Horn Attorneys Services | Attorney in Centurion

Our Services

 

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Corporate

Horn Attorneys is a dynamic and successful Labour Relations / Industrial Relations / Employee Relations law firm. Our objective is to understand your business and in doing so, we form a partnership with yourself in striving for a healthy and competitive working environment. We understand that as an employer your duty is to manage human recourses to, effectively work together to one ultimate goal. Hand in hand with managing human recourses, goes risk management, motivation and discipline. It is, therefore, our duty to ensure that you comply with Labour Legislation, including the Labour Relations Act (the “LRA”), the Basic Conditions of Employment Act (the “BCEA”), The Employment Equity Act, etc and your own internal policies and procedures.

As a partner we ensure that you spend as little time and money as possible in managing your staff and run as low a risk as possible should you be summoned to, for example, the CCMA and/or the Labour Court.   Quentin Horn have successfully initiated and defended actions on behalf of our clients in the CCMA, MEIBC, DRC, MIBCO, Labour Court, Labour Appeal Court and the Supreme Court of Appeal, which includes various corporate and individual clients.

We offer the following:

  • Dismissal,
  • Retrenchment / Restructuring,
  • Fair Labour Practises,
  • CCMA,
  • Bargaining Councils,
  • Labour Court,
  • Litigation,
  • Drafting of Contracts of Employment,
  • Restraint of Trade,
  • Disciplinary Hearings,
  • Negotiations,
  • HR and/or IR Policies,
  • Training,
  • Union Negotiations.
  • Restraint of Trade Agreements

Individual

We offer the following:

  • Assistance and advice in disciplinary hearings (misconduct / poor work performance),
  • Constructive dismissal,
  • Retrenchment / restructuring,
  • Grievances,
  • Changes to terms and conditions of employment,
  • CCMA,
  • Labour Court
  • Recovery of outstanding contractual and/or statutory monies.
  • Unfair discrimination
  • Sexual Harassment
  • Restraint of Trade Agreements

MEDIATION
Mediation involves using an impartial third party who helps both sides to come to an agreement. A mediator is a skilled professional that actively uses various techniques to find points of agreement between the parties. Mediation is a very flexible process that can effectively resolve a wide range of disputes, including multi-party and complex disputes.

ARBITRATION
Arbitration is a legal technique for the resolution of disputes outside the courts. Parties to a dispute appoint to an impartial third party to determine their dispute. Usually, arbitration is final and binding on the parties and only subject to review. However, parties may agree to non-binding arbitration where the award is an advisory award. Parties can also include in the arbitration procedure some appeal process.

FACILITATION
Facilitation is a process where a third party chairs a conversation. The role of the facilitator is to support constructive and democratic dialogue between groups with diverse and often diametrically opposite positions. The objective is often to develop a shared vision for an ideal future, learn to listen to each other, and understand and appreciate the feelings, experiences and positions of the opposing party.

Horn Attorneys offers a wide range of alternative options to costly litigation and our services are cost effective and user friendly. We provide comprehensive processes and support services in the areas of commercial and employment disputes, and community conflict

  • Mediation/Conciliation
  • Facilitation
  • Managing Meetings
  • Complaints Resolution Services
  • Arbitration
  • Chairing Enquiries
  • Training and Seminars
  • Advisory Arbitration / Recommendations
  • Investigation / Fact Finding
  • Relationship Building Initiatives
  • Verification Processes
  • Case Management Services

We deal with all aspects of family matters including the following:

  • Drafting of Antenuptial Contracts
  • Matrimonial Property system advice
  • Marriages
  • Maintenance (Child and Spousal)
  • Parental rights & responsibilities  (Care, Contact and Guardianship)
  • Parenting Plan Agreements
  • Divorce
  • Sharing of assets and redistribution agreements
  • Drafting of Wills
  • Divorce Mediation
  • Court preparation
  • Children and the new Children’s Act
    The implementation of the Children’s Act, Act 38 of 2005 has changed the terminology previously used in respect of children. It has also defined the parental rights and responsibilities that parents or other parties may have, and confers equal and joint guardianship status on parents of children born from marriage.
  • The ‘best interests of the child’ principle
    The child’s best interest is a constitutional right of every child. In all matters concerning a child, the best interests of the child is paramount. The Act provides a list of factors that have to be considered when determining a child’s best interests.
    The Children’s Act also expressly includes the right of a child to participate in any decisions pertaining to him/her.

Antenuptual Contracts / Marriage Contracts

Getting married is probably the most exciting but also stressful times and one’s life. Don’t forget about the all important Anteneptual Contract. What follows are the different types of Antenuptual Contracts.

