Heckroodt & Associates

Heckroodt & Associates Heckroodt & Associates is a leading and dynamic law firm situated in Waterkloof Pretoria.

Our firm is a commercial law firm specializing primarily in high court litigation but also assist various legal fields in general.

WHAT IS BUSINESS RESCUE?Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company ...
22/04/2020

WHAT IS BUSINESS RESCUE?

Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed. a Temporary moratorium (stay) on the rights of claimants against the company or in respect of property in its possession; and the development and implementation, if approved, of a business rescue plan to rescue the company by restructuring its business, property, debt, affairs, other liabilities and equity (section 128(1)(b)).

WHAT IS THE AIM OF BUSINESS RESCUE?

The aim of business rescue is to restructure the affairs of a company in such a way that either maximises the likelihood of the company continuing in existence on a solvent basis or results in a better return for the creditors of the company than would ordinarily result from the liquidation of the company (section 128(1)(b)(iii)).

WHEN SHOULD A COMPANY COMMENCE BUSINESS RESCUE?

A company should commence business rescue proceedings at the first signs of it being financially distressed, within the meaning of the Act. That is, either when it is reasonably unlikely that a company will be able to pay its debts when they fall due for payment in the immediately ensuing six months or when it is likely that the company will become insolvent in the immediately ensuing six months.

WHEN DOES BUSINESS RESCUE BEGIN?

In terms of section 132 of the Act business rescue proceedings commence when –
the company (i) files a resolution to place itself under supervision in terms of section 129 of the Act; or (ii) applies to court for consent to file a resolution in terms of section 129(5)(b) (i.e. if a company fails to comply with the provisions of subsections (3) and (4) it must approach the court for leave to file another resolution if it wishes to do so within the three month restricted period); or
a person applies to court for an order placing the company under supervision in terms of section 131(1); or
a court makes an order placing a company under supervision during the course of liquidation proceedings or proceedings to enforce a security interest (section 131(7)).

We would just like to let everyone know that our offices will be closed from the 15th of December to the 8th of January....
13/12/2017

We would just like to let everyone know that our offices will be closed from the 15th of December to the 8th of January. We hope you all have a great Christmas and an even better new years 🎅

Goodluck to all the University students starting exams today. We wish you the best of luck. 😁
06/11/2017

Goodluck to all the University students starting exams today. We wish you the best of luck. 😁

Happy Friday 😃
20/10/2017

Happy Friday 😃

BREAST CANCER AWARENESS MONTHThere are a few different types of breast cancer and it is very important to diagnose it co...
19/10/2017

BREAST CANCER AWARENESS MONTH

There are a few different types of breast cancer and it is very important to diagnose it correctly. Doctors have very strict instructions to follow when diagnosing breast cancer, this is put in place so that they can ensure that whatever is needed by the patient will be done and that only the best possible outcome would be achieved. As a women that is going through such a hard time the last thing you need is for a Doctor to be negligent. Here is the different types of negligence and what you can do about it.

Types of negligence in breast cancer treatment:

Staging: Once the diagnosis has been made, it will be staged. That means they assess the level of that cancer to see if it has spread to other areas of your body. The treatment differs depending on the of the type and staging of the cancer, thats why it is so important that it is done correctly. If there is a failure to properly stage your cancer, you will receive inappropriate or insufficient treatment.
Surgery: Surgery can be used to either remove the cancer or all the affected tissue. Negligence occurs when the cancer is not properly removed or if healthy breast tissue is unnecessarily removed. There may also be problems with reconstructive surgery, leading to uneven breasts or scarring.
Monitoring: Once the cancer is treated, patients will need to be monitored regularly to ensure that the cancer does not recur. If monitoring is not done appropriately or for long enough, there is a high chance cancer could return and be missed allowing it to spread .
Radiotherapy/Chemotherapy: Radiotherapy, Chemotherapy and Hormone therapy are used to eradicate cancer, however they also attack healthy cells, because of this they must only be used when required and appropriately to ensure that the cancer is treated and that any damage to healthy tissue is limited.

What can be done?

If you feel like you have received negligent medical care you have the full right to contact a lawyer and move further from there. If you received any inappropriate or negligent care you are entitled to compensation. This money is to try to put you (the patient) back in the position you would have been in if the negligence had never occurred. The level of compensation awarded will be based on the extent of injuries and financial losses caused directly by negligence.
Injuries include the need for further treatment, scarring and reduced life expectancy.
Financial losses include loss of earnings, need for future treatment and any equipment or adaptations that you may need.

* Contact Heckroodt & Associates to book a consultation now: 012 940 3555*

OCTOBER IS BREAST CANCER AWARENESS MONTHThere are a few different types of breast cancer and it is very important to dia...
19/10/2017

OCTOBER IS BREAST CANCER AWARENESS MONTH

There are a few different types of breast cancer and it is very important to diagnose it correctly. Doctors have very strict instructions to follow when diagnosing breast cancer, this is put in place so that they can ensure that whatever is needed by the patient will be done and that only the best possible outcome would be achieved. As a women that is going through such a hard time the last thing you need is for a Doctor to be negligent. Here it the different types of negligence and what you can do about it.

