Areas of Practice
We value the uniqueness of each individual matter and provide tailormade effective solutions which constantly evolve according to our client’s needs
Alternative Dispute Resolution
Alternative Dispute Resolution provides alternative methods for resolving disputes between parties thereby avoiding the potentially-more-costly, potentially-less-expedient and potentially-less-private route of approaching the formal Courts of Law. Arbitration and Mediation are the most-commonly-chosen-forms of Alternative Dispute Resolution.
Arbitration
OVERVIEW:
Arbitration is one such method of Alternative Dispute Resolution, to which arbitration the parties must agree, whereby both parties present their cases to an Arbitrator, who will review such dispute and thereafter make an arbitration award thereanent; such arbitration award will be legally binding on the parties and enforceable in the Courts. By choosing arbitration the parties have elected to resolve their dispute through a means other than going through Court, thereby keeping their dispute potentially-less-costly, potentially-more-expedient and potentially-more-private.
OUR SERVICES:
Representing parties in arbitration proceedings, which includes drafting of pleadings / affidavits, and appearances
Mediation
OVERVIEW:
Mediation is another method of Alternative Dispute Resolution, whereby the parties put forward their disputes to a trained impartial third person who will assist them to attempt to reach a resolution of their dispute, which is reasonably acceptable to such parties. It may take place in a more-formal-scheduled-conference or in a less-formal meeting. The mediator utilises specialised-negotiation-techniques and specialised-communication-skills for such mediation. Active participation by all parties is encouraged.
OUR SERVICES:
We stand by our client through preparing for mediation and also provide advice to our client during such mediation process; should a solution be agreed upon, we will draft such settlement agreement to record such resolution. Should mediation fail, we will advise client further on the remaining options available.
Business Restructuring
Restructuring is an action plan embarked upon by a business enterprise to re-structure and re-organize its operational as well as its financial aspects and/or any other structures of the enterprise with the specific intent to make it more profitable and to meet its present needs through improved organisation.
OUR SERVICES
We provide our well-established solid legal expertise and astute and discerning business acumen to enterprises, irrespective of whether they find themselves in distressed circumstances or not, through all their individual restructuring processes, which expertise and acumen includes:
- providing full details and explanations of the formal restructuring procedures including business rescue, liquidations and schemes of compromise
- fully discussing, advising and extrapolating on contingency planning
- providing full explanation and advice regarding the intricacies involved in standstill and forbearance arrangements
- providing perceptive, insightful and incisive assistance in formulating available strategies, including advising on the capital structure and participants involved
- advising with clarity and adeptness on all the re-structuring aspects to be implemented, including general re-structuring of the enterprise, debt refinancing, debt extensions, and every other possible related category and requirement thereanent;
- advising on innovative options available regarding equity, albeit public or private
- providing options available regarding possible distressed merger and acquisition-related transactions
- discussing and giving clarity relating to capital recovery and enforcement procedures
- advising on directors’ duties which might of necessity come into effect during possible periods of financial difficulties and the restructuring processes.
Commercial & Corporate Law
We deliver sharp-witted and judicious legal and commercial assistance to companies, individuals and enterprises relating to all aspects of their business, with our primary focus being on the unique needs and expertise of each individual client.
CONTRACTS
OVERVIEW:
Prinsloo Wright Incorporated’s contracts are drafted by our directors who have specialised for many years in negotiating contracts, complex-contract-drafting and interpretation of complex-contracts. By way of our drafted contracts, which are drafted specific to the entity which is our client and the circumstances applicable to our client, we safeguard our client against possible damage or loss which might otherwise occur.
OUR SERVICES:
- Acknowledgment of Debt Agreements
- Agency Agreements
- Cession and Assignment Agreements
- Confidentiality Agreements
- Distribution Agreements
- Directors’ Service Agreements
- Franchise Agreements
- Guarantees & Indemnities
- Joint-Venture Agreements
- Lease Agreements for Immovable Property
- Lease Agreement for Movable Property
- Licensing Agreements
- Loan Agreements
- Manufacturing Agreements
- Memorandum of Incorporation
- Memorandum of Understanding
- Novation Agreements
- Partnership Agreements
- Partnership Dissolution Agreements
- Pledge Agreements
- Purchase and Sale Agreements;
- Sale of Business Agreements
- Sale of Shares Agreements
- Shareholders’ Agreements
- Service Level Agreements
- Suretyship Agreements
LIQUIDATION OF COMPANIES / CLOSE CORPORATIONS
OVERVIEW:
Liquidation is the term that applies to a company or close corporation when they are not able to pay in the foreseeable future, the moneys which they owe.
