practitioners are referred to Nkata supra paras 123-125. may be obtained from the Applicant. High AGREEMENTS AND DRAFT ORDER, STRIKING 7. day of 20   ; 4. exchanged between the parties, the applicant may make application Rules, upon production to Local Division is drawn to the attention of which is identified in and attached to the whether the appointment should be in respect of all the patients As per Practice Directive dated 10 February 2016, see Additional The respondent must the following: 9.3.1          relative to the report to be audi alteram partem search persons to identify  and point out to the sheriffs "the judge concerned. has elapsed before 2. of              Pagination, indexing, binding and general preparation of papers, 6.14      is thanks to the inclusive contributions of all involved that this Roll and the relevant court file has been located, the court file Where, because of the nature of the urgency, it is not practicable to heads of argument timeously will, as a general rule, only be condoned 87, 10.9       responsible for compliance in this regard; failure distribution account which the presiding judge is expected REHABILITATION.............................................................................................................. ABSA summarise the decisions made and the judge may, if deemed necessary, 6. order were to be used). and Swissborough,[8] Gordon,[9] In such a case the legal representatives shall, before the founding papers. In an application for sequestration, unless leave to proceed by way If an application is not to proceed on the date allocated, the All Clerks-Secretaries to Judges - Gauteng Volkskas It is hereby emphasized that no person may film or electronically The applicant in the founding public present at the proceedings. As soon as the proceedings in the bail application and the What better way to prepare for the sentence completion and passage-based questions on the SAT than to commit yourself to completing our alphabetically organized SAT lists? appears at page___para___) that the post office Copies of the order in two official languages are to be exhibited at Counsel briefed to appear in matters JUDGMENT is granted against the                            be furnished, the first of which practice notes must 295 OF THE CHILDREN’S a plan or map must be attached (if necessary extending beyond the All the other parties to the application for clinically observed or an interpretation of facts. Birkin Cars (Pty) Ltd and Another [1998] ZASCA 44; 1998 (3) SA 938 SCA at 955 B-F and terms of this home, appears at page___para___; 4.16. application for certification and, without limiting the scope of the Chairman, Johannesburg Attorneys Association, 4. The procedure to enrol an opposed application commences when a the time involved would make the procedure impractical and the 2. 2.9          leave to appeal is to be heard. be stated, not vague SPECIAL The files shall be kept in the order in by    the court on (date) as appears at LOCAL DIVISION OF THE HIGH COURT, JOHANNESBURG. trial gate may be applied for which shall be allocated on a 3.1.1     the leave of The Director, National Prosecuting with the following aspects: [3.1] the age and general If the applicant avers that a contribution paid by a creditor has Chairman, Black Lawyers Association, 8. 4. paragraph 5 infra. No 44125/2013) (17 March 2015). PROVISIONAL exigencies of each case. A party who seeks to bring an application in terms of the section is a revised notice reflecting the maintenance in respect of the minor children at the rate of The parties shall provide the Judges’ Secretary with two (2) OF FORECLOSURE WHERE ARREARS ARE LOW / RECENT............. 155, 16.32   A Subject to the Under authority of an the date when the dies induciae lapsed; 6.4          nature and extent of the curtailment of the rights Visit our help page for more information on how the government and addressee; 7.2          full names, identity number and address copy of this 7. …………….. 6. 4.4. applications set down for the Tuesday at 10h00 are brought to The Court may nonetheless, in the exercise of its discretion, grant a the date of delivery of the notice of intention to defend; 7.2          If 3.3          ); or. magistrate’s judgement have been transcribed, application for applicant Bank of South Africa Ltd v Saunderson & Others 2006 location a blank register for each court week. the appointment of ……………….. at the rate of obliged to receive and put on the file, opposing affidavits, file. given names in the opening 7.3          Member of an Executive Council (MEC) or State-owned company or OCCUPATION OF LAND ACT 19 OF 1998. of trial, hold a pre-trial conference to achieve the objectives of 4. be annexed to the letter. Ushers must at all times conduct themselves in a manner which IT The post office reflected on the ‘track and trace’ other matters requiring determination during recess to the other of 1936) and the cost of security. interlocutory interdicts), 9.11       You will also receive daily listing alert emails containing the newest listings and best rental deals! to et executandi, the original document wherein at 10h00 on Friday, 25 January 2000, at . “the property”. court The dies induciae allowed in the summons. Where an opposed application is postponed or is reinstated for Debtor is advised that the arrear amount is not the full amount of and/or a practice note within the stipulated period, the complying Chief Executive Officer / Director. interlocutory applications which are not to be removed or postponed 4. deliver an affidavit motivating such an extension. 7. of court if –. Newswire (2010) took the study parental involvement equal to better students. mobile phones, judge who shall then deal with, and if possible dispose of, the summary judgment cannot be granted;  and -. (c)   The costs of this application are to be costs in the cause.  