Tel: 086 144 4485 / 071 348 1558
info@hvdlaw.co.za


Services

MAGISTRATE’S & HIGH COURT LITIGATION:


We assist with all legal processes in both the Magistrate’s Court and High Court. This involve both action and application proceedings.

In action proceedings we will obtain Default Judgment in instances where the matter is undefended and in defended matters we assist clients all the way up to the Trial of the matter. Along the way we deal with all correspondence, the drafting of pleadings and all preparations for Trial.

We also assist clients with application proceedings. This involves the issue of a Notice of Motion wherein certain relief is requested together with a supporting affidavit which lays the foundation for this relief. We assist clients with the drafting of both the Notice of Motion and affidavit and attend to the enrollment and hearing of all applications. In some instances in the High Court, specifically in complex legal disputes, we make use of the services of highly capable advocates to assist with the drafting and arguing of applications.

We have dealt in the past, amongst others, with matters in respect of:

  • Motor Vehicle Accidents
  • Breach of Contract
  • Partnership Disputes
  • Eviction applications
  • Credit Agreements
  • Consumer disputes
  • Divorce matters
  • Building Contracts
  • Recovery of Unpaid loans

RESCISSION OF JUDGMENTS:


Our firm assist clients with the rescission of judgments that were granted against them in their absence. This include both matters where the judgment debt has been paid in full as well as those matters where the client disputes the judgment and need to contest the matter in court. We handle the full process from drafting the court application to the appearance in court. We enlist the services of highly capable advocates to assist with all High Court appearances. Once the judgment is rescinded we assist clients further to remove all adverse information from the records of the various Credit Bureaus.

EVICTIONS AND RENTAL DISPUTES:


We act mainly on behalf of landlords that require assistance with the eviction of unlawful occupants. This applies to both residential as well as commercial landlords. We follow the procedures as prescribed by the PIE Act with all residential evictions and we follow the procedures in terms of the Common Law with commercial evictions. We also assist landlords to collect unpaid rentals and to attach moveable property of defaulting tenants. We handle the full process from the initial letter of demand, the drafting of eviction applications as well as court appearances to obtain final eviction orders. We also assist tenants in instances where their legal rights have been prejudiced, for instance, where a landlord attempts an unlawful eviction. We have successfully handled eviction applications in various Gauteng courts.

LABOUR LAW:


We act on behalf of both employees and employers. Our focus is the resolution of labour disputes. This includes assistance with workplace discipline, chairing of disciplinary hearings, appearances at the CCMA during arbitration hearings and referrals to the Labour Court. We also assist employers with their general labour law requirements which includes the drafting of employment agreements, disciplinary codes as well as confidentiality agreements.

DRAFTING OF AGREEMENTS:


We believe that it is good business practice to record all transactions in writing. Failure to do so may put all parties to a transaction at risk. We therefore assist clients not only with the drafting of legally binding agreements but also with the process of negotiating these agreements. We strongly believe that the process of drafting agreements involves much more than simply completing information into existing precedents. In fact, we always advise our clients against the danger of this practice. Our aim is therefore to not only consider the applicable law when drafting agreements but also to draft agreements in a way that adequately protects the interests of our clients.

We assist clients with the drafting of, amongst others, the following agreements:

  • Sale of Business Agreements
  • Partnership Agreements
  • Lease Agreements (Residential and Commercial)
  • Membership Agreements
  • Shareholder Agreements
  • Terms and Conditions of business
  • Suretyship Agreements
  • Acknowledgments of Debt
  • Settlement Agreements
  • Employment Contracts

DIVORCE & FAMILY LAW


We assist clients with instituting and defending divorce actions in both the High and Regional Courts. We further assist clients with various issues relating to divorce actions such as maintenance claims, children’s rights and Rule 43 applications. Our services also include attending to settlement negotiations on behalf of clients and the drafting of settlement agreements. We appear in the Regional Divorce Courts on behalf of clients and enlist the services of advocates for all appearances in the High Courts.
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