OUR SERVICES:
- Advising and assisting clients on liquidation matters;
- Instituting / defending liquidation proceedings
- Administering liquidation processes
SEQUESTRATION OF PERSONS
OVERVIEW:
Insolvency is the state of being unable to pay, in the foreseeable future, moneys owed. Sequestration may be the option for someone who would still have a shortfall after all their assets have been sold and it would not be reasonable to expect them to recover from such loss.
The law of insolvency in South Africa provides that a person may be either voluntarily or involuntarily sequestrated. A voluntary sequestration application would be brought in the High Court by an individual so as to personally surrender their own estate to the Master of the High Court for further disposal thereof to creditors. An involuntary sequestration application would be brought, similarly in the High Court, by a creditor of such insolvent person stating that the person is not able to pay their debt and therefore is factually insolvent.
The Master of the High Court will appoint a trustee to take control of the entire estate, such trustee must convert the individual’s assets into cash in terms of the insolvency laws and, after deducting the administrative charges, distribute such proceeds amongst the creditors
OUR SERVICES:
- Advising and assisting clients on sequestration matters
- Instituting / defending sequestration proceedings
- Administering the sequestration processes
Civil Litigation
Litigation is the means by which a legal dispute is instituted or defended in court; such litigation commences either by way of action proceedings (a Summons – plaintiff/defendant) or application proceedings (a Notice of Motion – applicant/respondent). However you are cited in the court papers, it is imperative for you to be aware of your rights and options and the recourses available to you in litigation proceedings.
OUR SERVICES
We represent clients in multiple forums, i.e. Magistrate’s Court, High Court, the Supreme Court of Appeal, the Constitutional Court, and other specialist regulatory bodies.
We are proud of our expertise in successfully litigating on behalf of our clients, individuals, and corporates alike. We specialise in the following areas of litigation:
- Administrative law
- Building and Construction
- Business rescue applications
- Collections
- Competition law
- Constitutional law
- Corporate and Commercial matters
- Contractual
- Delictual
- Evictions
- Family and/or Matrimonial law
- Insolvency, including liquidation of companies and close corporations, and sequestration of trusts and individual users
- Interdicts
- Monetary claims
- Personal injury claims, including those arising out of motor vehicle accidents, medical negligence, assault, actions of animals, and cases of vicarious liability
- Product liability, unfair business practices and consumer issues
- Professional negligence claims
- Protection Orders
- Restraints of trade and unlawful competition
- Sales in execution
Company Secretarial
Our services include but are not limited to registration and formation of companies, changing of directors/members, conversions of close corporations, name changes, drafting and/or amending the company’s memorandum of incorporation, advice concerning company secretarial requirements, share transfers and allotment of shares.
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CLOSE CORPORATIONS
Appoint an Auditor/Change in Auditors
Convert Close Corporation to a Profit Company
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COMPANIES
Appoint an Auditor/ Change in Auditors
Company Registration with Name Reservation
Company Registration without Name Reservation
Memorandum of Incorporation Amendments (MOI)
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Debt Collection
Our offices assist our clients with debt collection through the debt collection procedures or if necessary the institution of legal proceedings applicable to the situation.
Estate Planning, Wills & Deceased Estates
With the hands-on-input of our directors, our firm brings exceptional expertise to skilled-estate-planning. As estate planning is an incontrovertible requirement in every person’s life, to protect your wealth and the wealth of your family such a plan is a wise-necessity.
trusts
OVERVIEW:
Trusts can be arranged in many ways and will specify how and when assets pass to beneficiaries. By establishing a trust, control over property is transferred to the trustee who holds the assets on behalf of the beneficiaries.
