Latest News & Insights - C&A Friedlander

The JBCC principal agent – powers and duties

June 30, 2022 by CAF in C & A Friedlander

The JBCC agreements have overwhelmed the South African construction industry, becoming required for contracts with the state and fast becoming the preferred contract suite for major and minor works throughout

Lien on me – a look into the builder’s lien and contractor’s rights

June 29, 2022 by CAF in C & A Friedlander

A contractor has a common law right to exercise what is commonly referred to as a “builder’s lien” over property of his employer, as security for payment for work carried

Challenge the fairness of a retrenchment process using section 189A(13)

May 30, 2022 by CAF in Labour & Employment Law

The Covid-19 pandemic brought about strict regulations and directives that restricted the travel and everyday operations of various companies in South Africa. This forced companies to develop a new business

Threshold amendments mean sparks for independent power producers

March 31, 2022 by CAF in Renewable Energy

Written by Raffaella Migliore As a result of the national utility company generating insufficient electricity to meet demand from increasingly aging infrastructure, South Africa has experienced 15 years of chronic

The on-line renewal of registrations for the manufacture and/or distribution of liquor in terms of the Liquor Act 59 of 2003

March 31, 2022 by CAF in Liquor Law

Written by Solly Epstein I stand in awe of present-day technological advances. This is understandable, considering I was admitted as an attorney in June 1968. At the time I commenced

Since it is the month of Valentine’s, let’s talk about making a move

February 25, 2022 by CAF in General & Commercial Litigation

Written by Isabella Black INTRODUCTION There may be an instance where a claim was incorrectly calculated and, as such, the court in which the claim was originally brought no longer

The rise of virtual litigation, courtesy of COVID-19

February 25, 2022 by CAF in General & Commercial Litigation

Written by Michael Owen The cogs of South Africa’s judicial system have remained untouched for decades, failing to stay abreast with modernity, and doing so at its own peril. However,

To perform or not to perform: The doctrine of supervening impossibility during COVID-19

January 27, 2022 by CAF in Contract Law

Written by Daniel Marcus As South Africa moves out of its 3rd Covid-19 wave and lockdown regulations remain in force, questions continue to be raised by individuals as to the

Being under the assumption that a lease agreement is due to terminate albeit prematurely; Can the status quo of the lease agreement be restored?

January 27, 2022 by CAF in Contract Law

Written by Darren Swartz It often happens where both parties to a contract incorrectly interpret a term, or err under a mistaken assumption, for example that a lease agreement is

November 26, 2021 by CAF in Tax Debt Management

The current economic climate has seen an increase in financial debt, with a large number of consumers being unable to meet their payment obligations to inter alia suppliers and/or lenders.

The law of subrogation: In who’s name should the insurer litigate?

November 26, 2021 by CAF in General & Commercial Litigation

Following English law, South African Law recognises the right of an insurer to step into the shoes of its insured in proceedings against third parties who are liable for damages

The execution of a Notarial Cession of Exclusive Use Area in the presence of a Notary Public

October 27, 2021 by CAF in Notarial Practice

A Notary Public is an admitted attorney who has passed the competency examination for Notarial Practice and is recognised as a Notary Public by the High Court of South Africa.

October 27, 2021 by CAF in Notarial Practice

A Notarial Tie Agreement is a notarial deed entered into by two or more parties, in terms of which a condition is registered against the title deeds of the relevant

Deceased estate property transfer: Inheriting vs purchasing

September 28, 2021 by CAF in Property & Developments Law

Covid has changed our reality. We find ourselves facing unexpected and often unimaginable obstacles. Having to wind up a loved one’s estate is one such obstacle many have been confronted

Know when to (sub)divide and conquer or sectionalise

September 28, 2021 by CAF in Property & Developments Law

As the demand for housing increases and the supply of suitable available land decreases, property owners who have large properties and unused space have an opportunity to capitalize on their

Decoding the definition of cryptocurrency in South Africa

August 20, 2021 by CAF in Company & Commercial Law

The definition of cryptocurrency It’s no secret that cryptocurrency has taken the world by storm, with investors around the globe trying their hand at trading the virtual currencies. One of

Revisiting the principle of force majeure in lease agreements given the recent unrest in South Africa

August 20, 2021 by CAF in Property & Developments Law

Along with the Covid-19 third wave and the associated harder lockdown restrictions, the shocking recent events in South Africa, namely, the violent looting and unrest during July, have undoubtedly forced

