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Barnard Incorporated
  • Home
  • About Us
    • About Barnard Inc.
      • Firm Overview
        Barnard Inc. Attorneys is a full-service South African law firm.
    • Teams and Values
      • Our Team
      • Our Core Values
      • Careers
      • Graduate Recruitment
      • Client Testimonials
    • Useful Information
      • Cost Calculators
      • Fidelity Fund Certificates
      • PAIA Manual
      • Privacy Policy
      • Terms & Conditions
  • Commercial Services
    • Growth & Governance
      • Administrative Law
      • Construction & Mining Law
      • Contracts & Negotiation
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HomeNewsCourt Rulings
  • Next Steps following the High Court Divorce Act judgment

    • 31st May 2022
    • Posted by: Barnard Inc
    • Categories: Ante-Nuptial Contracts, Barnard Briefs, Court Rulings, Divorce, Family Law, Latest News, Litigation, Marriage, Separation
    No Comments

    The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

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  • Section of Divorce Act dealing with distribution of assets declared unconstitutional

    • 12th May 2022
    • Posted by: Barnard Inc
    • Categories: Ante-Nuptial Contracts, Barnard Briefs, Court Rulings, Divorce, Family Law, Latest News, Litigation, Marriage, Separation
    No Comments
    Divorce Act Section 7(3)

    The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

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  • Court says there’s no way around PAIA for Steinhoff Holdings

    • 12th May 2022
    • Posted by: Barnard Inc
    • Categories: Barnard Briefs, Commercial Litigation, Compliance, Corporate Governance, Court Rulings, Latest News, PAIA
    No Comments
    PAIA and Steinhoff

    The High Court has ordered Steinhoff to share a PwC forensic probe into accounting fraud with the media after the company refused PAIA requests.

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  • Rule 22 and Piecemeal Pleadings

    • 29th Mar 2022
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Company Law, Court Rulings, Debt Collection, Latest News, Liquidation Application, Litigation, Voluntary Liquidation
    No Comments
    Absa Bank. Photo Credit Reuters 2021

    Absa Bank Limited instituted action against Marcel Christoffel Meiring for payment in the amount of R1,1 million – an amount that was still outstanding in terms of a sale agreement of Arista CC which had been recently wound up.

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  • Delinquent Municipalities. Court sides with Eskom

    • 22nd Mar 2022
    • Posted by: Barnard Inc
    • Categories: Barnard Briefs, Commercial Litigation, Court Rulings, Latest News
    No Comments

    The SCA has ruled in favour of Eskom and affirmed the electricity supplier’s right to payment for its services rendered to municipalities.

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  • High Court judgment addresses the sale of repossessed properties

    • 10th Mar 2022
    • Posted by: Barnard Inc
    • Categories: Barnard Briefs, Compliance, Court Rulings, Latest News, Litigation, Property
    No Comments
    Rule46A on Repossessed Property

    It may argued that rule 46A is open to interpretation in that is easily foreseeable that this process may be misused, resulting in perceived injustices against property owners.

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  • Dispositions made by a company that is being wound up | The court’s role

    • 22nd Nov 2021
    • Posted by: Barnard Inc
    • Categories: Business Rescue, Commercial Litigation, Company Law, Court Rulings, Debt Collection, Latest News, Liquidation Application, Litigation
    No Comments

    Recently, the SCA was asked to decide on circumstances in which it would be appropriate for a court to validate a disposition made by a company that is being wound up.

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  • Minister ordered to remedy irrational Covid-19 regulations

    • 3rd Jun 2020
    • Posted by: Barnard Inc
    • Categories: Court Rulings, COVID-19, Latest News
    No Comments

    High Court says current Disaster Management Regulations create a Constitutional Crisis. Those regulations must be amended with due consideration to the limitation each has on the rights guaranteed in the Bill of Rights contained in the Constitution.

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