The importance of Trusts in Estate Planning can be underestimated by many people. As important as a properly executed Will is, so is the establishment of a Trust, dependent upon the unique and individual circumstances of each client.
OUR SERVICES:
- Advice and assistance on trusts
- Drafting of Trust Deed
- Registration of Trusts
- Amendments of Trusts, including amendment to Trustees, Auditors, Beneficiaries, and Trust Deed;
wills & testaments
OVERVIEW:
A will is another aspect of estate planning.
A Last Will and Testament, which should of necessity be well-drawn and properly executed, dictates how that person’s assets shall be dealt with after their demise. The testator/testatrix normally in such Will shall nominate the Executor of the deceased estate.
SERVICES:
Our directors specialise in the entire process of initially consulting with the client, gathering all the requisite information to discuss estate planning, then formalising such estate planning by drafting of the correctly applicable Last Will and Testament and associated estate planning supportive documentation and overseeing correct signing thereof to ensure that such documents are legally enforceable, including the appropriate registration of any trusts.
ADMINISTRATION OF DECEASED ESTATES
OVERVIEW:
The administration of a deceased estate requires adherence to the regulatory Administration of Estates Act 66 of 1965 and the Intestate Succession Act 81 of 1987 and additionally often requires that the person tasked with the winding-up of such estate should have competence of all the additional-interconnected-Acts which might simultaneously also have to be applied. The winding-up procedures are overseen by the Master of the High Court.
SERVICES:
Our office has the solid competence and experience to strictly comply with the regulatory Administration of Estates Act 66 of 1965 and the Intestate Succession Act 81 of 1987 as well as all of the additional-interconnected-Acts which may simultaneously need to be applied, as also the internal procedures of the office of the Master of the High Court. With these competencies in place, our primary focus is then to respect and adhere to the bequeathals of the testator/testatrix and to expeditiously conclude the winding-up of the estate. Our administration of the estate will include immediately registering the deceased estate at the Master’s office and ensuring the prompt issue of Letters of Executorship, speedily obtaining a Preliminary Inventory of the assets, opening of a bank account in the name of the estate for the control of all moneys, advertising in the Government Gazette and newspapers of the various formal notices, dealing with any claims which may be lodged against the estate, drafting of the Liquidation and Distribution Account, distribution of the bequests, attending to the deeds office registrations of any conveyancing required and finalising the estate, all under the strict control and approval of the Master of the High Court.
Curatorship
Curator ad litem
OVERVIEW:
A Curator ad Litem is a person likewise appointed by a Court Order from the High Court, also obtained by way of bringing a formal application, and such appointee is usually an Advocate. Such Curator ad Litem will for the benefit of the Court, determine whether a person is in fact unable to manage his/her own affairs and if so that it is in the best interest of such person that a Curator Bonis and/or a Curator ad Personam be appointed to take control of the responsibilities thereanent. To this end, the Curator ad Litem will interview the person, medical practitioners and others with knowledge of the person’s circumstances and thereafter file a report, which is supplemented by the Master of the High Court’s report, confirming the suitability of the proposed Curator Bonis and/or Curator ad Personam appointment/s.
OUR SERVICES:
- Advise and assist clients concerning the appointment of a Curator ad Litem;
- Institute / defend an application for Curator ad Litem, and ensure that the process runs smoothly to ensure that the application is finalised speedily.
Curator Personam
OVERVIEW:
The Curator ad Personam, who is often a family member, is likewise appointed by a Court Order from the High Court, also obtained by way of bringing a formal application stating that the incapacitated person is incapable of managing his/her own personal welfare or health issues because of mental or physical incapacity, necessitating that such duties to be taken charge of formally by an appointed Curator ad Personam. The process is less formal and may be terminated should the person recover and again be capable of managing his/her own affairs. .
OUR SERVICES:
- Advise and assist clients concerning the appointment of a Curator ad Personam;
- Institute / defend an application for the appointment of a Curator ad Personam and ensure that the process runs smoothly to ensure that the application is finalised speedily.
