ArticleCorporate Governance Checklist For 2024As we sail into 2024, the waters of corporate governance remain choppy, exacerbated by shifting currents of regulations, stakeholder expectations, and technological advancements. South AfricaCorporate/Commercial LawBarnard Inc.
ArticlePublic Benefit Activities Vs Non-Profit Organisations: A South African Guide To Tax-Exempt StatusPublic Benefit Organisations (PBOs) and Non-Profit Organisations (NPOs) are often used interchangeably and is a common source of confusion, especially when dealing with their respective tax obligations and regulatory frameworks in South Africa.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Role Of CIPC In Business Rescue ProceedingsBusiness rescue proceedings in South Africa are regulated by Chapter 6 of the Companies Act 71 of 2008, which aims to facilitate the rehabilitation of financially distressed companies. South AfricaCorporate/Commercial LawBarnard Inc.
ArticleUsing Section 65 Financial Enquiries To Recover DebtPicture a scenario where XYZ Components supplies R120 000 worth of specialised parts to a customer on 30-day terms. Ninety days...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleFiduciary Law In 2024: Essential Wills Guidance For Business OwnersRegardless of if you're a small business entrepreneur or a medium-sized business owner, planning for a family, or just married, a Will is one of the most crucial documents you'll ever sign. South AfricaFamily and MatrimonialBarnard Inc.
ArticleHandling Parenting DisagreementsDisagreements between parents about how to raise their children are common, whether relating to schooling, medical treatment, discipline, or general day-to-day decisions.South AfricaFamily and MatrimonialBarnard Inc.
ArticleNext Steps Following The High Court Divorce Act JudgmentIn a judgment that was handed down by the High Court in Pretoria on 11 May 2022, a portion of the Divorce Act was declared unconstitutional. Social media is abuzz with articles relating to the different legal principles...South AfricaFamily and MatrimonialBarnard Inc.
ArticleUnderstanding Customary Marriage In South African LawIn the vibrant mosaic of South Africa's legal system, customary law stands out for its deep cultural roots and contemporary significance. Customary marriage underpins the social fabric...South AfricaFamily and MatrimonialBarnard Inc.
ArticleYes, We Are! No, We're Not! Customary Marriages Under The SpotlightA recent case, Mashisane v Mhlauli which was moved up to the Supreme Court of Appeal, shed light on the challenges surrounding customary marriages and marital property agreements.South AfricaFamily and MatrimonialBarnard Inc.
ArticleSafeguarding Older Persons In South Africa: Duties To Report The Need For Care And ProtectionOlder persons may become vulnerable for many reasons, including declining health, isolation, financial dependence, or unsafe living conditions. The Older Persons Act 13 of 2006 recognises these risks and sets out...South AfricaFood, Drugs, Healthcare, Life SciencesBarnard Inc.
ArticleConstitutional Court Looking Out For The BlindImagine not being able or, at least, having the opportunity to read Don Quixote or Macbeth due to a disability. This is felt hardest by those with visual and print impairments.South AfricaIntellectual PropertyBarnard Inc.
ArticleEminem v "Swim Shady"US rap icon Marshall B. Mathers III (Eminem) is challenging Australian beach-brand "Swim Shady" across two fronts – a cancellation action in the United States and an opposition plus infringement fight in Australia.South AfricaIntellectual PropertyBarnard Inc.
ArticleIn-Depth: Principled Negotiations After Your IP Portfolio Has Been ValuedIP Valuation is a specialised field, as was explained in our previous article. In summary, our IP Valuation hypothesis is rooted in sustainability, illustrated by two interdependent trend lines...South AfricaIntellectual PropertyBarnard Inc.
ArticleSole Searching In AI: What Louboutin's Trademark Battle Teaches Us About Legal TechWhen you think of Christian Louboutin, what comes to mind are the brand's iconic, red-soled high heels, a trademark that has turned heads on catwalks and red carpets around the globe.South AfricaIntellectual PropertyBarnard Inc.
ArticleThe Seven Sins Of Business: Unlawful Competition In The South African ContextIn the intricate landscape of business practices, ‘unlawful competition' is a term that encapsulates a multitude of unfair trading methods. Often, in South Africa...South AfricaIntellectual PropertyBarnard Inc.
ArticleWhaddya Mean Megan Owns It Already?!Dwayne 'The Rock' Johnson is under threat of potential legal action for brand infringement after U.S. women's national team star Megan Rapinoe said the logo for Johnson's latest venture looks similar...South AfricaIntellectual PropertyBarnard Inc.
ArticleThe Reliance On What Is ‘Reasonable' Under The Circumstances In Contractual RelationshipsAn area of difficulty that often confronts the courts is that of contractual disputes – particularly in respect of the enforcement or non-enforcement of contracts/contractual terms. South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleWhat Litigators Do All DayMost people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleThese Are The Types Of Cyber Attacks That Must Be Reported To The Information RegulatorCyber-attacks are described as any destructive and deliberate conduct or attempt by an individual or organisation, in order to gain unauthorised access to an information system of another individual or organization.South AfricaPrivacyBarnard Inc.
ArticleWhat Is A Right Of Way Servitude?A servitude of right of way is a legal mechanism that grants a person the right to pass through another person's property.South AfricaReal Estate and ConstructionBarnard Inc.