A parent may either have full or specific parental responsibilities and rights in respect of a minor child. The responsibilities and rights include the responsibility and right to care for the minor child, maintain contact with the minor child, act as guardian and contribute towards the maintenance of the minor child. Whether a parent maintains
Barnard Inc. Attorneys
Barnard Inc. Attorneys Blogs
Blog Authors
Latest from Barnard Inc. Attorneys
Balancing dependant rights and testamentary wishes
Section 37C of the Pension Funds Act (PFA) is crucial for ensuring the equitable distribution of pension benefits after a member’s death. This provision seeks to balance the legitimate expectations of both known and unknown dependants of the deceased. How does Section 37C apply to various dependants, and what is its relationship with the deceased’s…
Betting on data: Copyright, algorithms, and the future of sports betting
How the Remote Gambling Bill and Copyright Law Impact Sports Betting
The success of most professional athletes is fuelled by a hyper-competitive spirit—an intense drive that transcends monetary rewards, much like when Herschelle Gibbs famously “klapped the ball so lekker.” While athletes compete for glory, bookmakers have an entirely different goal: making money off that…
Balancing Children’s Best Interests in Acrimonious Court Battles
On 02 August 2024, the High Court of the Western Cape of South Africa delivered a significant judgment involving disputes related to minor children. The case emphasises a fundamental principle that runs through all family law matters—the best interests of the child. This guiding principle played a pivotal role in the Court’s decision.
In this…
Essential legal terms every first-time homebuyer should know
Congratulations on finding your dream home! The whole purchasing, financing and transfer process can be confusing and daunting. As you figure out the buying process, you might encounter some unfamiliar legal terms. Understanding these terms is crucial for a smooth property transaction. Here’s a helpful guide to the key terms every first-time buyer should know.…
The Top 5 mistakes to avoid in litigation: A guide for South Africans caught up in a legal battle
Can I withhold maintenance if I’m denied contact with my child? Understanding your rights and remedies
In many cases, disputes arise when one parent withholds contact between the minor children and the other parent. The natural reaction might be to withhold maintenance in response, but it’s important to understand that these two aspects – contact and maintenance – are treated separately under the law.
Can I refuse to pay maintenance if…
Monetising white label branding
White Label Manufacturing presents a powerful partnership where manufacturers and brand owners play to their strengths. Manufacturers handle everything from raw material sourcing to packaging, while brand owners focus on branding, marketing, and sales.
However, this relationship often requires significant capital investments from manufacturers to meet market standards, typically on a cost-plus markup basis. Brand…
ESOP trusts for private companies – heads you win, tails you win
Alternative disputes resolution as an option for director and shareholder disputes
Disagreements between directors and shareholders are an unfortunate reality in many South African companies. These disputes can range from minor disagreements on strategy to more serious issues like financial impropriety or deadlocks within the boardroom. While litigation is often seen as the default option, it can be a costly, time-consuming, and reputationally damaging process.
This…