04/11/2026 Bertus Preller Abuse of Process, Divorce, Financial Disclosure, Forensic Investigations in Divorce, Privacy Rights, Subpoenas, Third-Party Subpoenas abuse of process, Beinash v Wixley, compel compliance subpoena, divorce financial disclosure, Eastern Circuit Local Division, fishing expedition subpoena, forensic auditor divorce, forensic investigation divorce, Gamble J order, in terrorem subpoena, lay litigants High Court, matrimonial litigation South Africa, Myers v Marcus, non-party financial records, patrimonial consequences of marriage, Plascon-Evans rule, privacy and confidentiality subpoena, R.H.K v Lawrence, Rule 38 subpoena, Rule 43(6) forensic expert, section 35(4) Superior Courts Act, section 36(5)(c) Superior Courts Act, setting aside subpoena, subpoena duces tecum, Tasima binding court orders, Thembalethu High Court, third party subpoena divorce, Van Zyl J, ZAWCHC 647 Fishing Expedition Foiled: Third-Party Subpoenas, Forensic Experts and Abuse of Process in R.H.K v Lawrence (587/2023) [2026] ZAWCHC 647 (2 November 2026) This case is about a spouse in a pending divorce who, relying on a Rule 43(6) order that allowed her to appoint a forensic expert to investigate her husband’s estate,… READ MORE
15/06/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, Costs, Holiday Travel, Parental Rights, Procedure, Reunification, Temporary Safe Care AC Cilliers Law of Costs, best interests principle, biological father access, child access rights, child custody disputes, children's court authority, Children’s Act 38 of 2005, Christmas access disputes, costs in family matters, D.G.S.F v M.F case, emotional psychological problems children, family law South Africa, foster care arrangements, Free State High Court, gradual reunification, High Court jurisdiction, leave of absence children, legal costs children matters, magistrate's court jurisdiction, procedural failures, reunification process, section 168 Children's Act, section 187 Children's Act, section 46 Children's Act, social worker reports, temporary safe care, upper guardianship powers, urgent applications, Van Zyl J Father’s Festive Season Bid Fails: High Court Lacks Jurisdiction in Children’s Court Matters – JHG v GWH and Another (7147/2024) [2025] ZAFSHC 133 (7 May 2025). Case Overview: JHG v GWH and Another In the matter of JHG v GWH and Another (7147/2024) ZAFSHC 133 (7 May 2025), the High Court of South Africa, Free State… READ MORE