Practice Notes

Can banks be held liable to a third-party creditor of an account holder for allowing funds held by them to be misappropriated by the account holder?

Is your money or money to which you have legal claim to safe in cases where you have warehoused it in another bank account that does not belong to you? […]

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Ex parte writ of execution for arrear maintenance against retirement funds

A recent case handed down by the Gauteng Local Division High Court confirmed the legal position dealing with giving a defaulting father notice that the mother (the respondent) intended to […]

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The rights of the non-parent

The position of the ‘non-parent’ is increasingly becoming more relevant in our day and age. ‘Non-parents’ are described as those individuals who play a role of caretaker in the lives […]

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Genericide: Could you be at risk of losing your trade mark?

Most of us use words such as Escalator, Flip Phone, Laundromat, and Sellotape as part of our daily vocabulary. What may come as a bit of a shock is that […]

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Administration and winding-up of a deceased estate

The administration of deceased estates is governed by the Administration of Estates Act 66 of 1965 (the Act). On the death of a person, the surviving spouse or nearest relative […]

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Can a car sold under finance, or a suspensive condition be attached and sold in execution by a Sheriff?

One of the primary duties of a Sheriff is to attach and sell in execution, property of a judgment debtor in accordance with a court order granted against the latter. […]

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The Act, the firms, and the Information Regulator: How s 57 of POPIA impedes legal practice

The Protection of Personal Information Act 4 of 2013 (POPIA) came into effect on 1 July 2020, with a one-year grace period, following much anticipation. Its commencement brought a frenzy […]

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Building solid foundations: The legal understanding of a ‘home’

According to the classic adage, ‘home is where the heart is’, however, the legal standard for determining whether a structure constitutes a ‘home’ is, thankfully, somewhat more sophisticated. It is […]

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Commissioning of oaths in the 21st century

In the recent High Court judgment of Knuttel NO and Others v Shana and Others (GJ) (unreported case no 38683/2020, 27-8-2021) (Katzew AJ), the court had to decide whether the […]

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Controversial new test for ‘ordinary course of business’

The Consumer Protection Act 68 of 2008 (CPA) provides a wide range of protections to consumers. It has a particularly complex set of legal rules, which determine when the Act […]

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