Curator Bonas
OVERVIEW:
Rule 57 of the Uniform Rules of Court allows for an application to be brought to the High Court for a Court Order declaring an incapacitated person as being incapable of managing his/her own financial affairs, property and assets, necessitating the appointment of a Curator Bonis as the responsible appointee to take charge to safeguard same on behalf of such incapacitated person.
Such application may be brought by any person who has an interest in the relevant individual’s affairs. Such appointed Curator Bonis will take charge of the individual’s estate once the Master of the High Court has issued such Letters of Curatorship as directed in the Court Order, and the Curator Bonis is thereafter accountable to the Master of the High Court and is required to submit annual accounts, detailing all expenditure and providing all receipts on behalf of their charge in compliance with such Court appointment.
OUR SERVICES:
- Advise and assist clients concerning the appointment of a Curator Bonis ;
- Institute / defend an application for appointment of a Curator Bonis and ensure that the process runs smoothly to ensure that the application is finalised speedily.
Family Law
Family law incorporates family matters and domestic relationships such as marriage, divorce, responsibilities and rights in respect of children including the best interests of the child, maintenance and domestic violence.
At Prinsloo Wright Incorporated we have specialized knowledge in these fields, including:
- Drafting of Ante-nuptial and post-nuptial contracts and ensuring the registration of such contracts
- Changes in matrimonial property regimes
- Assistance in reaching amicable settlements through negotiation and support
- Contested / uncontested divorce and division of assets
- Litigation
- Maintenance advice and applications
- Children’s rights
- Custody/care and access/contact matters
- Parental rights and responsibilities
- Parental rights and responsibilities agreements
- Drafting of Parental Plans
- Curatorship
- Civil Unions
- Universal Partnerships
- Domestic Partnerships
- Interdicts including those relating to the Domestic Violence Act
DIVORCE
The most common ground for institution of divorce proceedings in South Africa is the irretrievable breakdown of a marriage relationship. If the parties have differing views on this, it does not prevent the institution of the divorce proceedings by the aggrieved party. When there are minor children involved, this can complicate the issue greatly regarding their continued well-being and protection from the fall-out (see parental rights and responsibilities). Assets must be correctly protected in law and maintenance dealt with fairly.
UNCONTESTED DIVORCE
OVERVIEW:
An uncontested divorce is where the parties wish to be divorced from each other and, prior to instituting the divorce action, reach an amicable agreement on how their assets are to be divided and, if there are children involved, how their parental rights and responsibilities towards the children are to be addressed. A settlement agreement is drafted and made an order of court. An uncontested divorce does not require a formal trial and only the party instituting the divorce action will appear in court.
OUR SERVICES:
- we assist in the parties reaching an amicable settlement agreement through negotiations and support;
- if the parties have already reached an amicable settlement agreement, we draft the formal Settlement Agreement setting out the terms to which the parties have agreed;
- we institute the divorce action (incorporating the formal Settlement Agreement) and ensure that the process runs smoothly to ensure that the divorce action is finalised speedily.
CONTESTED DIVORCE
OVERVIEW:
A contested divorce is where one of the parties or both wish to be divorced from each other however they have not reach an amicable agreement on how their assets are to be divided and, if there are children involved, how their parental rights and responsibilities towards the children are to be addressed. A contested divorce matter will require a formal trial, should the parties not settle before the trial.
OUR SERVICES:
Our team ensures that the entire process in a contested divorce action is followed efficiently and runs smoothly, which includes consulting with client, gathering all the requisite information to institute or defend a contested divorce action, instituting or defending the divorce action, preparation for trial, as well as assisting the parties in endeavouring to reach a settlement agreement prior to the trial including drafting/perusal of settlement agreements and should no settlement be reached prior to the trial, assisting client throughout the formal trial till its conclusion.
MAINTENANCE
CHILD MAINTENANCE
OVERVIEW:
A minor child is extremely vulnerable and is unquestionably entitled to reasonable maintenance from both parents to provide for the child’s needs of safe housing, nourishing food, seasonal clothing, constant medical care and adequate education, at the very least. Both parents have the responsibility to ensure the well-being and adequate maintenance of a minor child, irrespective of whether the parents are unmarried, married or divorced. Either parent can at any time bring an application for maintenance or approach the relevant Magistrate’s Court for variation or rescission of an existing order.
