LEGAL SERVICES

Commercial Law

McLarens Attorneys offers a wide range of services with the Commercial sphere. We are equipped with the expertise to set up companies as well as ensure their corporate identity and structure is concisely recorded in valid and binding company documents, agreements and policies. Our office has the ability to ensure and enforce corporate compliance.

McLarens Attorneys thrives off its ability to set up tax-efficient company structures that best suit the needs of shareholders. We offer specialised services pertaining to company acquisitions, mergers, amalgamations, and disposals.

McLarens Attorneys is professionally equipped to draft commercial contracts that cater to your specific needs and are specifically drafted for you. We offer assistance in reviewing commercial contracts and ensuring that you are protected as well as ensuring the contracts compliance with the necessary legislation.

McLarens Attorneys is able to assist your company with its due diligence requirements. McLarens Attorneys is further able to assist with B-BBEE structuring in accordance with the Codes of Good Practice and B-BBEE legislation.

Employment Law

Employment law encompasses the relationship between Employer and Employee as well as Trade unions, Employers organisations and labour brokers. McLarens Attorneys offers assistance with all facets of employment and labour law including the Drafting and implementation of Employment policies and procedures / codes of conduct, Drafting of employment contracts and restraint of trade agreements, High Court Applications to enforce restraints of trade and similar applications, Internal disciplinary inquiries, appeal hearings, grievance procedures, both for Employer and employee, Facilitation and management of Private Arbitration proceedings, Appearances at the CCMA, Bargaining Councils and Ombuds,  assistance with Wage Negotiations, Terminations for operational requirements (retrenchments), Mutual separation agreements, Review and Trial procedures in the Labour Court, Assisting Companies and Employees with Strike action, Lockouts and Labour Court related interdicts, Demarcation disputes, Trade Union dispute resolution, Pension and Provident Fund and labour department claims.

Contact us now for assistance with your employment issues.

Read FAQ on Labour Law

Litigation

McLarens Attorneys are experienced litigators in the following forums:

  • Magistrates Court;
  • High Court;
  • Labour Court
  • Arbitrations;
  • Maintenance Court;
  • Domestic Violence Court;
  • Children’s Court;
  • CCMA;
  • Criminal Court;
  • Human Rights Commission;
  • Equality Court;
  • Appeal Courts.

Issues that we litigate include:

  • Alienation of Land;
  • Asset recovery;
  • Building disputes;
  • Bail applications;
  • Contractual disputes;
  • Children disputes;
  • Commercial disputes;
  • Criminal charges;
  • Crimen injuria;
  • Debt collection;
  • Divorces;
  • Domestic violence;
  • Defamation;
  • Deceased Estates;
  • Delictual claims;
  • Evictions;
  • Human rights disputes;
  • Interpleader claims;
  • Interdicts;
  • Liquidations and Insolvency;
  • Lease disputes;
  • Labour disputes;
  • Maintenance;
  • Municipal disputes;
  • Professional negligence;
  • Rule 43;
  • Rule 58;
  • Rei vindicatio;
  • Restraint of Trade;
  • Spoliation;
  • Trust disputes;
  • Unjustified enrichment;
  • Urgent applications.

Family Law

The Family Law department at McLarens helps clients manage problems between persons with familial and domestic relationships. The department has expertise in dealing with all issues surrounding Family Law, including but not limited to the following:

  • Litigation in Maintenance Courts, Domestic Violence Courts, Children’s Courts, Regional Courts and High Courts;
  • Marriages:
    • Drafting of Antenuptial Contracts;
    • Applications to amend matrimonial regime.
  • Divorce;
    • Spousal maintenance;
    • Rule 43/58 applications;
    • Division of Joint Estates;
    • Accrual Claims;
    • Pension Fund claims;
  • Parental Rights and Responsibilities;
    • Rights of Unmarried Fathers;
    • Care and Contact (including residency/custody disputes);
    • Guardianship;
    • Parenting Plans;
    • Agreements of Parental Rights and Responsibilities;
  • Child Travel and Immigration:
    • Temporary/Permanent Relocation Applications;
    • Holiday travels abroad;
    • Emergency travels abroad;
    • Hague Convention Disputes and Referrals;
  • Protection Orders;
    • Domestic Violence;
    • Protection of Harassment;
  • Maintenance Orders:
    • Applications;
    • Enforcement procedures;
    • Investigations;
    • Reciprocal Enforcement Abroad.
  • Surrogacy Agreements;
  • Status documentation disputes:
    • Marriage Certificates;
    • Birth Certificates;
    • Amendments and Corrections;
    • Applications against Department of Home Affairs.

Wills and Deceased Estates

We believe in the importance of a valid and proper Will and are able to assist you in ensuring that your wishes are properly recorded as well as ensuring that the legal requirements are complied with. Notwithstanding the need for a valid Will, our office is able to assist you in effective estate planning to not only ensure that your wishes are properly carried out but that you tax requirements and/or implications are always considered.

We administer deceased estates ranging from Section 18(3) estates to high net worth estates. Our office is well sourced with the proper expertise to administer an estate from the reporting phase through to distribution and closing of the estate.

Trusts

Our offices are equipped with the necessary expertise to assist you with your trust requirements. Not only can we assist you with the setup of a trust, ranging from Family Trusts, Business Trusts, B-BBEE trusts, testamentary trusts, we also act as an independent trustee on numerous trusts to ensure the effective administration of the trust in accordance with the Trust Deed, tax requirements and the applicable legislation.

Our office is able to assist you with the de-registration of a trust, removals of trustees, new appointments of trustees, amendments to trust deeds and appointments of trust auditors/accountants.

Migration

McLarens Attorneys is able to assist you with your tax emigration needs to various jurisdictions. We are further able to assist with the Golden Visa programme.

Our office is equipped to set up and administer off-shore structures in compliance with different jurisdictional legislation as well as our legislation and SARS requirements.

McLarens Attorneys is in a position to assist through our Associate offices in Dubai, Melbourne and Lisboa

Pension & Provident Funds

McLarens Attorneys has experience in drafting Retirement Fund Rules, Appointments as principle officers and independent trustees of funds, Interpretation of the Pension Funds Act and Rules, Rule 37(3) determinations, Dealing with the Financial Service Board (FSB), lodging complaints with the Pension Funds adjudicator, Spousal Maintenance claims against funds in divorce proceedings.

Correspondent Attorneys Randburg

McLarens Attorneys acts as Correspondent attorneys in the following courts:

  • Randburg Magistrates Court;
  • Johannesburg Magistrates Court;
  • Johannesburg High Court (South Gauteng High Court);
  • Land Claims Court;
  • Johannesburg Labour Court;
  • Constitutional Court.

We attend to court appearances, urgent applications, applications, trials, service and filing, indexing and pagination.

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