Business Know How

Mediation for Australian Businesses: Resolving Disputes Early, Especially in Family Partnerships Melissa Bush explains mediation as a structured, facilitated process where an independent mediator helps parties communicate, explore underlying interests, and negotiate their own agreement, unlike arbitration or judge-imposed outcomes and deeper than lawyer-to-lawyer negotiation. She outlines how Aust...

1 July 2026 Law Changes: Tranche Two AML/CTF Rules Now Apply to Jewelers and Precious Metal Dealers On 1 July 2026, multiple national changes begin: the lowest marginal income tax rate drops from 16% to 15% for $18,201–$45,000 (employers must apply updated PAYG tables), individuals can claim a $1,000 work expense deduction without receipts, and super caps rise (concessional cap to $32,500 and tran...

EOFY Legal Checklist for Australian Businesses: 7 Actions to Take in the Final 6 Days In the final six days of the 25–26 financial year, Melissa Bush presents a practical end-of-financial-year legal checklist for Australian businesses to address overlooked compliance risks before 1 July. She outlines seven key actions: audit employment contracts, classifications, and pay arrangements ahead of wage...

1 July 2026 Employment Law Changes: Wage Rises, Payday Super, Parental Leave Expansion & Victoria NDA Restrictions Melissa Bush briefs Australian employers on key employment law changes taking effect from 1 July 2026 (plus immediate Victorian changes), warning of active enforcement by the Fair Work Ombudsman and ATO and providing a pre-30 June checklist. The Fair Work Commission’s 2026 Annual...

The Great Wealth Transfer: Family Business Succession Without Family Fallout Melissa Bush explains that Australia is entering its largest intergenerational wealth transfer, with $3.5 trillion (possibly closer to $5 trillion) expected to move from over‑sixties to younger generations in the next 20 years, and that succession is especially complex for family businesses. She notes family businesses co...

ABN Isn’t Enough: Navigating Licences, Permits and Council Approvals for Australian Small Businesses Melissa Bush explains that registering an ABN and business name is only the start and many Australian businesses need approvals across three tiers of government Commonwealth (e.g., tax, employment, ACL, ASIC licences), state/territory (e.g., trade and building licences, insurance, certification), a...

Unpaid Internships in Australia: When Work Experience Becomes Employment Melissa Bush explains that the Fair Work Act doesn’t define "intern", so unpaid arrangements may be treated as employment if they look and function like work, triggering minimum wage, award entitlements, superannuation, back pay and penalties. She outlines two lawful pathways: a vocational placement under s12 (unpaid, require...

Resale Price Maintenance in Australia: Why Minimum Pricing Demands Are Illegal (and What to Do) Melissa Bush explains resale price maintenance (RPM) under Australian competition law, noting suppliers cannot set or enforce a minimum resale or advertised price, threaten suspension of supply, or use conditional rebates or advertising restrictions, and that RPM is a per se prohibition under the Compet...

Shareholders’ Agreements: The Missing Document That Can Save Your Business Melissa Bush explains why every Australian company with more than one shareholder needs a tailored shareholders’ agreement, distinct from a public constitution or the Corporations Act replaceable rules, because it governs owners’ relationships, confidentiality, and key risk areas like share transfers, valuation, contributio...

When Marriage Breaks Down: Protecting Your Business, Company and Family Trust Melissa Bush explains how relationship breakdown can expose business interests, company shares, trust assets, goodwill, and even notional property to scrutiny under the Family Law Act 1975, and why last-minute restructures can be reversed. Using the 2024 Federal Circuit and Family Court case Emmerton & Manwaring (No...

How NCAT Works: A Practical Guide to Resolving NSW Small Business Disputes Host and lawyer Melissa Bush explains how the New South Wales Civil and Administrative Tribunal (NCAT) helps NSW business owners resolve disputes more quickly, affordably, and informally than court. The episode outlines NCAT’s divisions, focusing on the Consumer and Commercial Division for unpaid invoices, goods and service...

How to exit a franchise the smart way Melissa Bush discusses how Australian franchisees can exit a franchised business and why it requires careful legal and financial planning. She outlines key exit paths - selling (usually needing franchisor consent and buyer approval), not renewing at the end of term (with notice requirements, debranding and return of materials), negotiating early termination, o...

