21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… READ MORE
19/08/2024 Bertus Preller Costs, Divorce, Domicile, International Divorce adverse inferences, affidavits, attachment orders, Burden of Proof, costs, credibility, domicile, ex parte orders, full disclosure, incola, international litigation, jurisdiction, Legal Fees, motion proceedings, peregrinus, Plascon-Evans rule, reconsideration applications, residence, South African Law, Uniform Rules of Court Domicile Dilemma: Unraveling Jurisdictional Complexities in J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024). Background: The Legal Dispute Between J.M and N.C The case of J.M v N.C (2023/00100) ZAGPJHC 762 (16 August 2024) originated from a dispute over legal fees between J. Mahomed,… READ MORE
27/07/2024 Bertus Preller Alimony, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance court judgments, Divorce, divorce litigation, Family Law, financial assessment, financial disclosure, full disclosure, interim maintenance, interim relief, legal precedent, Legal proceedings, marital property, matrimonial assets, matrimonial disputes, Mediation, Rule 43, South Africa, spousal support, Uniform Rules of Court Full Disclosure and Reasonableness: Key Lessons from M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 in Rule 43 Applications (26 July 2024). Background: A Short-Lived Marriage Leads to Rule 43 Application The case of M.Y v J.Y (2024/013982) ZAGPJHC 684 (26 July 2024) revolves around a Rule 43 application filed by the… READ MORE
08/06/2024 Bertus Preller Customary Law, Customary Marriages, Divorce, Procedural Law Acting Judge Kunju, civil marriage, confirmatory affidavits, conflicting evidence, cross-examination, customary marriage, disclosure, emotional distress, factual disputes, honesty, invalidity, just and expeditious resolution, legal consequences, lobola negotiations, MEC for Health: Eastern Cape v Mbodla, null and void, oral evidence, prior marriage, proprietary rights, reliable evidence, Rule 6(5)(g), Traditional Leader, Uniform Rules of Court, Utsiki ceremony Unravelling the Complexities of Customary Marriage: An Analysis of S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024) by Acting Judge Kunju. The Complexity of Proving the Existence of a Prior Customary Marriage In the case of S.B v B.B and Another (6014/2022) ZAECMHC 45 (4 June 2024), the court grappled with… READ MORE
27/04/2024 Bertus Preller Appeal, Divorce, Maintenance, Procedural Law, Review, Rule 43 2019 (6) SA 1 (CC), access to courts, appealability, best interests of the child, constitutionality, contributions towards costs, differentiation, divorce proceedings, equality before the law, Equality of Arms, inherent power, interests of justice, interim care, interim contact, interim matrimonial matters, interim orders, legitimate government purpose, maintenance pendente lite, non-appealability, rationality test, regulate own processes, Rule 43, S v S and Another (Centre for Child Law as Amicus Curiae), section 16(3), Superior Courts Act 10 of 2013, Uniform Rules of Court, urgent relief, variation of order Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC). Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019… READ MORE
23/04/2024 Bertus Preller Costs 2022/18404, Access to Justice, complexity, costs order, counsel's fees, High Court, importance, jurisdiction, Labour Court, Legal Fees, Mashavha v Enaex Africa (Pty) Ltd, party and party costs, prospective application, Rule 67A, scale of costs, standing, Uniform Rules of Court, value, ZAGPJHC 387 Mashavha v Enaex Africa (Pty) Ltd (2022/18404) [2024] ZAGPJHC 387 (22 April 2024): Application of New Rule 67A on Party and Party Costs in the High Court. Facts of the Case In the case of Mashavha v Enaex Africa (Pty) Ltd (2022/18404) ZAGPJHC 387 (22 April 2024), the applicant, Lucky Ephraim Mashavha, brought an application against several… READ MORE
26/02/2024 Bertus Preller Divorce, Procedure, Recission of Divorce Orders Case Law, clean hands doctrine, Condonation, Constitutional Rights, Court Orders, Deeds Registries Act, Divorce Decree, divorce proceedings, due process, equitable relief, Family Court, Family Law, Legal Analysis, legal challenges, Legal precedents, Legal proceedings, legal remedies, Legal Representation, matrimonial disputes, matrimonial property, procedural fairness, property rights, rescission of judgment, Rule 31(2)(b), Rule 42(1)(a), service of summons, South African Law, Uniform Rules of Court Unraveling Legal Mysteries: The Rescission of Divorce Decrees in South African Law. – E S v J S (2011/19961) [2024] ZAGPJHC 164 (19 February 2024). Introduction to the Case of E S v J S In the intriguing case of E S v J S (2011/19961) ZAGPJHC 164, adjudicated on 19 February 2024, the court… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
16/02/2024 Bertus Preller Divorce, Procedural Law, Subpoenas abuse of process, administration of justice, attorney-client privilege, Burden of Proof, Case Law, challenge subpoena, compliance, contempt of court, court rules, dispute resolution, divorce subpoena, document production, evidence gathering, fair trial, judicial interpretation, Legal Disputes, Legal Framework, Legal Practitioners, legal privilege, Legal proceedings, privacy laws, relevance test, rights protection, Rule of Law, setting aside subpoena, South African Law, subpoena ad testificandum, subpoena duces tecum, subpoenas, Uniform Rules of Court, witness testimony Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis. In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose… READ MORE
12/02/2024 Bertus Preller Alimony, Arrears, Children, Divorce, Maintenance, Muslim Marriages, Procedural Law, Rule 43, Spousal Maintenance audi alteram partem, civil marriage, contempt of court, court discretion, COVID-19 impact, divorce proceedings, family law disputes, financial hardship, Gois v Van Zyl, High Court judgement, interim maintenance, legal advice, Legal Costs, legal principles, Legal Representation, maintenance obligations, MEC v Ikamva Architects, procedural missteps, R.A v F.A, rescission application, Rule 43(6) order, Rule 45A, Sharia Law, South African Family Law, Strime v Strime, suspension of maintenance orders, Uniform Rules of Court, Urgent Application, Whitfield v Van Aarde Understanding the Suspension of Maintenance Orders: Insights from – R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024) – LEKHULENI J. Maintenance Disputes: Navigating Rule 43(6) Orders In the significant legal decision of R.A v F.A, delivered on 9 February 2024 by Lekhuleni J in the Western Cape High Court, the… READ MORE