Andrew GoldschmidtAndrew Goldschmidt, a Partner at Ashersons, joined the firm in 2007.

He has experience in contentious as well as non-contentious corporate and commercial matters ranging from the drafting of commercial contracts to commercial litigation, with particular regard to corporate and contractual disputes. Andrew has experience in all aspects of insolvency related matters including Liquidation and Sequestration applications.

He is also experienced in third party claims against the Road Accident Fund and he has been involved in advising clients on matters pertaining to the new National Credit Act and the Consumer Protection Act.

 

 

 

 

 

 

 

Recent Articles by Andrew Goldschmidt

Child Maintenance in Arrears? The Contempt of Court Enforcement Option 13 November 2017 - Our law, in protecting the interests of children in particular, provides you with an array of options when it comes to enforcing payment of maintenance orders.  One of them is to ask the court to jail the defaulter for “contempt…
How the “Historical Rates” Judgment Affects You 29 September 2017 - “It is declared that, upon transfer of a property, a new owner is not liable for debts arising before transfer from the charge upon the property …” (Constitutional Court Order) How does the recent Constitutional Court decision [Jordaan and Others…
Evicting Your Troublesome Tenant: More Problems with PIE 6 July 2017 - “The effect of PIE is not and should not be to effectively expropriate the rights of the landowner in favour of unlawful occupiers.  The landowner retains the protection against arbitrary deprivation of property.  Properly applied, PIE should serve merely to delay…
Collecting Arrear Levies: A New Risk for Your Body Corporate 1 May 2017 - Levy collections are the life blood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade to junk status. So if you own property in a scheme, and particularly if you…
Barking Dogs Driving You Batty? Noisy Neighbours and the Interdict Option 2 February 2017 - “Nuisance usually involves repeated infringement of the Plaintiff’s property rights. An objective weighing up of the interests of the various parties, taking into account all the relevant circumstances is required in these matters” (from judgment below) If the dog-next-door’s incessant…
Tax changes affecting Trusts: Interest-free or low-interest loans to trusts 13 October 2016 - The South African National Treasury (“Treasury”) is moving forwards with their promises to tighten up the income tax laws which are applicable to trusts. In July 2016, Treasury released the Draft Taxation Laws Amendment Bill (“Draft TLAB”) which introduced a…
Selling Property? Check for VAT Before You Sign 1 October 2016 - You sell your property for a good price and, with the deal in the bag, you start daydreaming about how to spend the proceeds.  Then – disaster of disasters – you realise that in the excitement of the sale you…
Garnishee Orders: A 7-Point Practical Guide to New Rules for Lenders, Debtors and Employers 1 October 2016 - On 13 September 2016, the Constitutional Court handed down judgment in a matter concerning an application for confirmation of an order of invalidity made by the Western Cape Division of the High Court and an appeal against certain parts of that…
Plot and Plan: The strange case of the unsigned sale agreement 4 August 2016 - You buy a plot in a residential development and the developer agrees to build you a house to stated specifications and plans.  You pay in full for the plot and it is transferred into your name.  All good so far.…
Copyright in cyberspace: New guidelines for online publishers 6 June 2016 - The high profile Moneyweb (Pty) Limited v Media 24 Limited High Court judgment is significant for all online publishers.  In a nutshell, Fin 24 was ordered to pay damages to Moneyweb for copyright infringement in respect of one article, but…
Certificates of Compliance 12 April 2016 - If you are selling your house, flat or building then you are going to most certainly need a number of certificates of compliance (“compliance certificates“) before transfer can be registered. You’ll be well-advised to get them sooner rather than later…
Beware, Nothing lasts forever (Not even powers of attorney from your aging parents) 30 March 2016 - If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer.  Just…
The sale of immovable property, and whether VAT is levied or Transfer Duty 3 March 2016 - Value Added Tax (“VAT”) is a tax that is levied in terms of the Value-Added Tax Act, 1991 (Act No. 89 of 1991) (“the VAT Act”) on the value that is added by each vendor in the production chain of goods…
Starting a business? The “flying solo” option 29 February 2016 - Episode 2:- You will recall from our last article [link] that it is incredibly important to pick the correct trading vehicle upfront, and before you start your business operations. Let’s start off our analysis of the various choices open to…
Dual Citizens – Don’t risk losing your South African citizenship! 27 January 2016 - You are a South African citizen.  You decide to acquire dual citizenship.  Your reasons for doing so are irrelevant – perhaps you are living/working overseas, perhaps you want a second passport just to make travelling easier, perhaps you have financial…