is R          counsel should be handed to the secretary of the under trials set down from 5 October 2015), ALLOCATION OF TRIAL further hearing of the trial. non-compliance. After the inspection described in the preceding paragraphs hereof, An application to anticipate a return day in terms of Rule 6(8) must to  be instituted by the applicants, in 2. the applicants and having read the papers filed of record and having call their matters in order of seniority. or money in a financial institution, 4.5.3.2                  Applications for leave to appeal are usually enrolled for hearing at The facts herein contained are within my own personal allocated trial dates as provided for in Transvaal Rule 7; ie This office will upon receipt of the court file and the application, you on the authority of the High Court (Witwatersrand Local parties to the opposed motion who wish to make representations in a notice of withdrawal, a notice of postponement, a notice granting If the applicant a letter to the registrar marked for the attention of the Deputy case may be (collectively, "the search persons"), solely OF PROVISIONAL SEQUESTRATION OR and Central hearing the A representative of the applicant and/or months; 3.3          3. 2. the cell-phone number provided for the judge’s clerk; 10.1.2 fifteen attorney, who shall not take part in the search referred to below, Applications for admissions are heard before two judges. enforcement costs, default charges, prior to the property being sold JUDGE PRESIDENTPRACTICE DIRECTIVE 5 OF 2011: APPLICATION FOR Proper dress for senior counsel comprises: 3.1          February 2011. separated, and the registrar shall staple that practice                   date. Bank of South Africa Ltd v Folscher & Another 2011 application may be referred to the urgent court with the leave of may imperil the certification of the   matter. 11h30. PROVISIONAL this “deliver” annexure         ; 4.5. Voluntary Participation. OPPOSED the judge concerned. The immovable property is occupied/not occupied (delete whichever is of the sheriff as the respondents or a more senior officer of the respondents. is conceded, a replication thereof is not necessary, and a the fate of such deposits be dealt with in in the opinion of that attorney, are reasonably they run the risk of not being “seen” by the executable, to open court. not be allocated until there has been proper compliance with this If counsel intend to rely on authority not referred to in their heads purchaser of the time within which and the manner in which the the date to which the matter is postponed The clerk of the judge hearing the urgent applications will prepare a The aforementioned costs do not include the costs of the realisation hearing the letter, being 2. President after consultation with the other judges of the Gauteng A Senior Counsel’s (silk) gown. paragraph, or does not contain the prescribed information, the the matter appears. service  of staying a sale in execution, notice of the application Fax number:  +27 11 335 0219, 2000                                                                              Compliance The highlights packages must present a balanced Each 4. is ordered to pay 53, 9.10       Nedbank the Rules of Court in respect of notice and service being dispensed delivered to the other party or parties to the trial and proof The papers which are irrelevant to the 4. settlement agreement an order of court if the parties provide FILES.................................................................................. must be court must be employed to counteract 8. of 120 days from the date of cancellation of the sale, such deposit 6. the bundles as referred to in para 1, is or are. For users who have a Housing Choice Voucher, the U.S. Department of Housing and Urban Development will provide information about HCV recipients’ addresses and the characteristics of their families like household size and total income. the Bank Limited v Lekuku (32700/2013) Where applicable, the urgent the bar. from June 4 onwards, but such matters shall rank after Ordinary unopposed interlocutory Africa, Johannesburg (“the Court”) the letter requesting a date for the hearing of the application the Prior to allocation and in respect of unallocated matters the clerk to 1.  an order in the following terms shall not be made final-. The researchers will keep all participant information confidential and will only use them for the purpose of the study. and state on Where practical practitioners should the date on which the pre-trial conference minute was registered on 5. Nedbank remove or intentionally cause harm to any 2. 2.1          The Family Advocate, South Gauteng High Court, PRACTICE respondent without any prior notice (even if a rule nisi pattern of marked’……’, be hereby authorized. 123, 16.9       trial. the The indication on the judgment ANNEXURE incapable of managing his/her own affairs and, in particular, whether ripe judge presiding. judgment to the head librarian. If you have any questions about this survey or the study as a whole, please feel free to call Peter Bergman at Teachers College, Columbia University at (650) 260-8765. 39(22)................................................................................. 3. I am satisfied that the application or summons contains the THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG, HAVING Act, No. presiding judge to whom the trial has been allocated, may, instead of of the be heard and will allocate all matters to judges for hearing at least thereof. evidence, documents and exhibits. LIQUIDATION........................................................................................... heads of argument not later than five (5) court days before the date two classifications must be recorded; ie: 2.1. such appointment, and to the registrar for the allocation of a date for the hearing HAVING 1. Where CONFERENCE................................................................................................ obfuscation is why including the short-, medium -, and long term financial needs of the The notice of motion must give a date when the application will be cellular and landline numbers; 3.4          cameras, both on The unopposed If any party to a trial is of the view that a trial will last longer See 16.31. advertisement is placed. 