Civil Law refers to non-criminal law. IA law is able to assist clients with all legal matters falling within the wide

spectrum of Civil Law including but not limited to Medical Law, Family Law, Labour Law, Contract Law, Property

Law, Intellectual Property Law, Insolvency Law, Insurance Law, Law of Succession.

Corporate Law is the area of law which deals with the legal principles applicable to companies and other legal entities. Commercial Law focuses on the legal principles applicable to the relationships between persons and entities in the business and commercial sphere. IA Law is equipped to deal with all corporate and commercial matters including but not limited to the drafting of (and litigation of):

• Shareholders Agreements;

• Supply and Distribution Agreements;

• Deeds of Sale;

• Financing and Funding Agreements;

• Sale of Shares Agreements, Sale of Members' Interest Agreements and Sale of Business Agreements.

• Liquidations and Sequestrations;

• Sale of Shares, Members’ Interests and Businesses;

• Company and Corporate Law;

• Insurance, Pension Funds and Medical Schemes Law;

• Commercial Litigation;

• Due Diligence Investigations;

• Insurance Law;

• Mergers, Acquisitions and Restructuring;

A contract refers to a legally enforceable agreement between two or more parties that creates an obligation to do or

not do particular things. A "party" can be a person or corporation. Contracts typically involve parties who are

"competent" to enter into a contract, and a mutual agreement between the parties. Some kinds of agreements must be

in writing. When a breach of contract occurs and one or both parties wish to have the contract enforced on its terms

and attempts at informal resolution have failed the aggrieved party can file a lawsuit in the appropriate civil court.

In some cases, parties will attempt mediation before a lawsuit is filed. A party that is successful in mediation or court

may be granted specific performance(an order commanding the breaching party to hold up their end of the agreement) or one

of a number of different kinds of damages. Contract law provides a legal framework within which persons can transact business

and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary,

enforce them. The law of contract underpins private enterprise in South Africa and regulates it in the interest

of fair dealing. IA law specializes in contractual disputes and the drafting of complicated and intricate legal

agreements in all areas of practice.

Family law is the legal practice area which focuses on issues involving family relationships

such as adoption, divorce, and guardianship. Attorneys practicing family law can represent clients in family court

proceedings or in related negotiations. Some family law attorneys even specialize in adoption, paternity, emancipation,

or other matters not usually related to divorce.

IA Law is committed to provide expedient professional services to clients.Our team of experienced legal

practitioners are equipped to handle all family law matters including but not limited to:

• Divorce proceedings;

• Divorce mediation and settlements;

• Children’s rights and access to children;

• Maintenance and patrimonial issues relating to marriage and divorce;

• Domestic violence and harassment;

• Adoptions; and

• Guardianship applications and mediations.

Property law is the area of law that governs the various forms of ownership in real property and personal

property. Property refers to legally protected claims to resources such as land and personal property,

including intellectual property. IA Law is equipped to deal with all your property matters including

but not limited to:

• Drafting of deeds of sale;

• Property transfer and registrations;

• Deceased and insolvent estate transfers;

• Drafting of rental agreements;

• Drafting of development agreements;

• Drafting of business contracts;

• Drafting of loan agreements;

• Deed office searches; and

• Legislative and regulatory advice

Is the branch of law regulating the relationship between employers and employees. IA Law is equipped to

assist in all labour matters, including but not limited to:

• HPCSA hearings;

• CCMA matters;

• Drafting of employment contracts;

• Termination of employment;

• Unfair dismissals;

• Disciplinary hearings and appeals;

• Restraints of trade;

• Resolution of disputes in Bargaining Councils;

• Representing clients in labour related litigation; and

• Urgent Court applications.

Franchising is one of the most aggressive forms of business expansion. Franchise agreements are often extremely

onerous and one sided in favour of the franchisor. Franchisees nevertheless still sign these agreements as

they are desperate to take advantage of the franchise businesses intellectual property, know-how and

business system which is proven to be secure and profitable. However, it is important that you as

a franchisee read and understand all the terms of your franchise agreement before you sign to avoid

getting caught in expensive litigation. The experienced legal team at IA Law is equipped to assist

with all franchisor franchisee disputes, drafting of franchise agreements, disclosure documents,

operation manuals and all other franchise related matters.

IA Law specializes in dispute resolution and hearings instituted by the Health Professions Council South Africa

(HPCSA) against medical practitioners. IA Law is equipped to handle all medical

law matters including but not limited to:

• Drafting representations to the HPCSA and relevant labour department of hospitals relating to the suspension of medical practitioners for whatever reason.

• Dispute resolution between medical practitioners and the HPCSA and assisting healthcare practitioners with professional conduct proceedings before the HPCSA.

• High Court appeals in terms of section 20 of the health professions act.

Intellectual property is a category of property that includes intangible creations of the human intellect.

The most well-known types are copyrights, patents, trademarks, and trade secrets.

What is a trade mark?

A trade mark is any sign capable of being represented graphically, and includes a picture, signature,

colour, numeral, shape, configuration, pattern, container for goods or any combination of these.

Can I register my trade mark?

