Barbara Seimenis

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Barbara holds a BProc degree from the University of South Africa and is also admitted as a Conveyancer and Notary. Barbara is an experienced litigator, specialising in commercial litigation and all aspects of family law. Barbara has taken a Hague Convention case to the Supreme Court of Appeal and to the Constitutional Court.

Barbara has had the privilege of acting for may financial institutions on all aspects of Credit Agreements and the National Credit Act and has been responsible for initiating applications, for the interim attachment and return of all manner of goods financed by financial institutions, whether by way of instalment sale agreement or lease, including, inter alia, boats, airplanes, office furniture, motor vehicles, trucks and agricultural equipment.

Barbara also has knowledge of vindicatory actions, spoliations, liens, pledges, enrichment actions and the bringing of interdicts to protect client’s rights. Barbara assisted the instructing attorney on behalf of Nedcor Bank Limited in the matter between Nedcor Bank Limited and ABSA which resulted in a reported decision Nedcor Bank Limited v ABSA 1998 (2) SA830 WLD. This decision dealt with instalment sale agreements, pledges and floor plan agreements.

Barbara has been instructed by major financial institutions on foreclosure proceedings in respect of commercial properties and residential properties. She has extensive knowledge of the post litigation procedure resulting ultimately in the sale in execution. She has initiated applications to shorten the time periods within which to sell the property from date of attachment in order to protect the client’s security.

Barbara has been instructed by various corporate clients with their litigation. In addition to litigation skills this area of practice often requires flexibility and experience on the part of the attorney to be able to advise the client on the relative strengths of the case and to make recommendations when to pursue legal action or when to negotiate, bearing in mind at all times the quickest and most cost effective solution for the client. Through a thorough knowledge of all lending instruments as well as the knowledge of the instruments by which the loan is secured, whether this is a pledge, notarial bond, instalment sale agreement or mortgage bond, Barbara has the knowledge and commitment to ensure the maximum recovery for clients regardless of the manner in which the debt was incurred. By way of example she assisted in a reported decision Compcorp (Pty) Limited v Quipmore CC 1997 JOC(D) 636, a Durban and Coast Local Division decision dealing with cession and assignment.

Barbara has had have extensive experience in liquidation applications. In many instances these need to be brought on an urgent basis so as to best protect the creditors. Frequently these applications will be preceded by urgent application to perfect notarial bonds. Barbara has also been responsible for the reversal of liquidations where the liquidation was felt not to be in the best interest of the creditors. Barbara has undertaken numerous insolvency enquiries on behalf of financial institutions and have by this means been able to recover money and assets which would otherwise have been lost to the estate.

Barbara has undertaken eviction applications on behalf of private and corporate clients under The Prevention of Illegal Eviction Act and Extension of Security of Tenure Act 62 of 1997.

Barbara has a number of years of experience in commercial mediation and family mediation and is an accredited court annexed mediator. She participates in regular workshops on mediation. Barbara aims to resolve as many matters through mediation which facilitates and expedites the effective resolution of disputes between the parties in a cost effective manner.