IN COMMUNITY OF PROPERTY

This is the most common type of way in which people get married. If you do not enter into an Antenuptual Contract prior to concluding your marriage, you will be married in community of property. This means that everything that you and your spouse owns will be jointly in one estate, owned in equal share by both spouses. This includes both your assets and liabilities.

OUT OF COMMUNITY OF PROPERTY

This system requires the registration of an Antenuptual Agreement. Prior to getting married, each of the spouses has separate estates. Registering an Antenuptual Agreement makes provision for the exclusion of Community of Property and the exclusion of Profit and Loss and will result in the separate estates of both spouses being maintained.

The result is that the estates of both spouses are permanently separated. In the event of either spouse being declared insolvent, the other spouse will be protected. Also in the case of either spouse passing away, the other spouse’s estate will continue to function independently. This will also entail that the spouses do not share equally in the growth of each other’s estates. This could have a negative effect on the estate of the spouse more inclined to running the household and raising the kids. This is the more beneficial way to get married should one decide to, one day, be an entrepreneur or business owner, together with the system mentioned hereunder.

OUT OF COMMUNITY OF PROPERTY INCLUDING THE ACCRUAL SYSTEM

This is a hybrid system introduced in 1984. While the marriage subsists, the parties are married out of Community of Property and each retains full control of their own estates. In the event of either spouse being declared insolvent, the other souse will retain its solvency. The parties are completely independent. Should either spouse pass away, the other will still be able to function with his/her own estate. This system differs in that while each spouse’s estate is separate from the other during the marriage, the spouses share equally in the growth of the capacity of the estates  at the dissolution of the marriage.

CAN WE CHANGE OUR SYSTEM AFTER THE MARRIAGE

Yes, in terms of section 21 of the Matrimonial Property Act, one can change or alter the marriage system. This could be a costly and lengthy exercise as one must file an application with the High Court who still has a discretion whether to allow such a change or not. 

Magistrates Court and High Court

We also provide commercial law services, which includes:

  • Alternative dispute resolution
  • Commercial agreements
  • Companies and close corporations
  • Corporate governance
  • Liquidation and insolvencies
  • Litigation
  • Mergers and acquisitions
  • Outsourcing

Debt Collection in South Africa is an onerous and often unproductive task. One often has to consider litigation and other legal remedies to recover monies. The assistance of a debt collector or lawyer is often required.

Judgment Process:

1. Letter of Demand: Failure by the debtor to respond to same within the time period provided is followed by a Summons.

2. Summons: A summons is issued out of court where the debtor resides, carries on business or is employed and where the cause of action arose. Once issued the summons is sent to the sheriff for service.

3. Default Judgment: if the claim is not settled within the time period provided in the summons and we do not receive an Appearance to Defend we may apply for default judgment. OR

4. Summary Judgment: When an Appearance to Defend is entered the creditor may file a notice in which he explains that there is no genuine defence to his claim and the Appearance to Defend is entered in order to delay the process. If granted, the action will not go to trial.

Sequestration

When your liabilities exceed your assets, you are insolvent. The remedy is to apply for a sequestration order. The effect of such a sequestration order is that creditors must claim from the insolvent estate and that they cannot claim from you anymore.

Liquidation

When it is foreseeable that your company / close corporation will not be able to pay its creditors as they fall due in the ensuing 6 months, there is a legal obligation on you to liquidate the company. The liquidation of a Company / Close Corporation is a legal process whereby the Company and its affairs are placed under the control of a liquidator who must realize the assets and divide the assets amongst creditors according to the stipulations in the Companies Act. The main aim of liquidation is to divide the yield from the sale of assets amongst creditors fairly and to dissolve the Company in an orderly manner.

We assist with the registration and transfer process of immovable property. Together with our associates and legal partners we consist of the expertise and knowledge in order to effectively and smoothly deal with all property related matters.

  • Offer to purchase documentation
  • Mortgage bond registration and cancellation
  • Property conveyancing and registration
  • Management of transfer fees
  • Payment of associated costs, commission fees and tax duties
  • Liaison with estate agents, the Deeds Office, SARS, rates clearance departments, Trust administrators, etc
  • Communication with buyers and sellers, where necessary
  • Conveyancing services for property transfers relating to divorces and deceased estates

We assist in recovering compensation and damages from the Road Accident Fund in the event of injury or loss because of a road accident.

We offer a legal service to professional sportsman from all disciplines requiring legal expertise in their careers.

  • Agency Agreements
  • Player Contracts
  • Sponsorships
  • Marketing
  • Negotiating and drafting of sponsorship, advertising, management and agency agreements
  • Eviction of Residential Tenants
  • Eviction of Commercial Tenants
  • Eviction of Illegal Occupants
  • Drafting and Vetting of Lease Agreements
  • Commercial Contracts
  • Rental Recoveries
  • Tenant Management
  • Property Transfers
  • Property Contracts
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