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Filter: Litigation
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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493
Article
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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398
Article
Who can institute a claim and which court has jurisdiction?

17 April 2018

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with... the question of how jurisdiction is determined with regards to trusts.

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639
Article
Is spanking your child unlawful?

08 March 2018

I saw it reported in the news recently that spanking your child has finally been criminalised. Is this true? Will... this not result in overloading our justice system even more than it already is?

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351
Article
Unopposed and opposed divorce: What’s the difference?

11 April 2017

My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce,... but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want to get divorced.

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502
Article
Unopposed and opposed divorce: What’s the difference?

11 April 2017

My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce,... but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want to get divorced.

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182
Article
What to do to privately prosecute?

10 February 2017

In 2016 my son was assaulted in ‘n bar, however the state decided not to prosecute the particular person. Lately... I’ve heard a lot in the news about private prosecution. How does it work?  

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465
Article
How to quieten that barking dog?

09 November 2016

My neighbour’s two dogs have been barking incessantly the last few days at all hours of the day and night.... My wife and I as well as our young toddler have been getting no sleep and its taking its toll on us personally and at work. Is there anything that we can do legally?

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286
Article

BEST LEGAL Q&A 2021, EDITION 6

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BEST LEGAL Q&A 2021, EDITION 6

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