Our legal services include:

Litigation

Financially prejudiced; injured; suffered a monetary loss; incurred damages; defamed; contractual breaches and contraventions; enforcement of contracts; motor vehicle accident damages; property infringements; interdict to perform or prevent a wrong doing?

Contemplating legal action?

We can assist:

  • To institute legal proceedings or defend/oppose legal proceedings, alternatively obtain the necessary interdictory relief not only within our Durban jurisdiction but also anywhere in South Africa and the following countries Lesotho and Swaziland. We work with reliable corresponding attorneys within these jurisdictions and usually on a reduced tariff as they are engaged as post-box attorneys.
  • With litigation regarding the Consumer Protection Act, 2008 and litigation relating to credit agreements and disputes under the National Credit Act, 2005.
  • To resolve disputes through negotiation, mediation and arbitration.

The assurance of Lomas-Walker Attorneys, is providing honest and competent legal representation, and at the same time employing cost-effective methods to dispose litigation and disputed matters by the avoidance of unnecessary litigation tactics and trials and the shortening of those matters that do proceed to trial.

Property law

Litigation and advice relating to all Community Schemes: Sectional Title Schemes, Share Blocks, Property Owner Association matters including legal proceedings relating to non-compliance with the Rules and the applicable statutory legislation

  • Draft the Memorandum of Incorporation for Property Owner Associations
  • Drafting Management and Conduct rules
  • Drafting specialised resolutions
  • Attend Annual General Meetings, trustee meetings etc.
  • Litigation and advice relating to Landlord and tenant lease issues
  • Recovery of the arrear rental and damages for residential and commercial properties
  • Draft lease agreements (commercial and residential with CPA applicability)
  • Applications to evict
  • Attachment of Property Applications in security of rental
  • Overall any matter that relates to the rights and obligations of property owners and/or between landlords and tenants

Debt Collection

We have an extensive debt collections practice representing various Bodies Corporate, Share Blocks and Property Owner Associations and a number of commercial clients, relating to claims ranging from goods sold and delivered, (mostly arising from the conclusion of incidental credit agreements/credit agreements), suretyships, and acknowledgement of debts, professional services rendered, various suppliers; residential and commercial rental collection matters.

Depending on the type of debt recovery, we charge for services rendered on the relevant Magistrates Court tariff in accordance with the claim amount and on the attorney and client scale.

We have invested and utilize a collection of useful software and variety of technologies and methodologies for prompt streamlined services.

Family law

Family law (Incorporating domestic partnership relationships)

  • Institute or defend Divorce proceedings in the Regional Court and in the High Court
  • Provide general advice on various aspects relating to Divorce
  • With regards to divorces, we endeavour to reach an amicable settlement between the spouses prior to even instituting the divorce summons, so to minimise lengthy and costly divorces
  • Institute or defend Domestic Violence Interdicts and Harassment Orders.
  • Draft settlement agreements relating to the proprietary consequences of marriage
  • Draft parenting plans
  • Attend to Maintenance matters and access issues relating to children
  • Draft Life Partnership/ Co-habitation agreements
  • Draft Antenuptial Contracts
  • Application for maintenance and attend to Maintenance Disputes

Commercial and Contract law

We have knowledge and experience in most areas of commercial and contract law in order to navigate individuals, micro and macro businesses through the often complex and daunting maze with regards to these areas of the law. We offer the following range of advice and services:

  • Advise on legislation regarding Companies Act; National Credit Act, Consumer Protection Act, Electronic Communications and Transaction Act and Protection of Personal Information Act
  • Advise on deregistered Close Corporations and the restoration of the Close Corporation
  • Draft Company’s Memorandum of Incorporation, Resolutions
  • Draft various types of agreements and demand guarantees
  • Draft Credit agreements/Credit Applications

Correspondent work

We act as correspondent attorneys for matters within our jurisdiction- Pinetown Magistrates Court; Durban District and Regional Magistrates Court; Durban High Court and the Durban Labour Court.

Lomas-Walker Attorneys is ideally situated in Westville, with easy access to the Pinetown Magistrates’ Court (a distance of 9 km’s away), Durban Magistrates’ Court (a distance of 13 km’s away) and the High Court [Durban] (a distance of 15 km’s). We are also within the Labour Court jurisdiction being not less than 15 kilometres from court.

We offer an efficient, reliable and accurate reporting service. Our expertise in civil litigation is an added advantage as we not only act as post box agents, we often provide advice and assist instructing attorneys to streamline and expedite their instructions. Our fees are charged according to the relevant Court’s tariff and in certain matters fees are also per a specific fee arrangement.

Mediation

Mediation is now a very useful mode of alternative dispute resolution, where parties are encouraged to communicate, negotiate and settle their disputes within a reasonable period of time, inexpensively and most importantly without adversarial litigation. Let us help you?

Insolvency law

  • Advise and assess insolvency proceedings including Business Rescue Proceedings and the impact of insolvency and business rescue on creditors
  • Institute Sequestration and Liquidation applications and opposed Liquidation applications.