OUR SERVICES

LITIGATION

Litigation refers to the process of taking legal action, whether it be instituting a claim or defending a claim against yourself or company. It is of the utmost importance to have legal representation by a lawyer or attorney.

South Africa is host to a complicated legal system, guidance through the different litigation processes are a vital advantage. Seton-Smith and Associates have a proven track record in the High Court, Regional Court, and Magistrates’ Court in both civil litigation and commercial litigation.

We offer legal advice and services in, but not limited to:

  • Court Appeals
  • Arbitrations and Dispute Resolution
  • Liquidations and Insolvency
  • Contract Formulation

FRANCHISE LAW

A franchise is a chain of businesses trading under the same name, trademark or logo of a major company. Each store or location is owned by a different owner/franchisee, or one owner/franchisee may hold more than one location.

Franchise Law is required when an individual (usually a potential business owner), is looking to purchase a business under the umbrella of a larger corporation and make use of their branding and business model. Seton-Smith and Associates are specialists in franchise Law with a special focus on the Consumer Protection Act.

Services include:

  • Franchise agreements & franchising under the Consumer Protection Act
  • Structuring franchise systems
  • Mediations between franchisee and franchisor.

 

INSOLVENCY LAW

Insolvency refers to a person or business who are unable to pay their debt and are imposed by the court. Seton-Smith and Associates are professionals in insolvency law and are well versed in the actions of Liquidations and sequestrations of companies and private persons respectively. Insolvency law is guided by Act 24 of 1936, which is recorded alongside the Companies Act of 2008. This act allows for the re-structure of businesses or entity to recuperate financials to avoid immediate liquidation and ease payment to creditors. This process is commonly known as Business Rescue.

LABOUR LAW

South Africa’s labour laws have been crafted to give fair rights to both employer and employee. Seton-Smith & Associates offers services to assist both employee and employer on processes required when taking action at the CCMA or Labour Department. In summary, Seton Smith & Associates offers services in:

  • Employment/ Labour law
  • Appeals/reviews to Labour Court
  • Access to CCMA representation

MATRIMONIAL LAW

Matrimonial Law Going about premarital processes such as a prenuptial agreement can be complex and it is of the utmost importance to handle this in a professional and accommodating manner. Seton-Smith & Associates offer premarital contract services are offered at an all-inclusive rate of R3 600.00.

Which includes:

  • An initial joint consultation with both parties to explain and discuss the different matrimonial regimes available in our law, and thereby enabling you to make an informed decision;
  • Drafting of all necessary indemnities and Powers of Attorney;
  • Drafting your ante-nuptial agreement;
  • Follow up consultation if necessary to discuss your agreement and attending to signature thereof;
  • Lodgement and registration at the Deeds Office;
  • Provision of the requisite notary letter as required by your marriage officer;
  • Provision of the duly registered contract on receipt from the Deeds Office;
  • For more information on the process and requirements, please contact our offices prior to your date of marriage as your intended union is governed by statutory legal requirements, which have to be attended to prior to your wedding day.

CONVEYANCING

Conveyancing refers to a branch of law that deals primarily in property law, by means of preparation of documents for the transfer of property and bond cancellations. Seton Smith & Associates approach property transactions with a modern yet dynamic finesse to ensure minimal delays in property registration. Conveyancing in South Africa may only be carried out by a licensed conveyancer: which is an attorney who has passed the National Conveyancing Examination.

DEBT COLLECTION

Debt collection is no easy task, especially when one goes the legal route to get funds due to them from a person or company. Money is a necessity in today’s times, so when a company or person refuses to pay, it’s easy to lose one’s head. However, doing so will not result in getting your funds and one should take the legal route when it comes to debt collection. Seton Smith & Associates specialises in legal recoveries from private persons to national companies and offer a competitive fee structure.

CONTRACT LAW

The drafting of contracts isn’t as simple as putting a verbal agreement onto paper. Contract law is a complex and intricate part of the law. Hiring a firm such and Seton Smith & Associates will ensure legal compliance and maximum protection under the law. Whether drafting or settling contracts or commercial agreements, Seton Smith & Associates are well versed in this service.

CONSUMER PROTECTION LAW

The Consumer Protection Act is a relatively new law in South Africa and has come in to serve as protection for the consumer who may purchase a product or service from a company or business who practices an unfair trade. Seton Smith & Associates deals with the rights under the Consumer Protection Act, submission of complaints under the National Consumer Commission and consulting to consumer protection groups.

PROPERTY LAW

Property law holds many different facets under its belt. Most common examples of property law in everyday life are lease or sale agreements. Seton Smith & Associates are professionals in Residential and commercial lease agreements, sale agreements, rental arrears, disputes between landlord and tenant.

TRUSTS AND ESTATE PLANNING

A Trust refers to legal documentation that allows for an individual’s successor/trustee to transfer personal assets after one has passed. Creating a trust requires complex legal documentation which clearly outlines procedures to be followed when dealing with one’s estate.

ADMINISTRATION OF ESTATES

When one devolves their estate or the estate of one’s loved one. It is important to do this efficiently and proactively,  and Seton Smith & Associates will assist in making this process as seamless as possible. Administration of an Estate is one of the many services offered by Seton Smith & Associates.