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Commercial and Corporate Law

Commercial and Corporate Law

We offer expert advice on a wide range of commercial activities, including:

Company and Trust formation

Franchising

International agreements

Joint Venture agreements

Public Private Partnerships

Restructures and mergers

Structured finance

In collaboration with specialist partners, we also attend to Intellectual Property matters, which includes the registration of Patents and Trademarks.

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Contractual Law

Contractual Law

This department focuses on the drafting of agreements and providing legal advice and opinion on a range of contractual matters. Commercial contracts include shareholders and association agreements, purchase and sale agreements, lease agreements, sale of shares, contract agreements, partnership agreements and more. We cover all areas of law, including:

Aviation

Banking and Finance

Business Rescue

Commercial and Corporate

Construction

Insolvency

Intellectual Property

International Trade and Cross-Border transactions

Mining

Notarial

Petroleum and Energy

Property

Security

Servitudes

Trusts and Wills

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Conveyancing

Conveyancing

Our dedicated office of Conveyancing specialists in Umhlanga operates with highly qualified staff and partner firms in Pietermaritzburg and Pretoria to facilitate sales, administration, management and development of property transactions throughout the country. Services are provided for all types of property-related agreements and litigation, such as residential, commercial and agricultural transactions, transfers, mortgage bonds and sectional title schemes.

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Debt Recovery

Debt Recovery

Consisting of attorneys and former magistrates, our Debt Recovery team offers professional investigation, collections, litigation and post-judgment recovery services for small and medium-sized companies.

We recognise that debt is not always recoverable, thus we also provide clients with an in-depth investigation and report of the status and standing of the debtor, as well as a cost-benefit analysis to illustrate the financial viability of recovery. Through this method, we are able to help our clients make the best possible decisions.

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Family Law

Family Law

Our firm has vast experience in all aspects of Family law, which covers the scope of Divorce, Maintenance, Custody, Guardianship, Paternity, Child Protection, Domestic Violence, Elder law, Incapacity, Co-habitation and Family Trusts. Our approach to Family law is to ensure the best interests of children are served, in a way that causes the least emotional and financial detriment to the parties involved. We also consult regularly with the Family Advocate’s Office, mediators and psychologists to facilitate the most amicable and sensible outcome.

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Insolvency and Business Rescue

Insolvency and Business Rescue

Pather & Pather handles all matters relating to insolvency (liquidations and sequestrations), Business Rescue and Informal Workouts and Turnarounds. Our team members have a high level of skill, providing expertise and common-sense to obtain the best result possible for Opposed Insolvencies, Schemes of Arrangement, Compromise and Composition, Rehabilitation, Resolution, Requisitions for Appointment for Trustee or Liquidator, Surrenders of Estate and more.

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Insurance Law

Insurance Law

We deal with all aspects of insurance law, third-party recoveries and FSB-related law, including long and short-term insurance, as well as litigation and drafting of agreements, legal advice and opinion on all of the above. We also have experience in dealing with both the long and short-term Ombudsman, operating with and against insurance agencies as required.

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Labour Law

Labour Law

Pather & Pather adopts a comprehensive and holistic approach to Labour law, involving training, counselling and problem-solving. We also advise clients on non-adversarial aspects, including employment terminations, early retirement plans, affirmative action and grievance procedures. In addition to disciplinary enquiries, coalitions and arbitrations at the CCMA, we handle litigation at the Labour and Labour Appeal Courts. Our attorneys sit as part-time commissioners in matters for various labour-related councils, and are thus well-versed in this field.

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Litigation

Litigation

Our strength in this area lies in thorough preparation and investigation prior to trial presentation. We have on call some of the country’s leading counsel, trial consultants, forensic experts and physicians, and we utilise key partner firms to handle out-of-town litigation. Alternative dispute resolution, namely Mediation and Arbitration, is also an area where we have extensive experience.

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Notarial

Notarial

Notarial law and practice encompasses the drafting and registration of Ante-Nuptial and Post-Nuptial Contracts, Mortgages, Leases, Servitudes, Donations, Protests, Powers of Attorney and Authentication, Attestation and Certification for foreign and local jurisdictions.

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Public Administrative Law

Public Administrative Law

Matters relating to the investigation, negotiation and review of decisions made by public entities fall into this category. Services include guidance with the compliance requirements of Administrative law, as well as Tender processes.  We also deal with matters relating to the Promotion of Access to Information and Promotion of Administrative Justice Acts.

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Wills, Estates, Trusts and Planning

Wills, Estates, Trusts and Planning

The Wills and Estates Department is well versed in winding up Deceased Estates, drafting Redistribution Agreements, settling disputes, litigation relating to Deceased Estates, disposal or transfer of property and assets, as well as Estate Planning.

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