The importance of liquidation amid COVID-19

July 21, 2021 by CAF in Company & Commercial Law

Written by: Nadia Gava COVID-19 has had a devastating impact on South African businesses, leaving many with no option but to liquidate. Liquidation is a last resort for a company

Business Rescue in South Africa’s construction industry during the COVID-19 pandemic

July 21, 2021 by CAF in Company & Commercial Law

Written by: Michael Owen While South Africa’s construction industry showed a glimpse of its full potential during the run-up to the 2010 Soccer World Cup, there has been a shortage

June 29, 2021 by CAF in General & Commercial Litigation

Written by: Miles Manning A fundamental cornerstone of the rule of law is that no person may take the law into their own hands. Following this doctrine, if anyone takes

May 24, 2021 by CAF in Labour & Employment Law

Written by: Katleho Leeuw During 2020, under the strict Lockdown conditions, businesses were left unable to operate at normal capacity, which resulted in an increase in unemployment and unpaid wages

May 24, 2021 by CAF in Labour & Employment Law

Written by: Cornel van der Westhuizen Employers seeking clues as to the possible misconduct of their employees have often resorted to polygraph testing. These tests may provide some insight into

Should I put my trust (and assets) in a trust?

April 19, 2021 by CAF in Trust & Estates Law

The core idea of a trust is the separation of ownership (or control) from enjoyment. A trust is, by definition, a legal entity in which a person known as a

April 19, 2021 by CAF in Property & Developments Law

Are you considering cancelling your mortgage bond or settling the outstanding amount due in respect thereof? Bear in mind, there is a difference between the two. When you “settle a

Can I find relief while my divorce is still ongoing?

February 25, 2021 by CAF in General & Commercial Litigation

Is your divorce taking a long time to finalise? Do you have no form of income? Fortunately, in these circumstances the law provides the Rule 43 application as a simplified,

I can’t afford legal fees, is there another way?

February 25, 2021 by CAF in General & Commercial Litigation

As a litigator or a private third party, we are aware of the vast differences between Civil litigation and Commercial litigation, these differences include the involvement of businesses rather than

January 28, 2021 by CAF in Company & Commercial Law

Have you managed to stay in the loop? Long-standing restrictions on “loop” structures have been lifted following the release of Exchange Control Circular No. 1/2021 by the South African Reserve

January 28, 2021 by CAF in Company & Commercial Law

The wheels of justice turn, albeit not as quickly as some would prefer. Section 34 of the Constitution provides that everyone has the right to have any dispute that can

Notarial Practice – Seal the deal (literally) and make it official

December 7, 2020 by CAF in Notarial Practice

You’ve finally asked your partner to marry you and the answer was “YES!” but have you done your research on the matrimonial property regimes in South Africa? There are three

December 7, 2020 by CAF in Notarial Practice

What is a Notary Public? A Notary Public, commonly referred to as a Notary, is an attorney admitted and authorised by the High Court of South Africa after having written

October 28, 2020 by CAF in Criminal Law

Due to the attractively large sums of money involved in property transactions, conveyancing attorneys and clients alike are becoming popular targets for cybercriminals and scammers. The increasing volume of communication

Compliance certificates: How necessary are they when selling a property?

October 28, 2020 by CAF in Property & Developments Law

It is common knowledge that purchasers incur a number of expenses when buying a property, however, sellers should be mindful of their legal obligations when selling their properties too. One

September 28, 2020 by CAF in Insolvency & Business Rescue

Here is the scenario, you render services for company X, company X receives the service and makes payment. Happy days, the business has some money in the bank and now

Is business rescue a remedy for companies struggling due to COVID 19?

September 28, 2020 by CAF in Insolvency & Business Rescue

“The rescue of a business preserves jobs, provides creditors with a greater return based on higher going concern values of the enterprise, potentially produces a return for owners and obtains

The importance of a consolidated Covid-19 policy in the workplace

August 27, 2020 by CAF in Labour & Employment Law

The relief experienced following the president’s announcement that the country would move to Alert level-2 was greeted with great excitement; many immediately ensured the necessary arrangements were made with relatives

Arbitration agreements and their exceptions

August 27, 2020 by CAF in General & Commercial Litigation

Due to the high-pressure nature of the industry, construction projects often give rise to disputes. Resolving disputes in the Courts can be time-consuming and costly and this is, of course,

Business interruption: The battle of the insured v the insurer

July 29, 2020 by CAF in Insurance Law

In times as challenging as these, no business has been immune to the impacts of COVID-19 and the subsequent national lockdown. As in most instances of crises and subsequent losses,

July 29, 2020 by CAF in General & Commercial Litigation

The Protection of Personal Information Act 4 of 2013 (POPI) is legislation that was introduced to encourage the protection of personal information which is processed by both public and private bodies.

