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Blog & Articles

Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles (Page 10)
19 August
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Divorce Law Demystified

Posted by Hammond Pole
in Divorce Law
what you need to know about divorce law

Divorces do not have to be the nightmares we see on television Divorce includes both a legal aspect as well as a human aspect. We are not dealing with two parties fighting over a car accident, we are dealing with a husband and wife who need assistance to distinguish between what the parties are legally entitled to, what the parties want and lastly what it is that they need to do to get through this chapter of their lives. It is an attorney’s job to make sure that these three aspects are all aligned, and a suitable arrangement is reached. As an...

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12 August
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Women of South Africa – Know Your Rights

Posted by Hammond Pole
in Hammond Pole Blog, Know The Law
women of south africa know the law

“And one day she discovered that she was fierce, and strong, and full of fire, and that not even she could hold herself back because her passion burned brighter than her fears.” - Mark Anthony, The Beautiful Truth Every year, during National Women’s Month social media platforms increase awareness about gender-based violence (GBV) against women, which domestic violence is the most common of all gender-based violence, not only in South Africa, but across the globe. This has created a synopsis of cases reported in the media which sadly does not even signify the actual figures of daily cases where women have...

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29 July
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Hammond Pole Made Law: Divorce and accrual regulations changed forever

Posted by Hammond Pole
in Divorce Law
hammond pole made law

"I am ecstatic to announce that the law pertaining to divorce and accrual has forever been changed, following a case I attended to in 2016." - Writes Tania Abbotts, Senior Associate at Hammond Pole Attorneys.   In a decision made on 5 May 2020, the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. In essence this meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets, when it came...

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20 July
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Subject to or Suspensive Conditions: Everything you need to know about the clause

Posted by Hammond Pole
in Conveyancing, Property Law
Subject To Clauses Blog Post

Usually when a so-called “subject to” clause is inserted into an Offer to Purchase, for the purchase of immovable property, it means that there is a condition that must be first fulfilled before the agreement is deemed to have been concluded and the property can be registered in the purchaser’s name.  These clauses are also known as “suspensive conditions” as they suspend the operation of the agreement until such conditions are met.   Ardene Nel, Attorney and Conveyancer at Hammond Pole highlights the most common examples of “subject to” conditions in real estate:   1. The offer is Subject to Mortgage/Bond finance   When a buyer...

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06 July
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Supreme Court of Appeal (SCA) Judgement

Posted by Hammond Pole
in Hammond Pole Blog, Legal Advice
supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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29 June
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Is vaccination in the workplace compulsory?

Posted by Hammond Pole
in Hammond Pole Blog, Labour Law
vaccination-in-the-workplace

Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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24 June
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Working from Home: What’s the law?

Posted by Hammond Pole
in Hammond Pole Blog, Labour Law
working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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14 June
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Cyber-attacks and Business Email Compromise

Posted by Hammond Pole
in Hammond Pole Blog, Labour Law
business email compromise

Cyber-attacks and Business Email Compromise (“BEC”) in commerce have become a major concern for attorney firms and their clients alike. Neil Mc Kinon, Attorney and Conveyancer at Hammond Pole explains the reality of email interceptions and email compromise.   According to a global survey conducted by Mimecast Cyber Security Services in 2020, 6 out of 10 companies globally suffered a Ransomware attack and, given the rise in digital activity over the last year, email threats increased by 64%. Also, according to a report by Accenture in May 2020, South Africa has the third most cybercrime victims, losing R2.2 Billion a year.   Who is...

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19 May
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POPI Act: Under the magnifying glass

Posted by Hammond Pole
in Commercial Law, Hammond Pole Blog
South African POPIA

Michelle Orsmond, Attorney, Notary Public & Conveyancer at Hammond Pole Attorneys shares valuable insight on the what the POPIA Act is all about, the importance of compliance and the fact that consent is not always necessary. What is POPI and when did it start? The Protection of Personal Information Act 4 of 2013 (POPIA) forms part of South Africa's Privacy Data law and its purpose is to protect Personal Information together with the requirements for the processing of Personal Information. The POPI Act gives effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to...

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22 August
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Religious Marriages and the results thereof

Posted by Hammond Pole
in Family Law, Hammond Pole Blog

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. This article has been written by Michelle Orsmond, an in-house Family Law expert at Hammond Pole Attorneys.  In this article, we take a brief look at foreign and customary marriages and the implications thereof when entering into such a marriage. Religious marriages, more in particular Muslim Marriages, have no legislative framework governing them. These religious marriages are not legally recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. The consequence of...

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