Types of negligence in breast cancer treatment:

Staging: Once the diagnosis has been made, it will be staged. That means they assess the level of that cancer to see if it has spread to other areas of your body. The treatment differs depending on the of the type and staging of the cancer, thats why it is so important that not is done correctly. If there is a failure to properly stage your cancer, you will receive inappropriate or insufficient treatment.
Surgery: Surgery can be used to either remove the cancer or all the great tissue. Negligence occurs when the cancer is not properly removed or if healthy breast tissue is unnecessarily removed. There may also be problems with reconstructive surgery, leading to uneven breasts or scarring.
Monitoring: Once the cancer is treated, patients will need to be monitored regularly to ensure that the cancer does not recur. If monitoring is not done appropriately or for long enough, there is a high chance cancer could return and be missed allowing it to spread .
Radiotherapy/Chemotherapy: radiotherapy, chemotherapy and hormone therapy are used to eradicate cancer, however they also attack healthy cells, because of this they must only be used when required and appropriately to ensure that the cancer is treated and that any damage to healthy tissue is limited.

What can be done?

If you feel like you have received negligent medical care you have the full right to contact a lawyer and move further from there. If you received any inappropriate or negligent care you are entitled to compensation. This money is to try to put you (the patient) back if the position you would have been infix the negligence never occurred. The level of compensation awarded will be based on the extent of injuries and financial losses caused directly by negligence.
Injuries include the need for further treatment, scarring and reduced life expectancy.
Financial losses include loss of earnings, need for future treatment and any equipment or adaptations that you may need.

* Contact Heckroodt & Associates to book a consultation now: 012 940 3555*

What happens if I die without a will?All the information needed regarding this topic can be found in theIntestate Succes...
28/09/2017

What happens if I die without a will?

All the information needed regarding this topic can be found in the
Intestate Succession Act 81 of 1987, but here is a basic outline. If you
are married out of community of property, your assets and liabilities
are on your own. However, if you are married in community of
property you have a joint estate with your surviving spouse and you
share all of your assets and liabilities: when you
die, your surviving spouse (by operation of the
law) receives an undivided half share of the joint
estate before your estate is divided amongst
your heirs, either in terms of your will or in terms
of the laws of intestate succession where you
have died without a will.
How it works if you die without a will:
Where the deceased was married, the surviving spouse is entitled to
R125,000.00 or a child& #39;s share, whichever is greater.
Here is an example of what would happen:
You have two children and an estate worth R 900,000.00, your estate will
devolve as follows:
1. Married out of community of property: your spouse will receive R
300,000.00 (child’s share because it is greater than R125,000.00)
and each child gets R 300 000, 00.
2. Married in community of property: your spouse will receive an
undivided half share of the estate by virtue of marriage, namely
R450,000.00. Then the remaining R450,000.00, spouse will receive
R150,000.00 and so will the children.
Although it is not mandatory for a person to have a will, it is however
advisable. If you die without a will, it means that the law will dictate how
your estate must devolve. You will also lose the chance to appoint an
executor, a trustee and a guardian for your children.

If you would like to find out more information or would like some help
drawing up your will, call Heckroodt & Associates and we will gladly assist.

Drinking and drivingDrinking and driving have become a huge issue in South Africa. You always see and hear of horrific c...
07/09/2017

Drinking and driving

Drinking and driving have become a huge issue in South Africa. You always see and hear of horrific car accidents all because of the fact that people decide to drive while being under the influence of alcohol.

The law on drinking and driving:

If we look at the Road Accident Act 93/96, it says that:

You can not drive a vehicle
OR
Occupy the driver's seat of a vehicle while the engine is running

while under the influence of alcohol or drugs that have a narcotic effect.

*The concentration of alcohol in blood taken from any part of the concerned person body needs to be less than 0.05 grams per 100 millilitres. *

When caught:

If you are suspected of drinking and driving;
You will be breathalyzed
If the breathalyzer result is positive and you are over the legal limit, you will be arrested and kept in the custody till you have to appear in court.

The supreme court of appeal found that is no longer necessary to do further blood tests and the results of the breathalyzer test can be used in court.

Drinking and driving should not be an option. There are many alternative options that can be arranged, such as Uber or getting a lift with someone who has not been drinking. You are not only putting yourself in danger but also endangering other people around you.

13/07/2017

Heckroodt & Associates is a leading and dynamic law firm situated in Waterkloof Pretoria.

Our firm is a commercial law firm specializing primarily in high court litigation but also assist various legal fields in general.

Address

72 Dely Road, Waterkloof
Pretoria
0145

Opening Hours

Monday 08:30 - 16:30
Tuesday 08:30 - 16:30
Wednesday 08:30 - 16:30
Thursday 08:30 - 16:30
Friday 08:30 - 16:30

Telephone

+27129403555

Website

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