Our offices were recently successful in opposition of a matter that we would like to share.
Pursuant to a rule 43 order being granted against him and dissatisfied with his erstwhile legal representative, our client approached our offices to forthwith represent him in his matter. Essential to keep in mind when reading is that the rule 43 order granted against our client, upon mere consideration of his financial position, is not within our client’s affordability.
Whilst remaining transparent with his wife’s legal representatives and working diligently to progress the matter forward – we noted that our client’s wife had indicated under oath in subsequent legal proceedings that her income was higher than it was at the time of her rule 43 application.
An increase in income falls squarely within the ambit of rule 43(6), in that a change in the circumstances of either party could result in a variation of an order granted in terms of rule 43.
This provided our client with a potential remedy in terms of rule 43(6), to vary the terms of the rule 43 order based on a change in circumstance. Our client accordingly proceeded with a rule 43(6) application, which was subsequently issued and served, and wherein a retrospective variation of the order is sought.
Pursuant to the rule 43(6) being delivered, an urgent contempt of court application was served on our client, for the shortfall in respect of the rule 43 order – this despite our client’s transparency in respect of his financial position, and also despite his pending rule 43(6) application seeking a retrospective variation of the order.
The urgent contempt of court application appeared before the Johannesburg High Court during the course of last week, and our offices, along with Advocate Roxanne Adams, secured an order in favour of our client, wherein the urgent application was removed from the roll, with costs granted in our client’s favour. In addition hereto, and most importantly, is that the contempt of court application was stayed, pending the outcome of our client’s rule 43(6) application.
Team: Kelly van der Berg