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STBB | Smith Tabata Buchanan Boyes
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Property Law

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When you plan to buy or sell your most important investment, you need legal assistance of the highest quality to ensure the accurate and speedy processing of your transfer.

Our dedication in offering our clients a professional service of the highest standard has grown our firm into arguably the largest property law practice in South Africa, providing personalised service to our valued clients, whether buyer or seller.

We know that regular feedback on the progress of your transaction is important to you, and offer instant notification of updates via sms and email, as well as “real time” tracking of your transfer via our state of the art online tracking facility on our website. These are just some of the reasons STBB is preferred by real estate professionals as a leading conveyancing and property law firm.

Fees

Litigation

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Whatever your trade, manoeuvring in the world of commerce requires, amongst other elements, skill, tenacity and certainly some business insight. Nonetheless, and so armed with these weapons, there exists some opposed forces in the marketplace to frustrate even the most judicious.

Our commercial litigation department prides itself as being a force to be reckoned within the legal fraternity, and a guiding hand through the legal systems and forums that dictates the conclusion of commercial disputes.

From the enforcement of rights and duties of a contractual nature, to the recovery of or compensation of damages from a business perspective, as well as lending sound legal advice throughout the litigation process, the STBB litigation team stands by their clients. Our field of expertise includes, inter alia: -

  • Advice on commercial contracts;
  • Formulation of contractual claims;
  • Actions and applications for evictions;
  • Interdicts of various kinds;
  • Landlord and Tenant disputes;
  • Construction and Building disputes;
  • Arbitrations;
  • Insolvencies and liquidations;
  • Disputes of shareholding or membership of business entities;
  • Sale and purchase disputes;
  • Enforcement of monetary claims and specific performance;
  • Legal proceedings in both the Magistrates and High Court.

Our array of local and international clientele continues to receive sound legal assistance throughout the pre and post litigation phases. In the tentative world of commerce, what is indeed certain is that, with the guidance of our experienced commercial litigators, your business will be afforded its due protection and enforcement of its legal rights.

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Estates and Trusts

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To ensure that your estate devolves efficiently, cost effectively and with a minimum of delay upon your chosen beneficiaries, it is important that you draw up a valid will assisted by a suitably qualified professional. Apart from the nomination of heirs and the appointment of an executor to administer your estate, consideration should be given to any of the following topics which have relevance for you:

  • Is there sufficient liquidity in your estate to settle your debts, taxes and estate administration costs and to provide for the financial security of your family? If insufficient how can this be remedied?
  • Can any estate duty for which you may be liable be minimised?
  • How should you provide for your maintenance obligations in terms of your divorce order?
  • The formation of a testamentary trust to manage any assets being awarded to a minor beneficiary and the appointment of trustees to manage same.
  • The appointment of a guardian for minor children.
  • How best to provide for your offshore assets.
  • Could the formation of an intervivos trust be beneficial to you?
  • Will your business interests be adequately protected on your death?

By seeking the best possible professional assistance you will be able to identify problem areas, investigate solutions and achieve the peace of mind of knowing that you have done everything possible to streamline your financial affairs and to ensure that your will is a sound legal document.

Our succession law experts are able to offer you this service.

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Family Law

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The Family Law department assists clients with:

  • Divorces
  • Maintenance matters
  • Variation of existing divorce orders, where possible
  • Protection orders
  • Advice on separation of parties involved in cohabitation relationships
  • General family law advice

In divorce matters finalising a settlement and the practical implementation thereof is crucial. Certain repercussions of divorce, such as ongoing contact and access arrangements in respect of minors, maintenance payments and facilitating immediate payment from Pension Funds, have proved problematic.

In particular, clients should be aware of the impact of changed pension and revenue legislation on their claims for immediate payment of pension monies after divorce, to avoid unnecessary related legal action. In one instance a client who received a pension payment from the pension fund soon after divorce was later sued in the Magistrate`s Court by her former spouse for payment of the tax portion of the sum she received. The tax portion was erroneously deducted by the Pension Fund, as the taxability aspect was not clear, the matter is pending but sound legal advise on this point would have avoided the action against our client, and the resulting costs.

We can assist and provide valuable information and efficient assistance with all of the above.

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Personal Injury and Insurance

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Road traffic accidents are generally thought of as incidents that happen to people other than ourselves, but they can and do happen to anyone.

If you have been involved in a road traffic accident, either as driver, passenger or even in a hit-and-run accident, and have any doubts at all about who was to blame or whether you have the right to claim compensation, you should seek legal advice as soon as possible as, in certain circumstances, your claim may prescribe and you will not be able to claim compensation at all after a certain period of time.

It is essential that you select the right attorney, being one who has considerable experience in road traffic accident claims and personal injury claims, particularly in view of the 2008 amendments to the law. The attorneys at STBB specialising in road accident and personal injury claims will explain to you in detail what your rights are and what course of action you should take.

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Corporate and Commercial Law

Further Reading »

Our Corporate and Commercial team provides proactive and commercially focused advice to a diverse range of clients, ranging from start-up businesses to listed companies and institutions. With our expertise and commercial awareness, we specialise in advising on commercial negotiations and transactions spanning a wide range of sectors, including:

  • Banking and Finance
  • Business Law
  • Commercial Property
  • Competition Law
  • Franchising and Licensing
  • Legal Due Diligence
  • Mergers and Acquisitions
  • Tax

We recognise the need to project-manage transactions and, whenever there is a deadline to meet, we provide the drive and resources to ensure it is achieved. We assist our clients in realising their objectives by adding value in the most practical and cost-effective way and, above all, by our commitment to the success of the deal.

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Employment Law

Employment and the laws relating thereto have become increasingly complex. Our specialist Labour Law Department under the experienced guidance of Liezl-Mari Mouton offers expert advice on all labour and employment related issues, including:

  • Strategic advice on all employment law issues
  • Drafting employment policies and codes of conduct including contracts for SA employees operating in Africa and elsewhere
  • Drafting restraint of trade and confidentiality agreements
  • Advising on and interpreting labour statutes, codes of practice and regulations
  • Conducting employment law due diligence investigations
  • Advising on Section 197 transfers
  • Advising on disciplinary and performance issues and disciplinary and performance enquiries
  • Employment equity compliance
  • Conducting occupational health and safety investigations into workplace accidents and preparation of reports for the Department of Labour
  • Managing executive disputes
  • Restructuring exercises and retrenchments
  • Litigation in the CCMA, Bargaining Councils, Labour Court, Labour Appeal Court and High Court in respect of all employment law disputes, including:
               
    • CCMA and Bargaining Council reviews
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    • Recruitment and selection disputes and litigation
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    • Sexual harassment disputes
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    • Urgent strike interdicts
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    • Restraints of trade
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  • Training on managing discipline, performance and ill health in the workplace
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