Practice Areas

Commercial & Corporate Law

At some point, every business will need a commercial lawyer for their business. Whether you are hiring new staff, negotiating business contracts or selling a portion of your company, you need an experienced legal expert to advise you, prepare your legal documents and protect your legal rights. Avoiding the potential consequences of a bad contract and getting more favourable terms for your business starts with having access to a legal specialist.

Our services include:

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The Drafting and Negotiating of Contracts

Our corporate attorneys will guide you on all contracts, written and oral, that may impact on your business. If a party fails to perform their duties under a contract or agreement, we will provide legal representation should you need to pursue a breach of contract case.

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Research and Legal Opinions on Agreements

The litigation and arbitration of issues pertaining to agreements needs to be carefully negotiated. Whether you are dealing with a one-page contract between an employer and employee or a complex, multi-party commercial contract between a number of stakeholders and companies, our commercial litigation team can represent and assist you.
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Litigation Relating to Commercial Law

As corporate attorneys, we know that our clients often want to do everything possible to avoid potentially time-consuming and costly litigation cases. Before taking a matter to court, our team of commercial lawyers goes through a number of dispute resolution processes so that any matter can be resolved as smoothly and efficiently as possible.
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High Court and Magistrates Court Litigation

We provide comprehensive civil litigation services in various litigation forums, including:

  • High Court Litigation; and
  • Magistrate Court Litigation.

Our skills are far reaching and include experience in a variety of civil matters, to name but a few, such as:
 

  • Applications for rescission of judgment;
  • Commercial and residential evictions;
  • Third party claims;
  • Commercial litigation;
  • Insolvencies;
  • Sequestration,;
  • Business rescue and rehabilitation; and
  • Applications and claims for damages.

We deal with both spheres of law pertaining to law suits based on the application procedure as well as law suits based on the action procedure, the latter, which primarily proceeds to trial should the settlement process not be forthcoming. Our civil litigation department ensures that it assists and guides our clients through the entire civil litigation process which essentially entails pursuing the non-criminal route. Once all reasonable endeavors have been pursued and exhausted, and settlement negotiations no longer remain a viable option, we ensure that we speedily and effectively comply with all the necessary steps to bring the entire legal process to finality. We assist our clients with the initiation of legal processes. Alternatively, in the carrying forth of viable defenses or oppositions depending on whether a High Court or Magistrate Court action or application process is followed. We ensure that we provide the utmost quality of service to ensure that our client’s claims, alternatively, defences are upheld.

Family Law

As experienced Family Law Attorneys, our team regularly helps people and families who need legal guidance in terms of maintenance and divorce proceedings.

Maintenance

Maintenance is the obligation to provide for another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. If you are not married, or you are married but have not taken steps to file for divorce, you may approach the Maintenance Court for an order for maintenance for your children and/or for yourself. You will need to approach the court which is closest to where you live or work.

Divorce

A divorce action is instituted by the issuing of a summons. You can divorce in either the Regional Court that have jurisdiction in your area or in the High Court. To start the divorce process, you need to serve a Summons. A divorce summons is unique in that it must be served personally on the defendant by the sheriff of the court. In the Republic of South Africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the divorce.

There are many aspects of Family Law of which we assist which include:

  • Maintenance;
  • Divorces;
  • Parental responsibilities and rights;
  • Foster Care;
  • Universal partnerships; and
  • Domestic Violence – protection orders.

We have an expert team who is concerned with your best interests and well-being. We will do our best to understand and treat your matter with the utmost diligence and sensitivity as each case is different and we value all clients.

Labour Law

In ensuring that the passage of law is maintained and the protection of both employer and employee rights upheld, our team strives to provide our utmost in the provision of excellent services in the Labour & Employment Law sphere. We host a dedicated panel of attorneys that specializes in providing assistance and advice in both the public and private labour law sector.

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Our attorneys assist in dispute resolution in the following instances:

  • Private forums;
  • Statutory forums;
  • Bargaining councils;
  • The council for conciliation, mediation and arbitration (CCMA); and
  • Civil and labour courts.
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We ensure that rights and obligations in the working sphere are regulated and provide assistance and advice pertaining to, amongst others:

  • Unfair labour practices;
  • Retrenchments;
  • Salary disputes;
  • Harassment; and
  • Unfair dismissals.
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Our area of labour law expertise further includes:

  • Disciplinary investigations and enquiries; 
  • Drafting of a wide variety of employment-related policies, procedures, and contracts;
  • Restraints of trade; and
  • Legal advice on all existing and new employment related legislation.
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We also provide services for:

  • The chairing of disciplinary hearings;
  • Litigation stemming from:
    • Disputes surrounding dismissals, strikes and lock outs;
    • The review of CCMA and/or Bargaining Council; and
    • Arbitration awards.

