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Author: Hammond Pole

Hammond Pole Attorneys > Articles posted by Hammond Pole
31 July
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Contested vs Uncontested Divorce
The Legal Implications And Procedures Of Each

Posted by Hammond Pole
in Hammond Pole Blog

Divorce is never easy - emotionally, financially, or legally. When a couple cannot agree on important matters such as child custody, maintenance, or the division of assets, the process becomes even more complex. Divorce can feel overwhelming, but understanding what lies ahead can help you prepare for the journey. Understanding the legal steps involved in divorce proceedings in South Africa, how long it may take, and why having the right legal guidance is essential during this challenging time.   Contested vs Uncontested divorce In South Africa, the key difference between a contested and an uncontested divorce lies in whether the parties can reach...

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31 July
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Tick The Compliance Box
Certificates Of Compliance In Property Transfers

Posted by Hammond Pole
in Hammond Pole Blog

Compliance certificates are a vital part of any property transaction, forming an integral part of the legal due diligence process. These certificates confirm that key installations on the property meet the required safety and regulatory standards. For both buyers and sellers, it is important to understand which certificates are required, who is responsible for obtaining them, and when they must be provided. Non-compliance can lead to delays in the transfer process, unexpected expenses, and potential legal consequences.   The types of compliance certificates Electrical COC An Electrical Certificate of Compliance is a legal document that confirms the electrical installation in a property complies with...

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02 July
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Guarding Your Assets
Legal Strategies to Safeguard Your Assets from Debt Collectors

Posted by Hammond Pole
in Hammond Pole Blog

Managing arrears and overdue accounts is a necessary function in maintaining the integrity of the credit system. For financial institutions, it is crucial to ensure that outstanding debts are recovered in a fair, lawful, and effective manner - without compromising consumer rights or legal obligations. As a leading law firm in debt recovery, Hammond Pole Attorneys helps bridge this balance between creditor compliance and consumer engagement.   Facing debt collection Many individuals find themselves facing debt collection due to a range of factors, some within their control, others not.  Unexpected life events such as job loss, illness, or family emergencies can quickly lead to...

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10 June
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A Smooth Move
Your Legal Guide To Property Transfers

Posted by Hammond Pole
in Hammond Pole Blog

Whether you are the buyer or the seller, navigating the property transfer process can be daunting, particularly given the numerous legal and administrative steps involved. Understanding each step in the process is essential to avoid unnecessary delays, reduce stress, and ensure your rights and interests are protected throughout the transaction. In South Africa, property transfers are governed by the Deeds Registries Act 47 of 1937, which establishes the legal framework for registering ownership and protecting property rights. Having an experienced conveyancing team by your side is important for managing the process efficiently, safeguarding your investment and ensuring that every legal requirement...

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26 May
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Conciliation vs. Arbitration
Understanding these processes at the CCMA

Posted by Hammond Pole
in Hammond Pole Blog

Workplace disputes are a common challenge for both employees and employers, and achieving a fair resolution is a fundamental goal of South African labour law. For employees, knowing how to navigate the processes of the Commission for Conciliation, Mediation, and Arbitration (CCMA) is essential for ensuring that your rights are protected. When a conflict arises, two key processes come into play - conciliation and arbitration. Although both processes aim to settle disputes, they differ in their structure, level of formality, and the outcomes they produce. Understanding these differences, as outlined in the Labour Relations Act, can empower you to approach...

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06 May
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Understanding Collective Bargaining In The Workplace

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in Hammond Pole Blog

The Labour Relations Act (LRA) of South Africa is designed to promote fair and equitable labour practices, protect employees from unfair treatment, and facilitate the resolution of workplace disputes. One of the mechanisms introduced by the Act to support these goals is collective bargaining - a process that empowers employees to negotiate better working conditions through a structured and legally recognised framework.   What is collective bargaining Collective bargaining is a structured process of negotiation between employers (or their representatives) and trade unions, aimed at establishing fair employment terms. The outcome of these negotiations is a collective agreement - a legally binding contract...

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23 April
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When Good Plans Go Bad
Uncovering Latent Defects In Building Designs

Posted by Hammond Pole
in Hammond Pole Blog

Certain property defects are not immediately visible and often only come to light after the fact, when corrective action becomes more complex or costly. Latent defects can significantly impact a property’s value, safety, and functionality, often remaining undetected for years. These defects may result from poor workmanship, substandard materials or design flaws and often emerge long after construction or occupation. For buyers and property owners, uncovering these hidden defects can lead to costly repairs, delays, and even legal disputes. Understanding your rights and the remedies available is essential to protect yourself and your investment from unexpected surprises down the line.   What...

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07 April
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When Life Changes, So Should Your Will
A Guide To Revising Or Revoking Your Will

Posted by Hammond Pole
in Hammond Pole Blog

Life is unpredictable, and as your circumstances change, so should your will. Whether it is marriage, divorce, the birth of a child, a new home, or changes in your financial situation, it is important to ensure your will reflects your current circumstances and wishes. Regularly updating your will helps to ensure that your estate plan accurately represents your intentions and provides clarity and security for your loved ones.   When amending or revoking your will, it is important to adhere to regulations outlined in the Wills Act to ensure your changes are legally valid and enforceable.   Updating your existing will When updating your will,...

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31 March
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Understanding Landlord vs. Tenant Rights
Responsibilities In Property Repairs And Renovations

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in Hammond Pole Blog

When it comes to repairing or renovating a rental property, it is important to understand your obligations as a landlord or tenant. Repairs and renovations are inevitable in any rental, but determining who is responsible for what can often cause confusion. Clarifying the balance of responsibilities between landlords and tenants under the rental agreement is essential for avoiding disputes and fostering a positive rental relationship.   The lease agreement typically outlines the duties of both parties, ensuring mutual agreement and providing a written record to avoid misunderstandings. In cases of uncertainty, the Rental Housing Act offers clear guidelines to further clarify the...

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05 March
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The Dos And Don’ts Of Drafting A Will – Common Missteps And How To Prevent Them

Posted by Hammond Pole
in Hammond Pole Blog

Drafting a will is essential to ensure your wishes are honoured after your passing. Without one, your estate will be distributed according to the Intestate Succession Act, which may not reflect your intentions or align with your loved ones' needs. Taking the time to create a properly structured will gives you control over your legacy and provides clarity and security for those you leave behind. During a difficult and emotional time, the last thing your loved ones need is the added burden of an improperly drafted will. Understanding the key dos and don’ts can help simplify the process, prevent complications, and...

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