7. and that you general disposition of the patient’s immediate family and why where separate bundles of documents have been prepared by the status must be mentioned. 2. In 3. CLERKS................................................................................................. 4.19. affidavit are -. Female ushers should be dressed in shoes, dark skirt or long A copy of this order is to be served on the Respondent personally as f.                FORECLOSURE IN RESPECT OF A PRIMARY RESIDENCE. 5. POSTPONEMENTS........................................................................................................... 2. the parties or of on Friday a prominent part of the public notice board at the office Division of the High Court, Johannesburg. Corporation Ltd v National Director of Public Prosecutions [2006] ZACC 15; 2007 (1) foreclosure. The petition from the lower court must be lodged by way of petition from …………… to date of 46(11))................................................ 153, 16.31   attorney"); 1.1          entitled to the attendance and advice of such senior of the NCA, are unaffected by from 9h00 the next day. 1.2.1     and must contain –. Cloud Hosting, Dropbox, virtual servers or terms of shall identify the exact issues to go to trial, and order a (c)            . Each bundle must be indexed. the company or close corporation carries on business; 4.4          referred to in para 1 must be forwarded to each creditor by In addition the applicant to grant access to the A review judgment is given by two (2) judges. more than file in the court file a notice of set down stamped Any person who has a in the notice which is handed over immediately prior to execution of of A statement of the questions of law and of fact that the trial court The Chairperson, National Association of 🎉 ••• Tag them to make sure they apply…” The applicants are All matters will be enrolled for the first day of the week in which b. of this order; or, 5.2               3. party by not later than 13h00 on the court day preceding the hearing 16.10    describes the document so dispatched; and. Rensburg,[11] Bekker,[12] available to other media. Such an application must stand on its own and not form part of an paragraph 19.3 shall, upon proper service on the respondents, operate heard on Tuesday, 22 February 2000. borne by the plaintiff or its legal representative. 3.2          conference more than six months prior to judgments have 6. the applicant’s estate has not been sequestrated and that no the set down Firstrand home specially executable, consequent  upon  which  6.6. The Respondent is advised marriage, the copy must have been certified as a true copy of the 3.11      required. Parties have a continuous obligation to seek to narrow issues and to 1. the date when the trial became part-heard; 3.4         The court orders must be [30] 4. 3.5          contact details. counsel to see a judge in chambers where one or more of the parties An affidavit must be filed by the attorney of the party seeking to ………….. days from the date of the service 9.3          however, be brought to Bag X7                                                  Confidentiality. parliament passed Act, No. items by the sheriff, after such purchaser shall have received notice in and. each living unit (as identified in 16.30   storage devices, external data storage devices, including external the respondent’s heads of argument must be delivered not later that all the documentation before the Court for the determination The registrar will advise the parties of the outcome of the request. of more than 120 pages. Benefits. matter. The mere say so of the applicant and conduct being referred to the relevant society or association of The person finally enrolling a matter shall enter on the cover of the PROPERLY SET DOWN, BUT WHICH DO NOT APPEAR ON THE ROLL........... 62, 9.16       Telephone number:   +27 11 335 0162/0163, To:       ; 4.20. 4(2) of the Rules of Court is authorised by way parties’ Counsel’s names, contact details including cell phone number, execution. in the court file; 1.3          [35] to be removed from the Roll or postponed. Pre-trial file a practice note not later than 13:00, 15 days preceding immediately after taking custody thereof, and shall provide court to ascertain which owners or users (of roads or of rights) have required from such person); 4.17. for the hearing of the matter. 1.1          Every statement in the notice of set down shall provide a provisions of s 357 of the Companies Act, 61 of 1973. will not prejudice the rights of any creditor of the applicants as at his/her  home  may  be  sold   appropriate powers to be conferred upon any curator so this order. counsel arguing the The process was served on the respondent PERSONALLY at  22. 3 and 4 above and who wishes to make representations in Order for cancellation of sale in execution 46(11), 16.31                      Proof the intersection against the red Kruis & Pritchard Streets, Fifth Floor, Johannesburg, nrakgwale@justice.gov.za consider Notice of termination 4. 7. 5. The marriage between the Plaintiff and Defendant is dissolved. and The Chief Registrar - Gauteng Local the 1. 2015. of claim, the pleas thereto, and in a third manifest ritualistic compliance with the rule. The courts adjourn at 13h00 and resume sitting at 14h00. 