Fair Work Ombudsman Enforcement Patterns (Jan–Mar 2026):   What Australian Small Businesses Must Know Melissa Bush reviews Fair Work Ombudsman media releases from January to March 2026 to identify enforcement patterns relevant to business owners, emphasizing a 2026 shift from isolated underpayments to systemic failures, record-keeping, notice/order breaches, director involvement, and del...

Is a Simple Will Enough for Business Owners? Estate Planning, Structures, and Continuity Melissa Bush explains why a basic DIY will is often inadequate for business owners because a will only covers assets forming part of the estate and may be overridden by existing legal arrangements. She outlines how business interests differ by structure: sole traders’ business assets generally fall into the es...

Informal Business Partnerships: Ownership, Control and Legal Steps to Protect Yourself Melissa Bush uses an online post by a 23-year-old business owner as a case study about small-business disputes arising from informal arrangements. In the scenario, the business began under a personal ABN, a friend joined on a verbal 50/50 basis, the venture later became a Pty Ltd, and a mistake led to over $20,0...

Loan Documents, Forgery Claims and the Power of Independent Legal Advice: Lessons from a Supreme Court Case The episode examines a Supreme Court of Victoria decision involving a borrower who sought to avoid liability under a roughly $300,000 loan secured by a registered mortgage by alleging she did not sign the documents, that signatures were forged, documents were backdated, and the lender engage...

Selling a Business in Australia: Assets, Leases, Financial Disclosure, Employees and Contract Conditions Melissa Bush explains that selling a business is a complex legal transaction involving more than price, covering assets, goodwill, contracts, leases, employees, intellectual property and disclosure obligations. Using scenarios, she outlines what is actually sold (including stock and business na...

When Informal Deals Become Legal Partnerships Host Melissa Bush explains that under Australian law, a partnership can exist without a written agreement if people carry on a business in common with a view to profit, and courts determine this from conduct and evidence such as profit sharing, control, contributions, records, and representations to others. She outlines major consequences, including pa...

Unfair Dismissal in Australia: 10 Key Things Small Business Owners Need to Know Melissa Bush presents an episode of Business Knowhow explaining unfair dismissal under the Fair Work Act 2009 and what often surprises small business owners. She outlines the four elements of unfair dismissal (dismissal, harsh/unjust/unreasonable, compliance with the Small Business Fair Dismissal Code for small busines...

Business Structures in Australia: Sole Traders, Partnerships, Companies and Trusts (and Why the Trustee Matters) Melissa Bush explains that a business structure is not just a tax choice and affects asset ownership, liability, contracting, and what happens if someone resigns or dies. She outlines the differences between sole traders and partnerships (no separate legal entity and personal liability)...

Proactive Legal Health Check for Your Business In this episode of 'Business Know How Practical Legal Insights for Australian Businesses', host Melissa Bush emphasises the importance of proactive legal compliance for business owners. The episode features a recording of a webinar that focuses on why proactivity is essential, how to periodically review your business, and how to use the Business Knowh...

Welcome to Season 2!   In this episode of the Business Know How, host Melissa Bush kicks off the second season by reflecting on the past year and setting the stage for 2026. Offering practical legal insights for Australian businesses, Melissa emphasises the importance of being proactive in addressing legal matters to minimize risks. As we step into the new year, she discusses the common...

Mastering Holiday Sales: Stay Compliant and Boost Revenue In this episode of Business Know How, Melissa Bush provides a comprehensive guide for retailers on how to navigate the chaotic yet profitable holiday sales season while adhering to Australian consumer laws. She covers everything from the importance of honest and accurate advertising, pricing strategies, and practical planning steps to the r...

Understanding Modern Slavery Risks in Australian Small Businesses In this episode of Business Know How, host Melissa Bush delves into the often misunderstood topic of modern slavery in Australia, stressing its relevance even to small businesses. The discussion covers the definition and manifestations of modern slavery within local contexts, the evolution of Australian modern slavery laws, and prac...

Navigating Influencer Collaborations: Legal Insights for Australian Businesses In this episode of Business Know How, host Melissa Bush delves into the complex legal landscape of influencers requesting free products or services from small businesses in exchange for exposure. Using a fictional case study, Melissa explains how such arrangements are considered commercial advertising under Australian l...