Tegan Schultz

Our team led by LAI CHEE HOE has successfully overturned the High Court decision of Pearl Suria at the Court of Appeal. The Court of Appeal agreed that the test to determine charges is not a rigid one and should be guided by "just and reasonable" test. The Court of Appeal decision was subsequently appealed against. At the Federal Court hearing on 19.3.2024, our team is again led by LAI CHEE HOE argued why leave ought not be given. After hearing parties leave was dismissed and the Court Of Appeal order stays. A copy of the reported grounds of the Court of Appeal is attached below. Now Management Corporation and Developer during Preliminary Management Period can rely on Section 60(3)(b) SMA 2013 and re-look at how charges should be determined. It no longer is the strict approach of taking the total expenditure in the entire scheme and divide over the aggregate share units of the whole strata scheme.

4

A: Yes, when you send the Letter Before Action, you are advising your debtor that your next step is to seek legal redress through the courts, without further notice, unless the matter is satisfactorily resolved within the next 14 days. For more FAQ's visit our frequently asked questions page on the link below. https://zurl.co/KR18 #Enforcement #FAQ #Debtor #DebtCollection #Legal #TheSheriffsOffice

3

𝗗𝗶𝘀𝗽𝘂𝘁𝗲𝘀 𝗮𝗿𝗲 𝗿𝗮𝗿𝗲𝗹𝘆 𝗮 𝘀𝘁𝗿𝗮𝗶𝗴𝗵𝘁 𝗹𝗶𝗻𝗲 𝘁𝗼 𝘁𝗵𝗲 𝗰𝗼𝘂𝗿𝘁𝗿𝗼𝗼𝗺. Couples may be surprised to know that there are a variety of out-of-court options to suit individual circumstances, budgets, and timelines. Did you know that on 29 April 2024, the judiciary brought in new rules regarding use of alternative methods to court? The idea is to encourage separated couples to step away from court process and into an alternative dispute resolution process to try and ease pressure on the court system. Here is our short summary guide below. Prettys welcomes these changes because our Family Team have long encouraged and advocated for the use of alternative dispute resolution options for clients. Our team has extensive experience of all methods of dispute resolution in and out of court – and we have a dedicated mediation practice - and so can offer every client a wide variety of tailored choices. Read the full article by following the link in the comments ⤵ #NCDR #FamilyLaw #Separation #NonCourtResoluction Follow Partner and Head of Family Law ➡ Georgina Rayment for more insights

18

1 Comment

Understanding the differences between unprotected and protected strikes in term of the Labour Relations Act is crucial in determining the effects such action may have on both the employer and its employees. Whilst employees are Constitutionally entitled to protest through strike action this right is not absolute. To better appreciate the differences between protected and unprotected strikes, read our latest informative article written by one of our candidate attorneys Gregory Barnett!

14

PART 2: Representation at the CCMA In this instalment, we explore the intricacies of arbitration, the second process employed by the CCMA. Click here to read more: https://bit.ly/3WojnXr

3

#Interview | Lucinde Rhoodie, Director in the Dispute Resolution practice joined Simon Brown on Moneyweb and was also featured on Daily Maverick discussing The ball is in our courts: How Section 20(9) of the Companies Act empowers courts to unmask corporate identity.   Lucinde states that the cornerstone of South African corporate law is the separate legal existence of a company from its directors and shareholders. She adds that unless a director or shareholder signs a suretyship or guarantee in favour of the company, they cannot be held liable for its debts, except in cases of unlawful actions.   Lucinde further explains that 'piercing the corporate veil' refers not only to courts looking beyond the company's separate legal entity to hold its shareholders or directors liable but can also include collapsing a group of companies into one entity to hold all liable. Click here for the interviews - https://bit.ly/3RH6DYO #CorporateIdentity #Shareholders #LegalEntity #CompaniesAct  