OUR SERVICES:
- Assistance in reaching amicable settlements through negotiation and support
- Drafting / Perusing Parenting Plans, incorporating maintenance needs of minor child/ren
- Instituting / Defending Maintenance applications;
- Instituting / Defending variations / rescission of existing maintenance orders;
- Instituting / Defending child maintenance in divorce proceedings, including interim maintenance
SPOUSAL MAINTENANCE
OVERVIEW:
Spousal maintenance is maintenance paid by a former spouse to the other spouse in terms of a Court Order / settlement granted in a divorce action. Spousal maintenance must be claimed in the divorce action, if a spouse does not claim spousal maintenance in the divorce action, he / she will not be entitled to claim spousal maintenance from the other spouse once divorced. Spousal maintenance can either be for a specific period of time, which is known as rehabilitative maintenance, or for an indeterminate period of time.
OUR SERVICES:
- Assistance in reaching amicable settlement through negotiation and support
- Drafting / Perusing settlement agreements, incorporating the maintenance needs of the spouse in a divorce action
- Instituting / Defending spousal maintenance in divorce proceedings, including interim maintenance
- Instituting / Defending variations / rescission of existing maintenance orders.
INTERIM MAINTENANCE IN DIVORCE PROCEEDINGS
OVERVIEW:
When it appears that the divorce may be protracted or the other spouse has ceased to comply with his/her obligations, an interim maintenance application to the High Court or Regional Court may be brought by the financially distressed spouse specifically to obtain a Court Order compelling maintenance pendente lite, this pendente lite order is used to provide for the support of the lower income spouse whilst the main divorce action moves ahead. “Pendente lite” is a Latin term meaning “awaiting the litigation” or “pending the litigation” which applies to court orders which are in effect whilst a matter is pending. Once the main divorce action is settled, the pendente lite order will cease to have further validity and consequently fall away.
An interim maintenance application can be utilised to obtain an interim pendente lite Court Order authorising amongst others the following:
- Interim maintenance for the wife/husband and/or a minor child;
- Interim care and contact with a minor child;
- Interim contribution towards legal costs;
- Enforcing specific payments, for example bond payments on the matrimonial home, medical aid premiums as well as school fees and after-care facilities for any minor children.
The granted pendente lite maintenance order will regulate the financial terms between the parties until the main divorce action is finalised. The interim maintenance application provides a financially distressed spouse with a quick and uncomplicated option to approach the court for the required financial relief order.
SERVICES:
We fully explain and advise our client on how the process is to be implemented for their interim financial relief, garnering from them their detailed maintenance needs with supporting documentation where applicable and then instituting on their behalf the interim maintenance application and managing the application through to the granting of such pendente lite order.
Parental rights & responsibilities of minor children
OVERVIEW:
“Parental rights and responsibilities” is the umbrella term for the rights and responsibilities a person may have in respect of a child. The “child’s best interests” is a constitutional right of every child. In all matters concerning a child, the best interests of the child are paramount. The Children’s Act governs the laws relating to the care, contact and the protection of children. The Children’s Act provides that a person may have either full or specific parental responsibilities and rights in respect of a child. The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right to care for the child, to maintain contact with the child, to act as guardian of the child, and to contribute to the maintenance of the child. In terms of the Children’s Act, a parent or other person who acts as guardian of a child must administer and safeguard the child’s property and property interests, assist or represent the child in administrative, contractual and other legal matters; or give or refuse any consent required by law in respect of the child.
If there is a dispute between the parents over any of the rights and responsibilities of a child, such dispute should be referred for mediation to a family advocate, social worker or other suitably qualified person, with the intended goal to resolve such dispute by reaching a mutual agreement. In the event that a mutual agreement cannot be reached, then the dispute may be adjudicated by the court. A parent or any other person who has an interest in the wellbeing of a child may apply to the Children’s Court, High Court or the Divorce Court during divorce proceedings for an order granting him/her specific rights and responsibilities.