To be registrable, a trade mark must be capable of distinguishing the goods or services to which the trade

mark relates from the goods or services of a competitor. A trade mark can either be inherently capable

of distinguishing, such as in the case of fabricated words or symbols, or can have become capable of

distinguishing through use. A trade mark that is purely descriptive of the goods or services to which

the trade mark relates, or which is commonplace as regards those goods or services,

is generally not registrable.

Furthermore, the trade mark must be sufficiently different from any trade mark already applied for,

registered, or in use. Applications for trade marks are examined, and will be rejected if so similar

to any trade mark already applied for or registered that the use of the new trade mark may lead to deception

or confusion. For this reason, it is advisable to carry out registrability searches before applying for the registration

of a trade mark.

What is copyright?

Copyright is the right given to the author or proprietor of a copyright work not to have that work reproduced

without authorisation. Copyright is property and may be sold, assigned or licensed for use by others.

What is protected by copyright?

Copyright may vest in any the following works:

Literary works (including novels, stories, poems, stage directions, textbooks, essays, letters, reports,

instruction manuals, written tables and compilations, etc);

Computer programs and software;

Artistic works (including paintings, sculptures, drawings, engravings, photographs, works of architecture

and technical drawings);

Musical works;

Cinematographic films; and

Radio and television broadcasts.

For copyright to vest in a work, the work must be the product of original skill and effort and must be reduced

to a material form. Copyright cannot, therefore, exist in an idea that has not been reduced to material form.

Enforcement of IP Rights

Intellectual property rights are enforced through the various courts in South Africa. In the case of patent

matters, the court of first instance is the Court of the Commissioner of Patents, a specialist court having the

same authority as a single judge of the High Court. In other intellectual property matters, such as trademark and

registered design disputes, the court of first instance is the High Court. An appeal against a decision of the

Court of the Commissioner of Patents or the High Court can be made to the full bench of the High Court

(a panel of three judges instead of one), or to the Supreme Court of Appeal in Bloemfontein, the highest

court of appeal in all matters except constitutional matters. South African courts are generally well

disposed towards intellectual property rights holders and, in our experience, are more likely to find for

a rights holder than against it.

IA Law is equipped to deal with intellectual property litigation, including trademark, registered design and

unlawful competition matters. We are also able to assist with registration of trademarks.

Insolvency refers to a status of diminished legal capacity (capitis diminutio) imposed by the courts on persons

or entities who are unable to pay their debts, or (which amounts to the same thing) whose liabilities exceed their

assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal capacities

and rights in the interests of protecting other persons, primarily the general body of existing creditors and

also prospective creditors. Insolvency is also of benefit to the insolvent, in that it grants the insolvent relief in certain

respects.In broad and everyday terms, a person is insolvent when he is unable to pay his debts. In legal terms,

however,the test for insolvency is whether or not the debtor's liabilities, fairly estimated exceed his assets

fairly valued. The inability to pay debts is, at most merely evidence and in itself not insolvency.A person who has

insufficient assets to discharge his liabilities, although he satisfies the test for insolvency, is not treated as

insolvent for legal purposes unless his estate has been sequestrated by an order of court. A sequestration order is

a formal declaration that a debtor is insolvent. The order is granted either at the instance of the debtor himself

(voluntary surrender) or at the instance of one or more of the debtor's creditors (compulsory sequestration).

The liquidation process for entities can be defined as the process in which a company voluntarily

proceeds to declare itself as being insolvent or where a creditor of the company brings an application to court in

order to have the company declared insolvent. The result thereof is that the company may no longer proceed to operate

its business. Sections 79 to 83 of the Companies Act No 71 of 2008 provides the procedure to be

followed when winding up a company, either voluntarily or through a court order (i.e. involuntary liquidation).The

experienced and committed team at IA Law is equipped to assist you with all liquidation and sequestration matters.

A trust is a legal arrangement whereby control over property is transferred to a person or organisation

(the trustee) for the benefit of someone else (the beneficiary). You can register two types of trusts,

namely the inter-vivos trust and the testamentary trust. The inter-vivos trust is created between living

persons, whereas the testamentary trust is derived from the valid will of a deceased person. It is important

that clients engage the services of experienced legal practitioners when forming a trust. This will avoid any

disputes and costly litigation in the future. Our team at IA law has a sound understanding of the nature and

implications of each trust classification. We are able to assist you in drafting and registration of your

trust in accordance with your requirements.

An ‘estate’ consists of the deceased’s immovable and movable assets at the time of his or her passing.

The main objective in the administration of a deceased estate is to transfer ownership of assets from

the name of the deceased person to the names of the beneficiaries mentioned in the will or according to

the laws of intestate succession. When a person dies within the Republic, leaving assets

(or dies outside the Republic but has assets here) his or her estate must be administered and distributed

in terms of the deceased’s will, or failing a valid will, in terms of the Intestate Succession Act, 81 of 1987.

The Administration of Estates Act, 66 of 1965 lays down the procedure which must be followed to administer a deceased

estate. The person appointed to administer a deceased estate on behalf of the deceased is known as the

executor/executrix of the estate. This person is appointed by the deceased in his/her will or by the master with

the aid of the nominations of the heirs (where a person dies intestate). Before this appointed person may administer

the estate of the deceased, a letter of executorship or authority (where the estate is less than R250 000) must be

obtained from the Master of the High Court. Without this letter, the executor may not administer the estate and distribute