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Urgent High Court Applications2019-12-04T15:32:11+00:00

URGENT HIGH COURT APPLICATIONS

Dispute resolutions, especially those that require the assistance of the adversarial system, can be a complex affair at the best of times, none more so than urgent court applications. As the name suggests, urgent applications differ from their standard counterparts in that they do not have the perceived ‘luxury’ of time to proceed with a normal, often laborious adjudication process. This is particularly relevant to the South African judicial system, as the current court roles are so inundated that the probability of a speedily addressed court process is highly unlikely.

To complicate matters further, urgency can be seen as a matter of degree in that what an applicant may deem as an urgent matter, a court might not. This level of subjectivity can result in attorneys and applicants being left at the mercy of the courts and judges in front of them, as well as the overarching legal system with little to no control over the outcome. In South Africa, depending on the court, they may only appoint one to two judges a week for the purposes of hearing urgent applications.

Initial consultations are charged at R1500.00. Thereafter, should you wish for us to act on your behalf, a fee is discussed and agreed upon whereafter we can move forward with your matter. We promise to get back to you as soon as possible – as we are aware that these cases are often urgent.

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WHEN WOULD YOU NEED HELP WITH URGENT HIGH COURT APPLICATIONS?

This is delineated in Rule 6(12) below:

“(12) (a) In urgent applications the court or a judge may dispense with the forms and service provided for in these Rules and may dispose of such matter at such time and place and in such manner and in accordance with such procedure (which shall as far as practicable be in terms of these Rules) as to it seems meet. (b) In every affidavit or petition filed in support of any application under paragraph (a) of this sub rule, the applicant shall set forth explicitly the circumstances which he avers render the matter urgent and the reasons why he claims that he could not be afforded substantial redress at a hearing in due course. “

In terms of what constitutes as sufficiently exigent for an urgent application can be largely determined on a case-by-case basis. However, issues involving minor children and their continued safety and well-being are a good example of cases that generally qualify as urgent enough for priority status on the role. This is especially pertinent in cases where parents are separated or divorced and do not adhere to the agreed upon terms of a settlement agreement or parenting plan.

CONTACT JOSELOWITZ AND ANDREWS ATTORNEYS TO GET ADVICE TODAY!

JA Attorneys are specialised divorce and family law practitioners, and understand that urgent applications need to be treated as such. Should you be looking to pursue an urgent application, or have been on the receiving end of one – we know that time is of the essence, please don’t hesitate to contact us and book an appointment to discuss your options.

*Please note that the material published above is for information purpose only, and should not be taken as legal advice.

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