LAW N.O v Others 2012 @thinusk-blog - Tumblr Blog

Moving out!!!!

Megan found a very nice place to stay at (for which I am very grateful) in Fichardt Park, Bloemfontein. The place is quite cosy and feels very "homey" I am giving my current landlord notice tomorrow and just have to clean up my current place and then I can move I am so excited!!!!!!!

OH SHIT!!!!!!!!

I found out this afternoon (after I woke up from last night's slumber) that I am writing two semester tests on Wednesday and I haven't even started studying for any of them.

I was under the impression that I am only writing them on the 5th of May. I forgot however to check when the new test dates came out if these tests have been moved due to the impending elections dates.

I am royally screwed!!!!!!! For the one test i have to achieve higher that 70% in order to have a fighting chance in the examinations. Oh my great balls I am stressed.

Please note that I am only blogging now because i have a 10min break for the few hours of studying i have done already.

Hi There...

I haven't blogged in more than an entire year.

Reason being that I have been so busy in my life that i hardly have time for myself and just sitting and thinking like I used to.

A lot has changed since i last blogged. First and foremost I am in a committed relationship with whom I believe to be the woman of my dreams. This woman goes by the name of Megan Stephenson and she is from the Freestate. Secondly, I started studying full time again, but this time at the university of the Freestate. This is where Megan and I met. I am in my penultimate year of my studies and can not wait to finish with it.

I plan to go to the Johannesburg Bar society when I obtain my degree. This view has significantly changed since my last blog as then I was busy with my qualification in insolvency litigation (which I did get). I also enrolled for the SARIPA diploma (which I also obtained).

Another thing ( of many) that changed is that I started becoming more involve in the cultured things in life (books, wine, etiquette). I have started (well I am trying) reading novels (mostly John Grisham and Dan Brown).

I have also taken a keen interest in the theory of the law. I have become a bit more dedicated in my studies. This is all thanks to Megan as she is head of the Golden Key Society of the University of the Freestate. She pointed out the importance of studying very diligently.

I have also made a few new friends (in the students house I am staying in). They really support me in the things I do and even though they sometimes hit me (playfully i must add) we all have a blast when we are together.

I can't even begin to tell you how good this is to get all of these things of off my chest.

"Those who dance are seen as insane by those who can't hear the music"

Interesting past few weeks

I have had the most interesting past few weeks. I have had mixed emotions on which field of the law to go into. Civil on the one hand has a lot of money to offer and you do not get your hands dirty with the law officials. Whereas criminal work is so exciting and challenges (the theorie is considered the most interesting), but the down side is that it is not financialy rewarding. oooohhh that sucks......

I then went and registered for the insolvency litigation diploma to become a liquidator, to my suprise that I actualy like the insolvency litigation, and it is very rewarding financialy. Which is actualy what life is all about, making as much as you can in as little as possible.

As you can see, I have had a complete mind change from my previous posts, in that I am all about the civil litigation now.

Meanwhile back at Unisa, I received all of my study material and I am becoming such a big nerd in that I am studying at least 2 hours everynight and exams are two months from now.

Big changes hey??????????

Like Derek Watts would say "Cheers for now!!!!!!!!"

Life as a liquidator...

The past few weeks i have found criminal law very interesting in theory due to my studies a UNISA, but I have found it to be very frustrating in practice. this is due to the corrupt police officials in this country that think we as ordinary citixzens have got no voice to speak out about their shady and underhand deals.

I have decided though to follow the footseps of my father, and also specialize in insolvency litigation, and take appointment as liquidator as well. This has shown to be a very fruitful decision made by my father, in that he is making a huge success and earning mega bucks in the practice of insolvency law.

On a lighter note, it was snowing in the most of Johannesburg today, and this was the first time i have expereienced snow before, it was very interesting to see the small flakes falling down.

I have bought a Samsung netbook from Game stores, and from now on I will mostly be posting new blogs and pictures at night.

New love in winery

I had dinner with the family tonight at Westwood Arms in Johannesburg. For the first time I had a red wine. Cabernet sivournogn is a nice addition to the carvery. I love that taste. My grandpa and I ordered a bottle and enjoyed it thoroughly.

Getting old stop

I am officially an old man, well that according to my youngest brother. This morning we got in the car on the way to his school, and I switched to Jacaranda fm. to my amazement within seconds my brother switched it to 5fm.

I am getting old stop.

Civil Procedure regarding warrant of execution

The civil procedure is a very interesting field in the law.

A few months ago, i was faced with a scenario in which i did not exactly know what the correct civil litigation procedure would be.

The scenario is that when two parties enter into a settlement agreement and that agreement is made an order of court, a warrant of execution against property can't be issued against a defaulting party in respect of that settlement agreement.

This was confirmed by a professor at Unisa this morning and in the case ofBrandtner v Brantner(Divorce case).

Finally, some clarity on that one. Now for the next one

The start of a new week

Today is Monday 23 July 2012, the start of a brand new week and a week filled with excitement at our firm. On Wednesday we are in the Roodepoort magistrate court, for an insolvency meeting. The presiding officer, of that meeting, and I are very good friends, so I anticipate some fun in that meeting.

In other related news, Thursday is pay day and this weekend is my younger brothers 17th birthday.

I have also decided that I am going to stop living up to other people's expectation and just live ,my own life. so if you are reading this blog and you think "O my word, what a freak", Thanks for your opinion, and please note it means nothing to me!!!!!!!!

Civil procedure at Unisa

I'm registered as Unisa for CIP2601, which is civil procedure. this module should be very easy for me this semester due to the fact that I am in a firm that deals primarily with civil litigation. Some questions the ask me are about jurisdiction and the summons procedure when dealing with liquidated claims..... Pffffff please give me something challenging!!!! I even sent the one professor an email to ask him about the procedure regarding the making of a settlement agreement an order of court, and issuing a warrant of execution when the one fails fails the obligation, still waiting for the reply! This week is going to be a good week, as I'm involved in a few insolvency enquiries with my dad and my principal. See you tumblers later!!!!

The law is a jealous and a cruel mistress

Adv R J de Beer

Awaiting judgment in SGHC

Tomorrow is the big day for the bail appeal mentioned in my previous post.

I spoke to the judge regarding this matter as she informed me that she is ready for her judgment to be handed down. I am honestly hoping we get the necessary result.

In other news, as you can see i have started a blog called Law N.O. v Others 2012....

The topics in this blog will primarily be the law and aspects of it that affect the profession. So if you are interested, the necessary follow will do.....

#SGHC

Bail application at South Gauteng High Court

Our firm represents a individual charge with fraud. We did a formal bail application which was dismissed by the learned magistrate. We then appealed against that judgment to the South Gauteng High Court on 18 July 2012. There were interesting facts that were considered by the learned judge, who was divided of her decision and decided to reserve judgment until Friday 20 July 2012. I am very anxious to hear what the judgment will be, and doubt very seriously if we will get bail....

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