Claudia Susan Garella Lawyer

South Africa



Period of employment:    July 2010 to 22 March 2017


Position held:                  Own business


Duties:         My business specializes in:


1.     Commercial Drafting

2.     Family/Matrimonial Law

3.     Insolvency Law

4.     Civil Litigation

5.     Construction Law

6.     Debt Recovery

7.     Financial and Estate Planning

8.     Corporate Law



I have run my own practice for seven years.

I have advanced experience in Practice Management

I have done general civil litigation and specialized in Family Law

I have comprehensive experience in both Magistrate and High Court Litigation; in this regard I have the following knowledge and experience;


·                 High Court Practice: Knowledge of the functioning of the courts with specific reference to the various officials and the courts in which civil litigation can be conducted. A good understanding of the rules of court in practical application. Able to appraise at an early stage the factual and legal implications of the client’s case and be able to advise the client on: Prospects of success, cost implications, what the litigation process will entail, especially regarding procedure and timing. Knowledge of the facts of your client’s case and the applicable law, correctly conceptualising and formulating client’s claim or defence, using the correct procedures. Conducting applications and trials, preparing court files, assisting counsel generally, compiling briefs and instructions in respect of various matters. Appearing and arguing in Court as Counsel;


·                 Magistrate’s Court Practice: Practical understanding of civil procedure in the magistrate’s courts from the stage of taking instructions through to appeal and review, so as to be able to litigate effectively and successfully, and to be able to facilitate this process in such an manner that it is at all times above reproach and reflecting high ethical standards.


·                 Matrimonial Law: Knowledge of the functioning of the courts with specific reference to marriage, divorce,  the Hague Convention, maintenance , adoptions, abductions, child trafficking and domestic violence


o   Marriage Law: Advice on marriage regimes and drafting of marriage contracts, a claim for breach of promise to marry, Section 21 of Act 88 of 1984 applications where a husband and wife may, irrespective of when and how they were married, jointly apply to the Court for leave to change their matrimonial property system.


o   Divorce Law: Advice on Divorce law, conducting of divorce trials and unopposed divorce applications. Establishing as soon as possible whether there is a basis for settlement, in which case constructive negotiations are arranged. Mandament van spolie applications for the return of furniture and movables, which were removed without permission from the possession of the Applicant.


o   Claim for damages: adultery and alienation of affection.


o   Interdicts, including orders in terms of the Domestic Violence Act, 116 of 1998.


o   Maintenance law: advice of maintenance law; applications between parties, for children, termination of the responsibility to maintain, non-compliance with a court orders.


o   Drafting Parenting Plans and Settlement Agreements;


o   Rights of Fathers of children born out of wedlock;


o   Extensive knowledge of the Children’s Act of 2005;


o   Extensive knowledge and experience of the Pension Fund Act particularly with regard to claims in respect of divorce procedures;
·                 General office practice, including consultations with clients, general correspondence with clients and other attorneys, office administration, bookkeeping and recovery of debt, drafting of bills of costs and attending taxation.




Period of employment:    November 2009 to June 2010


Position held:                  PROFESSIONAL ASSISTANT



1.                   maximizing recoveries for various banks and credit granting institutions for which Lynn & Main Incorporated collect debt on a contingency basis;


2.                   Maximizing recoveries for the local leader in commercial debt acquisitions, Shackleton Credit Management, a member of The Shackleton Group;


3.                   High Court Litigation, including preparing applications in the High Court, Preparing Court files, assisting counsel generally, compiling briefs and instructions to counsel in respect of various matters and obtaining a good working knowledge of the rules of Court;


4.                  Magistrates Court Litigation,


5.              Insolvency matters, including litigation and  sequestration proceedings;


6.              Master’s office work which includes the drafting of wills and liquidation and distribution accounts


7.              Company Law and commercial work, including, company searches, drafting shareholders’ agreement, partnership agreements, director’s resolutions, settlement agreements, drafting various types of agreements and opinions;




Period of employment:    October 2009 to November 2009


Position held:                  Candidate Attorney


Duties:                             As a candidate attorney I did my articles in the litigation department. I acquired experience in the practice of an attorney by independently handling matters and by working under the supervision of Jeremy Brink, or one of the senior attorneys of Lynn & Main Inc, in the following arrears of practice:


High Court Litigation;
Magistrate’s Court Litigation;
Insolvency matters;
Debt Collection;
Commercial Drafting;
Corporate Law;

Period of employment:    April 2008 to October 2009


Position held:                  Paralegal in the internal recovery team


Duties:                             I was tasked with assessing matters received from the banks. This entailed investigating the facts, researching the applicable legal principles and considering what the best possible strategies were to recover the debt. Strong written, and decision making skills were acquired in this position.


2017 Certificate in Children's Human Rights - An Interdisciplinary Introduction at University of Geneva
2012 The Mediation Company Effective Dispute Resolution certificate in Family and Divorce Mediation at The Mediation Company
17 April 2009 Bachelor of Laws Degree at University of KwaZulu-Natal, Pietermaritzburg