Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision… READ MORE