Insolvency Matrimonial Divorce And Personal Injury Litigation Fundamentals Training

Objectives:
• Understand the legal framework governing insolvency, matrimonial law, divorce, and personal injury in South Africa.
• Identify key legislation: Insolvency Act 24 of 1936, Divorce Act 70 of 1979, and the Road Accident Fund Act.
• Explain the interplay between these areas in litigation.
• Recognise the role of the practitioner in managing cross-disciplinary cases.

Topics:
• Overview of South African legal system and court structures.
• Sources of law: common law, statute, and precedent.
• Introduction to the Insolvency Act and its objectives.
• Fundamentals of matrimonial property regimes.
• Grounds for divorce under the Divorce Act.
• Elements of a delictual claim for personal injury.
• Case law highlighting intersections.
• Ethical considerations in multi-jurisdictional practice.

Objectives:
• Distinguish between voluntary surrender and compulsory sequestration.
• Analyse requirements for a sequestration order.
• Understand the role of the trustee and creditors.
• Evaluate the effects of sequestration on the debtor's estate.

Topics:
• Voluntary surrender: application process and requirements.
• Compulsory sequestration: application by creditors.
• Acts of insolvency and proof of claim.
• Appointment and duties of the trustee.
• Meetings of creditors and proof of debt.
• Vesting of assets and property of the insolvent estate.
• Effect on contracts and legal proceedings.
• Rehabilitation: process and consequences.

Objectives:
• Identify assets that fall into the insolvent estate.
• Understand dispositions that may be set aside.
• Analyse the trustee's powers to recover property.
• Evaluate the impact on third parties.

Topics:
• Assets excluded from the insolvent estate.
• Secured vs. unsecured creditors.
• Voidable dispositions: preferences and undue preferences.
• Void dispositions and impeachable transactions.
• The trustee's right to recover property.
• Effect on matrimonial property.
• Claims for maintenance and support.
• Practical case studies.

Objectives:
• Distinguish between marriage in community of property and out of community.
• Understand accrual system.
• Evaluate the effect of insolvency on matrimonial property.
• Analyse the division of assets upon divorce.

Topics:
• Marriage in community of property: joint estate.
• Marriage out of community with accrual.
• Antenuptial contracts and their content.
• Effect of sequestration on the joint estate.
• Division of assets in divorce: forfeiture and redistribution.
• Pension interests and retirement funds.
• Maintenance claims and the insolvent spouse.
• Case law on matrimonial property disputes.

Objectives:
• Understand the grounds for divorce under the Divorce Act.
• Outline divorce procedure and pleadings.
• Analyse ancillary relief: maintenance, care, and contact.
• Evaluate the impact of insolvency on divorce proceedings.

Topics:
• Irretrievable breakdown of marriage.
• Mental illness and continuous unconsciousness.
• Divorce pleadings: summons, particulars of claim.
• Rule 43 applications for interim relief.
• Maintenance for spouse and children.
• Care and contact arrangements.
• Mediation and settlement agreements.
• Insolvency considerations in divorce.

Objectives:
• Understand the elements of a delict: act, wrongfulness, fault, causation, and harm.
• Analyse the Road Accident Fund (RAF) claim process.
• Identify types of damages recoverable.
• Evaluate the impact of insolvency on personal injury claims.

Topics:
• Elements of a delict: act, wrongfulness, fault.
• Causation: factual and legal.
• Types of damages: patrimonial and non-patrimonial.
• RAF claims: procedure and quantum.
• Claims against third parties.
• Impact of insolvency on the claim and award.
• Prescription and time limits.
• Case law on personal injury.

Objectives:
• Distinguish between High Court and Magistrate’s Court jurisdiction.
• Understand pleading requirements for insolvency, divorce, and personal injury.
• Analyse the rules of court applicable to each area.
• Evaluate pre-trial procedures and case management.

Topics:
• Jurisdictional limits and areas.
• High Court rules: applications and actions.
• Magistrate’s Court rules: claims and procedures.
• Pleadings: summons, declaration, plea.
• Discovery and inspection.
• Pre-trial conferences and minutes.
• Case management and judicial oversight.
• Practical drafting exercises.

Objectives:
• Understand the rules of evidence applicable to each area.
• Analyse burden and standard of proof.
• Evaluate expert evidence in personal injury cases.
• Apply evidentiary principles to insolvency and divorce.

Topics:
• Burden of proof: civil vs. criminal.
• Standard of proof: balance of probabilities.
• Documentary evidence in insolvency.
• Witness testimony in divorce.
• Expert evidence: medical, actuarial.
• Privilege and without prejudice communications.
• Proof of damages in personal injury.
• Evidentiary challenges in cross-disciplinary cases.

Objectives:
• Draft key documents in insolvency, divorce, and personal injury matters.
• Manage a case file from instruction to trial.
• Analyse settlement strategies.
• Evaluate costs and fee structures.

Topics:
• Drafting: sequestration application, divorce summons, RAF claim form.
• Case management: chronology and checklists.
• Settlement negotiations and offers.
• Consent papers and court orders.
• Tax invoices and fee agreements.
• Cost orders and taxation.
• Practical exercises in document drafting.
• Ethical considerations in billing.

Objectives:
• Analyse the effect of sequestration on matrimonial property and divorce.
• Evaluate the treatment of personal injury claims in insolvency.
• Understand the rights of the solvent spouse and dependants.
• Apply legal principles to complex scenarios.

Topics:
• Effect of sequestration on joint estate and household.
• Claims for maintenance from insolvent estate.
• Personal injury claims as assets in insolvency.
• Insolvency and divorce: concurrent proceedings.
• Protection of the solvent spouse's property.
• Claims by dependants in insolvency.
• Case studies on cross-disciplinary issues.
• Practical problem solving.

Objectives:
• Develop advocacy skills for insolvency, divorce, and personal injury trials.
• Understand examination-in-chief and cross-examination.
• Analyse opening and closing arguments.
• Evaluate the role of the judge and assess credibility.

Topics:
• Preparation for trial: witness lists and bundles.
• Examination-in-chief: leading questions and narrative.
• Cross-examination: techniques and traps.
• Re-examination and evidence handling.
• Opening statements: framing the case.
• Closing arguments: submissions and authorities.
• Judicial interventions and credibility findings.
• Mock trial exercises.

Objectives:
• Integrate knowledge from all three areas in complex litigation.
• Analyse multi-faceted case studies.
• Evaluate ethical dilemmas and professional responsibility.
• Consolidate learning outcomes for unit standard 116103.

Topics:
• Complex case study: insolvent spouse in divorce with personal injury claim.
• Multi-party litigation and joinder.
• Ethical issues: conflicts of interest, confidentiality.
• Review of key principles and procedures.
• Assessment preparation and practice questions.
• Feedback and Q&A session.
• Course evaluation and certification requirements.
• Final assessment.