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Have mercy on the taxpayer! The write-off of tax debt in Australia and a South African perspective
11 October 2019 Tax & Exchange Control

Have mercy on the taxpayer! The write-off of tax debt in Australia and a South African perspective

The write-off of tax debts is not unique to the South African tax regime. In the recent case of Burns and Commissioner of Taxation (Taxation) [2019] AATA 3860 (24 September 2019), heard in the Administrative Appeals Tribunal of Australia (Tribunal), the decision by the Commissioner of Taxation (Commissioner) to deny the release of the taxpayer from his taxation liability was reviewed.

Careful how you cancel – a strict approach to following cancellation clauses in construction contracts
9 October 2019 Dispute Resolution

Careful how you cancel – a strict approach to following cancellation clauses in construction contracts

The temptation to terminate a construction contract out of pure frustration can be difficult to resist. It all starts with the project falling behind schedule, an aggrieved party granting an extension to complete the works, only for the extension to be insufficient for the contractor to meet the new deadlines and the project costs increasing day by day. The case of Hodgkinson v K2011104122 (Pty) Ltd and another [2019] 2 All SA 754 (WCC) (Hodgkinson) is a caution to parties employing contractors to pause and carefully consider the cancellation clause contained in the construction contract before acting on the impulse to cancel.

Let’s kill all the lawyers
9 October 2019 Dispute Resolution

Let’s kill all the lawyers

If the title of this article appealed to you, perhaps you’ve recently had to pay an attorney’s invoice. Or you had to pay someone else’s attorney’s invoice? You might be thinking that Dick the Butcher, in Shakespeare’s Henry VI, had a point: “Let’s kill all the lawyers!” Fortunately for us attorneys – and as an aside – it has been reported that this line is often misinterpreted. Dick the Butcher was a follower of the rebel Jack Cade (who led a popular revolt in 1450 against the English government), and thought that if he disturbed law and order, he could become king. Shakespeare was suggesting that attorneys and judges help to maintain law and order! Phew!

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Have mercy on the taxpayer! The write-off of tax debt in Australia and a South African perspective
11 October 2019 Tax & Exchange Control

Have mercy on the taxpayer! The write-off of tax debt in Australia and a South African perspective

The write-off of tax debts is not unique to the South African tax regime. In the recent case of Burns and Commissioner of Taxation (Taxation) [2019] AATA 3860 (24 September 2019), heard in the Administrative Appeals Tribunal of Australia (Tribunal), the decision by the Commissioner of Taxation (Commissioner) to deny the release of the taxpayer from his taxation liability was reviewed.

Careful how you cancel – a strict approach to following cancellation clauses in construction contracts
9 October 2019 Dispute Resolution

Careful how you cancel – a strict approach to following cancellation clauses in construction contracts

The temptation to terminate a construction contract out of pure frustration can be difficult to resist. It all starts with the project falling behind schedule, an aggrieved party granting an extension to complete the works, only for the extension to be insufficient for the contractor to meet the new deadlines and the project costs increasing day by day. The case of Hodgkinson v K2011104122 (Pty) Ltd and another [2019] 2 All SA 754 (WCC) (Hodgkinson) is a caution to parties employing contractors to pause and carefully consider the cancellation clause contained in the construction contract before acting on the impulse to cancel.

Let’s kill all the lawyers
9 October 2019 Dispute Resolution

Let’s kill all the lawyers

If the title of this article appealed to you, perhaps you’ve recently had to pay an attorney’s invoice. Or you had to pay someone else’s attorney’s invoice? You might be thinking that Dick the Butcher, in Shakespeare’s Henry VI, had a point: “Let’s kill all the lawyers!” Fortunately for us attorneys – and as an aside – it has been reported that this line is often misinterpreted. Dick the Butcher was a follower of the rebel Jack Cade (who led a popular revolt in 1450 against the English government), and thought that if he disturbed law and order, he could become king. Shakespeare was suggesting that attorneys and judges help to maintain law and order! Phew!

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

The landscape for women in law
29 August 2019 Pro Bono & Human Rights

The landscape for women in law

National Practice Head and Director in the Pro Bono & Human Rights practice, Jacquie Cassette, recently joined SABC's Morning Live to discuss the landscape for women in law.

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The growing pandemic of cybercrime
7 October 2019 Corporate Investigations

The growing pandemic of cybercrime

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, recently joined Radio Islam to unpack the growing pandemic of cybercrime.

Rescission of judgments taken against you without your knowledge
19 September 2019 Dispute Resolution

Rescission of judgments taken against you without your knowledge

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's 'The Shakedown' to discuss rescission of judgments taken against you without your knowledge. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.