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Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles
07 April
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Rule 43 Applications: What Divorcing Spouses Must Know

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in Hammond Pole Blog

Divorce is often a lengthy and emotionally challenging process. While a divorce case is pending, important issues such as financial support and arrangements for children still need to be addressed. In South African law, Rule 43 of the Uniform Rules of Court provides a mechanism for spouses to obtain interim relief while the divorce proceedings are ongoing. Understanding how Rule 43 works can help divorcing spouses ensure financial stability and protect the interests of their children during this transitional period.   What Is a Rule 43 application? A Rule 43 application is a court application brought during divorce proceedings to request temporary relief. Its purpose is to regulate important matters...

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07 April
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Outstanding Balances vs Arrears: Why The Difference Matters In Court

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When dealing with debt, especially in legal proceedings, the terms arrears and outstanding balance are often used interchangeably. However, in court, they mean very different things. Misunderstanding this distinction can have serious consequences for both creditors and consumers.   What is an outstanding balance? The outstanding balance refers to the total amount still owed on a credit agreement. This includes: The original loan amount (or remaining capital) Accrued interest Fees or charges (if applicable) In simple terms, it is the full debt still unpaid, regardless of whether payments are up to date or not.   What are arrears? Arrears are the missed or overdue payments on an account. This is the portion of the debt that should have been paid...

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27 February
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Financial Year-End Compliance: A Commercial Law Checklist For Directors And Business Owners

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Financial year-end compliance: a commercial law checklist for directors and business owners As the financial year draws to a close, businesses face more than accounting deadlines. Year-end is a critical legal compliance milestone. It is one that directly affects directors’ duties, corporate governance, tax exposure, contractual risk and long-term commercial strategy. Taking a proactive commercial-law approach now can prevent regulatory penalties, shareholder disputes, cash-flow strain and reputational damage later. Below is a structured legal compliance guide to help your business close the year correctly and enter the new one on solid footing.   1. Annual Returns & Statutory Compliance Every registered company and close corporation must ensure...

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25 February
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When Is A Power Of Attorney Valid in South Africa?

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When is a Power of Attorney valid in South Africa? A Power of Attorney (POA) is one of the most frequently used legal instruments in both personal and commercial matters. Whether you are transferring property, managing financial affairs while abroad, or authorising someone to act on your behalf in a specific transaction, a POA is a practical and powerful tool. However, a POA is only valid if certain legal requirements are met, and it can terminate automatically, sometimes without the parties realising it. Understanding when a POA is valid, and when it is not, is essential to avoid costly delays and disputes.   What...

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17 February
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Candidate Legal Practitioners – 2027 Intake

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Hammond Pole Attorneys invites applications from high-calibre final-year LLB students and recent graduates for Candidate Legal Practitioner positions commencing in 2027. We are a dynamic and growing law firm, serious about service and committed to delivering practical, solution-driven legal services. Our practice offers candidate legal practitioners exposure to meaningful responsibility, hands-on legal work, and professional mentorship within a demanding but supportive environment. Application Requirements Interested candidates are required to submit an application by email with the following mandatory format and documentation: Email subject line (strictly): CLP - HP - Initial and Surname Email address for submission: Employment <employment@hpd.co.za> Attachments (in PDF format): Detailed Curriculum Vitae Full academic record ...

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13 February
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The Matrimonial Property Rights & Consequences From A Customary To A Civil Marriages

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In the landmark Judgement of VVC v JRM and others CCT202/24 the South African Constitutional Court has clarified and cemented how matrimonial property rights, consequences and regimes operate when couples move from a customary marriage to a civil marriage. The judgment, handed down on 21 January 2026, overturned a High Court ruling that had found Section 10(2) Recognition of Customary Marriages Act unconstitutional. The Constitutional Court has made it clear that couples cannot casually change their matrimonial property arrangements once a customary marriage already exists without judicial oversight. The Recognition of Customary Marriages Act has been adopted to correct the historical...

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14 January
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Legal Steps For A Brighter 2026

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The start of the year is the prime time for businesses to reflect on their achievements and challenges, reset their objectives, and reorganise their strategies to ensure a promising path forward in 2026. At the forefront of these efforts should be an exhaustive review and timely update of your legal documentation and strategic planning across all business areas.   Legal documentation and compliance: A New Year’s priority Review contracts and agreements: start the year by examining existing client, supplier, and partnership agreements to ensure they align with current business objectives and comply with the latest regulations. Update policies and procedures: essential policy...

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14 January
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Post-Holiday Financial Reflection: Avoiding Debt After the Festive Season

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The festive season is often a time of joy, celebration, and connection — but it can also leave a lasting impact on your finances. As January unfolds, households across South Africa may face the realities of overspending during December, making the start of the year a critical time to reassess financial habits and ensure a healthier financial future. At Hammond Pole Attorneys, we understand the challenges associated with debt, legal recoveries, and collections. While these may be necessary for certain situations, we believe in empowering individuals with the knowledge and tools to minimise financial stress and avoid these pitfalls altogether. By reflecting...

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02 December
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Eight Tips To Consider Before Buying Or Selling A Property Before Year-End

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The countdown to the festive season has begun and this brings a surge in property activity, as buyers and sellers rush to wrap up deals before year-end. Whether you’re hoping to move into a new home before the holidays or finalize a sale for financial planning purposes, the year-end period can be a surprisingly complex time for property transactions. While exciting, this rush can also create challenges, from delayed registrations to overlooked contract terms. Here’s eight tips to avoid the most common pitfalls and ensure your property transaction goes smoothly during the busiest period of the year.   1. Festive Season Shutdowns Can Cause...

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01 December
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Healthy Separation Over The Holidays: Protecting Your Rights

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The festive season is meant to bring joy and connection, but for couples who are separating or recently separated, it can also be an emotionally charged and legally complicated time. From parenting arrangements to financial pressures, the holiday period often highlights unresolved issues and creates conflict where routines normally offer stability. A healthy and happy separation is possible over the holidays. With the right legal awareness, preparation, and communication, you can protect your rights while creating a calmer experience for yourself and your children. Here are key steps to navigating separation during the festive season, in a way that is safe, structured,...

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