63

Up until February of this year, 40 years of ‘received wisdom’ assumed there was no formal time limit for bringing unfair prejudice petitions. That all changed with the landmark Zedra case, which saw the Court of Appeal decide that such petitions are subject to the statutory time limits set out under the Limitation Act of 1980. Recently, our Dispute Resolution team successfully acted for a petitioner in what we believe to be the first reported case of courts applying the principles from Zedra. Partner and Head of Commercial Disputes Adam Finch and Solicitor Chloe Cottle have outlined the nature of both legal decisions and their implications for future unfair prejudice petitions. Read the full article on our website: https://lnkd.in/d368UTKt #UnfairPrejudice #DisputeResolution

52

1 Comment

What does the law say about impersonating legal practitioners and the power of a magistrate to order an arrest? Taking into consideration two major issues: What does the law say about falsely representing oneself as a barrister and solicitor? Whether the arrest ordered by the Magistrate was lawful? Michael E. Ikpenyi proferred answers to these distilled issues in his article published on LawGlobal Hub's website: https://lnkd.in/dbSvPuEn #impersonation #criminallaw #lawglobal #LegalPractitioner

14

Can I Still Get A Court Appointed Attorney If I Make Bond? - YES: You are entitled to court-appointed counsel regardless of making a bond: One misconception is that if you make a bond, you are not eligible for court-appointed counsel. This is absolutely false. Making a bond and qualifying for a court-appointed attorney are two separate factors, and one does not negate the other. Push for a court-appointed attorney if you need one: It's crucial to advocate for yourself or your loved one if you require a court-appointed attorney. Don't let the misconception that making a bond disqualifies you from this right deter you. Representing yourself in a criminal court is not advisable, so it's important to ensure you have proper legal representation. Utilize resources like the BailBondBidsNow Marketplace: If you find your Loved One in a bind and need assistance with bail, platforms like BailBondBidsNow can be incredibly helpful. By inputting information on time allows bail bond companies to compete for your business, offering more competitive different terms, prices, and payment plans to suit your needs. #BailBondBidsNow

1

⚖️ Exemplary Litigation Services, Proven Results! At JJ & Co., we recognise that litigation demands rigorous analysis, strategic foresight, and an unwavering commitment to justice. Our litigation practice spans a broad spectrum, from complex commercial disputes and constitutional challenges to service law matters. Our approach prioritises: In-depth Case Analysis: We meticulously assess each case's unique facets to develop a strategy aligned with our clients' objectives. Transparent Communication: Clients are kept fully informed, with a focus on clarity and mutual understanding at every stage of the process. A Proven Record of Success: Our litigation team is equipped with the expertise and dedication required to secure favourable outcomes. For those navigating legal disputes, JJ & Co. offers a trusted partnership grounded in experience and integrity. Connect with us today to discuss how we can assist with your litigation needs.

11

1 Comment

Adhoc Arbitrations | Mediations | Chairing Services Arbitration clause in your client’s contract does not refer to a specific institution to arbitrate the matter? Do you require an adhoc arbitrator to arbitrate your client’s commercial, construction and private labour matter? Contact CDRS. Has your client’s matter been referred to mediation? Does your client’s agreement require your client to mediation before turning to litigation? Contact CDRS. Contact CDRS today for all your client's adhoc arbitration, mediation and chairing service's needs. https://cdrs.co.za #adhocarbitrations #paizesattorneys #MediationServices #adhocarbitration #adr #CDRS #alternativedisputeresolution

3

Appeal is the judicial reaffirmation of a judgement, verdict, ruling or decision of the court below. Worthy of note is that some courts are statutorily clothed with the judicial garment of reviewing the decision of the lower court, e.g. Appeal Court and the Supreme Court. Ega Chinedu Bright wrote extensively on the fundamentals of appeal. Highly informative article published on LawGlobal Hub's website: https://lnkd.in/dUXhfptY #Appeal #SupremeCourt #Verdict #lawglobal

5

Unmarried partners are not automatically recognised as next of kin. Without a Will, your assets could go to your legal relatives, leaving your partner with nothing. A Will can explicitly name your partner as a beneficiary, ensuring they receive what you intend for them.

1

In the practice notes column, Legal Practitioner, Vuyo Sobantu gives a brief commentary of the Divorce Amendment Act 1 of 2024. https://lnkd.in/deG-KFu6

5