IN THE NEWS
Unpacking the legal standing of beneficiaries in trust and estate disputes
When a trust suffers a loss - through negligence, misconduct or mismanagement - can the beneficiaries take legal action directly against a third party? The answer is nuanced, and recent legal developments, such as the McCann v McCann case in the KwaZulu-Natal High Court, is bringing new clarity to the rights and remedies available to ... Read more
Faults, flaws and voetstoots – what you need to know when selling or buying a property
Many sellers (and buyers) find themselves in murky waters around understanding their rights and obligations ... Read more
Sowing seeds for the future: unravelling estate planning challenges for farmers
While the reading of a will might make for great cinematic drama reminiscent of an ... Read more
The company that owes me money has been liquidated, now what?
Useful mechanisms for creditors dealing with insolvent companies Commissions of Enquiry as set out in ... Read more
The whole truth and nothing but the truth
Insolvency enquiries and investigations The provisions of the Companies Act create an effective system for tracing missing assets of a company and generally revealing the ... Read more
New Rule of Court forces South Africans to consider Mediation as a form of dispute resolution before turning to courts.
An amendment by the Rules Board for Courts of Law, who regulate the conduct of the proceedings of South African courts will compel individuals to ... Read more
Property agreements – make sure your ‘house’ is in order before signing an agreement
Despite the depressed property climate in South Africa, there seems to be an upswing in property market conditions, buoyed by more lenient lending criteria, lower ... Read more
South Africans soon to be forced to consider mediation before turning to courts
The Rules Board for Courts of Law has issued a draft rule proposing a new Rule that will compel South Africans to declare that they ... Read more
Contractors’ Guarantees a must-have for building agreements
“Embarking on building renovations or building a new home without a comprehensive contract, including stipulated construction guarantees is very dangerous.” That’s according to attorney PJ ... Read more
A warning against using online templates and DIY contracts
Besides the fact that many attorneys begin drafting client agreements from templates accumulated from years of experience and refinement, it is wise to spend the ... Read more
Directors’ Liability Insurance – it’s in the detail
The duties and liability of company directors were codified by the Companies Act of 2008, The Act identifies three major principles, being: the standards to ... Read more
A case for mediation – neighbourly disputes
Love thy neighbour, or not There inevitably comes a time when we have a dispute of some kind with our neighbours, be it the yapping ... Read more
A case for mediation – After the Divorce
After the divorce It's over. You've signed the divorce papers, and the relationship you entered into with so much optimism is officially ended. Everyone's divorce ... Read more
A case for mediation – Matrimony
Mediation should be your first course of action when considering divorce proceedings You know the saying, ‘There are always three sides to a story’ – ... Read more
Draft Companies Act Amendment Bill released for comment
The long awaited Companies Act Amendment Bill of 2018 which aims to amend the Companies Act 2008 and is expected to clear up some of ... Read more
Knowing a few legal concepts can save you time and money
Application or Action - know the difference You are not alone if you’ve found yourself caught dumbfounded in the middle of legal-talk between attorneys, simply ... Read more
No ducking and diving – stick to the rules of insolvency
The Covid crisis has had an overwhelming impact on local business with corporate South Africa struggling to keep its head above water and the wolves at bay. With no clear indication as to how the lockdown process will further impact businesses in the coming months, an understanding of the law of insolvency can provide much clarity on the available options for companies that find themselves in financial difficulties, giving them advice on how to dispose of assets legally.
Business Rescue, liquidation or survival – time to make the call?
Big corporation or small enterprise - no business is immune to the current financial disaster 2020 has chauffeured in. We’ve seen the business rescue troubles of SAA unravel before our locked-down eyes, EDCON and Comair sending up an SOS flare and reports of indeterminable businesses ... Read more
Alternative Dispute Resolutions, a solution to your legal matters during lockdown
With the courts only open for the hearing of urgent applications or matters relating to violations of liberty, domestic violence, maintenance and matters involving children during the Covid-19 lockdown period, now more than ever finding alternative methods of resolving disputes and managing your legal affairs ... Read more
Don’t mince your words when making those payment holiday requests
Financial managers are going to be kept busy over the next few months, prioritising payments, hopefully keeping people in their jobs, and managing the expected COVID 19 financial disaster. In negotiations with landlords, banks, financial institutions and creditors, PJ Veldhuizen of attorney firm Gillan and ... Read more
The whole truth and nothing but the truth
Insolvency enquiries and investigations The provisions of the Companies Act create an effective system for tracing missing assets of a company and generally revealing the circumstances that led to insolvency of a company and whether there was unlawful conduct by directors or other persons. The ... Read more
New Rule of Court forces South Africans to consider Mediation as a form of dispute resolution before turning to courts.
An amendment by the Rules Board for Courts of Law, who regulate the conduct of the proceedings of South African courts will compel individuals to declare that they have considered mediation as a solution to any forthcoming legal matter before commencing litigation steps. The Uniform ... Read more
Property agreements – make sure your ‘house’ is in order before signing an agreement
Despite the depressed property climate in South Africa, there seems to be an upswing in property market conditions, buoyed by more lenient lending criteria, lower house prices and steady interest rates. This is attractive to first-time buyers, and residential and commercial property investors alike. Regardless ... Read more
South Africans soon to be forced to consider mediation before turning to courts
The Rules Board for Courts of Law has issued a draft rule proposing a new Rule that will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter and, if not, the court itself is obligated to ... Read more
Contractors’ Guarantees a must-have for building agreements
“Embarking on building renovations or building a new home without a comprehensive contract, including stipulated construction guarantees is very dangerous.” That’s according to attorney PJ Veldhuizen of Gillan and Veldhuizen Inc., who have represented many clients involved in legal battles with building contractors who, despite ... Read more
A warning against using online templates and DIY contracts
Besides the fact that many attorneys begin drafting client agreements from templates accumulated from years of experience and refinement, it is wise to spend the money and take the time to consult an attorney to attend to the drafting of your personal or commercial contracts ... Read more
Directors’ Liability Insurance – it’s in the detail
The duties and liability of company directors were codified by the Companies Act of 2008, The Act identifies three major principles, being: the standards to be expected from a director; the director’s duty to separate his or her financial interests from those of the company; ... Read more
A case for mediation – neighbourly disputes
Love thy neighbour, or not There inevitably comes a time when we have a dispute of some kind with our neighbours, be it the yapping dog, the loud music, the tree that sheds copious amounts of leaves or a obstructs your view, the cat who ... Read more