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