Debt Collection

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We provide a variety of services to our clients to recover outstanding debt, inter alia:

  • Summons;
  • Consent to judgement;
  • Acknowledgement of debt;
  • Emolument attachment orders;
  • Garnishee order; and
  • A warrant of execution against movable and immovable property.

Our debt collection division has a swift, no-nonsense way of collecting monies. We pride ourselves on delivering prompt, efficient, simple and cost-effective solutions for our clients.

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Our debt collection division offer services include:

  • Issuing demands for the payment of any debts including debts in terms of the National Credit Act;
  • Issuing summonses;
  • Large scale commercial recoveries;
  • Negotiating commercial resolutions to debt disputes;
  • Recovering debt and advising clients on the processes to minimise arrears;
  • Arrangement of sales in execution;
  • Issue and serve of warrant and writs of execution;
  • Correspondent work.

In addition to acting on the behalf of creditors and liquidators, we act on behalf of schools and leading property managing agents to collect levies on their behalf.

Wills & Trusts

We provide comprehensive services in the accommodation of our client’s needs in wills, trusts and estates. In the providing of these services we consider it vital to enlighten our clients on the principles as well as the importance of being in possession of a valid and up-to-date will and a sound and financially planned estate and trust.

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Wills

A will is a written document that reflects one’s last wishes and commands in terms of how his/her assets are to be distributed among his/her heirs. For one’s last wishes and commands to be followed accordingly, it is critical that a valid and legal binding last will and testament is in place. To avoid any unwelcome surprises such as the intestate succession process from ensuing or the lengthy delays in the administration of an estate, a valid and legal binding will need to be present. Every person over the age of 16 who owns any assets, and who is of sound mind, should have a valid will. The validity of one’s last will and testament is the determining factor of whether one’s legacy will either be upheld or diminished.

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Trusts

Trusts are most commonly used to protect assets, preserve wealth and minimize any unnecessary estate taxes. To put it more simply, a trust is a fiduciary arrangement between the founder of the trust and the trustees and beneficiaries. A trust can protect and arrange the distribution or safekeeping of assets for the beneficiaries and future beneficiaries until it is the wish of its founder to distribute the assets.

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Estates

An estate exists of the net worth of a person’s wealth and debt at time of death. Before any assets of your estate can be distributed to the chosen beneficiaries, all outstanding debts will be deducted from your estate. It is thus crucial to do the necessary estate planning to avoid leaving your beneficiaries with unwanted debt.

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Remember

It is better to plan and make provision in advance than to leave your loved ones with unwanted surprises. Without the necessary and pro-active steps, your legacy and wealth could quite easily be destroyed. We can assist you with all the above to prevent unwanted surprises and unnecessary delays.

Liquidations & Business Rescue & Sequestrations

Companies and Close Corporations who fail to pass the Insolvency and Liquidity test, or are temporally financial distressed, or who’s liabilities exceed its assets (insolvent) can be either placed in Business Rescue under the supervision of a Business Rescue Practitioner, or be Liquidated depending upon the circumstances.

In the event of Business Rescue a moratorium is created which prohibits creditors to pursue with legal action and entitle the Company or Close Corporation some breathing space to get its finances in order with the assistance of a Business Rescue Practitioner, and within the ambit of the Companies Act. Liquidation means that the Company or Close Corporation will cease to exist and a liquidator is appointed to distribute the assets and liabilities.

We also assist clients who wish to become sequestrated or where applications are brought against such clients to sequestrate the estates.

Mining & Construction

Construction Law is a permutation of various fields of the law including commercial, contract and labour law. We advise clients on all construction agreements including GCC, NEC, JBCC and FIDIC, MBSA. Furthermore, we assist with the drafting of contractor and sub-contractor agreements, arbitration proceedings and high court litigation in respect of construction law.

Mining Law is a permutation of contract law, law of delict and the common law. We deal with the legal necessities that effect mining whilst taking into consideration all relevant legislation governing the Mining Sector.

Contact

Tel: 012 271 0200

Address

WJVR Law Chambers, 58 Lyttelton Road, Clubview, Centurion

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