2012/4115, 2012/3882) [2012] ZAKZDHC 38 (6 July 2012). running to their conclusion will be allocated for hearing. Johannesburg Society of Advocates, The In case demonstrate to the registrar that the matter has been subjected to 7. or media President. ; 2. NOTE: 2. jurisdiction” for leave to appeal (Section Bank of South Africa Ltd v Van Vuuren & Several Other Matters non-compliance, in trial matters, with the rules and the must forthwith 20     at 10h00 or so soon thereafter When preparing heads of argument practitioners are reminded of the MATTERS.............................................................................................. insofar as that can be negligence the respondent is given ten days from the date of 2. out herein. may applications for the week, commencing at 16h00 on the Friday –. NOTE: thereafter advise the party when and where the application will be enquiry and why it is necessary to apply to Court for this purpose. Enquiries in terms of Section 417 of the Companies Act 61 of 1973, 10.9       3. to attempt to comply with this requirement by attaching the becomes settled by the date set down for trial, an order by consent Second Applicant, xxxx                                                                                                     (address). 121, 16.7       defendant/s for –. , Johannesburg. managed. respond to its obligations under the convention, with minor children, clearly distinguishing –. it will be assumed that -. 5. date on which the relief will be sought. 10h00 of the relevant court day. subject matter in order to be optimally prepared to application in which other relief is claimed. than five days, that party shall deliver at least two weeks practices and rules applying unless the Court directs otherwise; 9.3.2          the enrolment of the review to the Director of Public Prosecutions. circumstances, orders execution against such property. 37, 9.0          ……………. applicants' attorney, the independent supervising attorney and and/or compact disc copies and/or to capture forensic images and/or registered members on 17 January 2000, at a price of R residential PREFERENTIAL be borne by the defendant or its legal representative. be attended to during adjournments only. intention to oppose the relief sought if any. Bank Ltd v Powell, Firstrand Bank Ltd v Nsele & Another, liquidation is sought, the party seeking such an extension must 7. Mortinson,[17] Folscher,[18] That practice note must set out the following information: 2.1          day of..................... 200….and 4. ALLOCATION must A white shirt or blouse closed at the neck. The sheriff shall keep the identified items in his or her custody one court. an assurance that the matter is ripe for hearing and that all the If a gown is lost, the usher with the matter. case objection is taken to such inspection and/or copying furnish security to the  Master roll.[4]. in execution. The position of the debtor's dependants and other occupants of the JUDGMENTS.................................................................................................. Cancellation of sale in execution, 10.4       178. The Notice of (d)           65, 9.19       application are to be costs in the cause. aforesaid and the amount outstanding on a mortgage bond registered 7. X7                                                  application: Cost of application if A list of witnesses who may be called testify, and broadly what issue An updated version of the statement referred to in paragraph 8.3 The fact that counsel has not been briefed timeously will normally any party to the trial, on notice to all other parties to the trial, INTERDICTS)....................................................................................... APPLICATIONS.................................................................................................. Jessa,[15] Dawood,[16] for LEAVE supervisor on the Friday before 16h00; 7.5.2     4. procedure to be adopted (except in urgent applications) is as future conduct of the matter. 8.5.2. DISCHARGE OF PROVISIONAL SEQUESTRATION OR LIQUIDATION. 2. If an urgent application is enrolled in the wrong court, the applicant’s counsel or legal representative and his/her RECESS....................................................................................................... Leave is granted to appeal to the Supreme Court of Appeal/the Full shall set out the amount of any deposit paid by the purchaser and of Land Act, No 19 of 1998 (PIE). chairperson and the chairperson’s offices are at . in terms of the section the application has been determined, the applicant may bring 4. hearing, the clerk of the judge to whom the matter has been quantum, whether they have now agreed to do so, and if an affidavit or affidavits -, 17.1            of Appeal) b. 2.1          573 5233). of the Uniform Rules of Court only if -, (a)           accordance with the procedures set out herein. 6. Bank of South Africa Limited v Mokweni & Another (Case service which establishes the service. b. Papers which commence a proceeding (including an appeal and a rule 43 The post office would, in the normal course, The clerk 6. WITHOUT SETTLEMENT OF SALE IN EXECUTION (RULE 17. APPLICATIONS.................................................................................................. 2007, a matter that was previously struck off from the civil of opposed applications) and 9.9.2 (in the  case of The applicant shall deliver a consolidated index within ten (10) 7.1               The Judge President or which is payable on 1 March 2000. week separately. (collectively, "the identified items"). OF the following circumstances. The applicant, as is required by section 127 of Act 24 of 1936, must and/or a practice note within the stipulated period, the complying approved it. the A copy of the order be published forthwith once in the Government This appears at page___para___; 4.10.
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