The risks of dying without a will (or a valid one at that)

March 30, 2020 by CAF in Trust & Estates Law

The truth of the matter is the following: Not having a will (or a valid one) at the time of your passing will, in all likelihood, have very little impact

Are you thinking of creating a will? Here is a quick read on some of the common wills.

March 30, 2020 by CAF in Trust & Estates Law

A will is a binding legal document that an individual uses to direct how their estate is to be distributed upon death or set forth their wishes when one is

Have you lost or destroyed your Title Deed? Here’s what all property owners should know

February 25, 2020 by CAF in Trust & Estates Law

A title deed serves as proof of your legal ownership over a property. When one wants to transfer a property, this document is of utmost importance.Regulation 68 of the Deeds

What to consider when attending to renovations on your property

February 25, 2020 by CAF in Property & Developments Law

When attending to any alterations, additions or construction work at your property, including the construction of a new building, the National Building Regulations and Building Standards Act 103 of 1977

The Aftermath: Resignation of a director and the surviving fiduciary duties

January 30, 2020 by CAF in Insolvency & Business Rescue

A fiduciary duty is an obligation to act in the best interest of another party. For example, a company’s board member has a fiduciary duty to the company’s shareholders, a trustee has a fiduciary duty to the trust’s beneficiaries,

Defamation, crimen injuria & social media

October 17, 2019 by CAF in Media & Entertainment Law

Over the past two years, we have witnessed a global backlash against gender-based violence that has garnered a significant public following. It is difficult not to get involved in such

Parents take heed – No more spanking in homes!

October 17, 2019 by CAF in Criminal Law

On 18 September 2019, the Constitutional Court upheld the judgment of the Gauteng High Court declaring the use of parental chastisement in homes unconstitutional. The judgment comes at a time

August 20, 2019 by CAF in Insolvency & Business Rescue

What is business rescue? Business Rescue was introduced to South Africa through the Companies Act in 2008. It was aimed at finding a solution for companies in financial distress, returning

August 20, 2019 by CAF in Insolvency & Business Rescue

Business Rescue proceedings? Surely, I’m covered with a surety! You have rendered efficient services to a company (“the company”) and now it’s time to send an invoice for your services.

July 19, 2019 by CAF in Property & Developments Law

Understanding the Purchase of a Property in a New Sectional Title Development For a Conveyancer, the process from the time of taking initial instructions from the Developer to negotiations of

Subdivision What are the steps that need to be followed

July 19, 2019 by CAF in Property & Developments Law

Often in areas such as the Bo-Kaap, Woodstock and Salt River, houses were built in rows on one erf and even though they comprise a few semidetached houses, they are

National Minimum Wage Act and Its Consequences

June 19, 2019 by CAF in Labour & Employment Law

For most of us, the 1st of January 2019 followed a routine night of year-end festivities and marked the beginning of our newfound optimism for the year ahead. However, the

Section 197: Transfer of a Business as a Going Concern: Does the baby get transferred with the bathwater?

June 19, 2019 by CAF in Company & Commercial Law

CEO’s, corporate executives and employers alike proficiently handle section 197 business transfers with the utmost care, carrying out their due diligence with meticulous attention to detail. The company or business

May 19, 2019 by CAF in Notarial Practice

You may have often required the services of a Notary Public without understanding the role of the Notary. The origin of the notarial office began before the Roman period. As

Criminal liability: Common purpose, accomplice, and accessory after the fact

May 19, 2019 by CAF in Criminal Law

More than one person may be involved in the commission of a crime and there are various principles that find application in our law which determine how the law assigns

HELP! My ex-husband refuses to pay child maintenance because my child has reached the age of 18. Is this legal?

April 26, 2019 by in Matrimonial & Family Law

Jane was divorced in 2014 when her son Jack was 13 years old. As part of her divorce settlement (divorce order), provision was made for the payment of child maintenance

What happens when “I do” turns into “I don’t”?

April 26, 2019 by in C & A Friedlander

People are very happy and excited when they hear wedding bells ringing, as a wedding is a cause for celebration. Often the planning for the occasion takes many months in