Andrew 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
Does an Expired Lease Automatically Continue Month-to-Month? At What Rental? 3 February 2020 - Your residential fixed-term lease expires but for whatever reason you don’t sign a new one. Nor does the lease say anything about what will happen on expiry. Is there still any form of valid lease in place and if so what terms and conditions apply? What rent is payable? To avoid confusion over the answers […] Visiting South Africa with Kids Just Became Easier 9 December 2019 - With the Festive Season (and our Summer Holidays!) well and truly upon us, you may be inviting family or friends to visit you from overseas with their children, or perhaps you are a foreigner planning a family trip to South Africa. Either way here’s some good news in the form of a welcome concession from […] Property Sales and Trusts: Demand Proof of Trustee Authority 9 December 2019 - Selling property to a trust comes with a particular risk, and it’s one that – although easily avoidable – still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all! […] Property Developers Beware: Deemed Accruals Can Seriously Disrupt Your Cash Flow 11 January 2019 - A recent Supreme Court of Appeal (SCA) judgment of Milnerton Estates Limited v Commissioner for the South African Revenue Service (1159/2017)  ZASCA 155 has confirmed that when a property developer enters into an agreement with a buyer to transfer the property, even if the developer only actually gets paid in a subsequent tax year, […] What Happens If You Cancel Your Lease Early? 30 May 2018 - Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question “What happens if the lease is cancelled early?” Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege. But how much that payment will be, and how much notice the tenant must give, depend on several factors…
Facebook Defamation – The Truth is not Enough! 7 May 2018 - Pretend for a moment that you are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after […] 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 of court”. The idea of course is that the threat of a stint behind bars […] 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 v City of Tshwane Metropolitan Municipality and Others; City of Tshwane Metropolitan Municipality v New […] 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 or suspend the exercise of the landowner’s full property rights until a determination has been […] 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 are a trustee of your body corporate, you need to know about the new SCA […] 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 barking is destroying your quality of life, read on. A recent High Court case in […] 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 new section 7C into the Income Tax Act, 1962 which applies directly to trusts which […] 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 forgot all about VAT. It’s an easy mistake to make, and a recent High Court […] 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 order that declared certain specified words in section 65J(2) of the Magistrates’ Courts Act (Act) […] 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. But then you fall out with the developer over the costs, finishes and other specs […]