OUR SERVICES:
At Prinsloo Wright Incorporated our primary goal is to ensure that any arrangement concerning a child is in the best interests of the child. Our services include:
- Assistance in reaching amicable settlements through negotiation and support
- Enforcement of orders relating to family law matters
- Custody/care and access/contact matters
- Parental rights and responsibilities
- Parental rights and responsibilities agreements
- Drafting / Perusing of Parental Plans
- Referring disputes / issues concerning a child for mediation
- Instituting / Defending matters in the Children’s Court, High Court and Divorce Court concerning matters involving a child.
Parenting Plan
OVERVIEW:
The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child. If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child. A parenting plan may determine any matter in connection with parental responsibilities and rights, including: where and with whom the child is to live, the maintenance of the child, contact between the child and either of the said parties, and any other person, and the schooling and religious upbringing of the child. A parenting plan must comply with the best interests of the “child standard” as set out in the Children’s Act. In preparing a parenting plan as contemplated in the Children’s Act, the parties must seek the assistance of a family advocate, social worker or psychologist, or mediation through a social worker or other suitably qualified person. A parenting plan must be in writing and signed by the parties to the agreement and subject to the Children’s Act, may be registered with a family advocate or made an order of court. A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights, who are parties to the plan. A parenting plan that was made an order of court may be amended or terminated only by an Order of Court on application by the co-holders of parental responsibilities and rights who are parties to the plan, by the child, acting with leave of the Court; or in the child’s interest, by any other person acting with leave of the Court.
OUR SERVICES:
At Prinsloo Wright Incorporated our primary goal is to ensure that any arrangement concerning a child is in the best interests of the child. Our services include:
- Assisting parties to reach an agreement (parenting plan) that is in the best interests of the child
- Drafting / perusing of parenting plans;
- Registering parenting plans with the family advocate;
- Applying for parenting plans to be made an Order of Court;
- Amendments to parenting plans.
Protection Order
DOMESTIC VIOLENCE
OVERVIEW:
Domestic violence is a pattern of abusive behaviour which transgresses the rights of a person in a domestic relationship. When a person in a domestic relationship harms the other to obtain or maintain power and control over them, regardless of whether they are married or unmarried, living together or apart, that is termed to be “domestic violence”. The ‘harm’ can emanate from a variety of forms, whether it be verbal abuse like shouting, emotional abuse like manipulation, control and/or humiliation, physical abuse like hitting and/or punching, and/or sexual abuse. Domestic violence is regulated by the Domestic Violence Act 116 of 1998, which attempts to provide victims of domestic violence with an accessible legal instrument with which to prevent further abuses taking place within their domestic relationships. You may apply for a protection order against the person at a Magistrate’s Court.
OUR SERVICES:
- Institute / defend domestic violence applications on behalf of the client;
- Assist in the entire process of the domestic violence application.
HARASSMENT
OVERVIEW:
Harassment is where a person engages in any unreasonable conduct which causes mental, psychological, physical or economic harm to another person. The Protection from Harassment Act protects persons against harassment, and the aim is to provide a remedy in the form of protection which would prohibit a person from harassing another person. If the harasser breaches a protection order he or she commits an offence which is punishable with a fine or a period of imprisonment. You can apply for a protection order against the person at a Magistrate’s Court.
OUR SERVICES:
- Institute / defend harassment applications on behalf of the client;
- Assist in the entire process of the harassment application
Petroleum Law
At Prinsloo Wright Incorporated, our dedicated team of professionals provides comprehensive and meticulous expertise concerning the petroleum industry to our clients to ensure that their needs are thoroughly met and completely protected. Our team has extensive experience and knowledge in the petroleum industry to strategically assist our clients in seeking opportunities, negotiating deals that suit our clients’ needs, drafting and perusing contracts on behalf of our clients, in addition to resolving disputes on behalf of our clients, either by way of alternative dispute resolutions or litigation.
OUR SERVICES:
- Negotiating and closing deals / opportunities for our clients;
- Drafting / Perusing contracts for our clients;
- Resolving disputes by way of alternative dispute resolutions
- Resolving disputes by way of litigation