Business Know How

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...

Protecting Your Business: Managing Confidential Information and Trade Secrets Post-Employment In this comprehensive episode of Business Know How, hosted by Melissa Bush, discover how to safeguard your business against the risk posed by departing employees. The episode covers the legal duties that extend beyond employment, essential contractual tools like confidentiality clauses, non-solicitation,...

The Crucial Role of Accurate Company Records: Lessons from WCXM v. Vanguard In this episode of Business Know How, host Melissa Bush explores the importance of keeping company records up to date with the Australian Securities and Investments Commission (ASIC). Using the WCXM v. Vanguard court case as a primary example, Melissa emphasizes the significant consequences of administrative neglect and sh...

Understanding Copyright Ownership in Australian Businesses: This episode of Business Know How with Melissa Bush provides practical legal insights into copyright ownership within Australian businesses. It covers how copyright arises automatically under the Copyright Act of 1968 and the nuances of ownership between employers and employees or contractors. The episode delves into notable court cases t...

Navigating Commercial Property Purchases for Australian Businesses In this episode of Business Know How, host Melissa Bush offers practical legal guidance on buying commercial property in Australia. Covering topics such as different property types, due diligence steps, essential legal frameworks, and future planning, Melissa aims to equip business owners with the knowledge to make informed and str...

Future-Proofing Your Cafe: Legal Insights for Australian Business Owners In this episode of 'Business Know How - Practical Legal Insights for Australian Businesses,' host Melissa Bush delves into the critical foundations every cafe owner needs to establish to ensure a legally sound and successful business. Starting with the selection of the right business structure, registration requirements, and...

Managing Supplier Failures and Debt Recovery - Simple Steps for Small Businesses This episode is part of a four-part webinar series for New South Wales Small Business Month, focusing on strategies to handle supplier shortcomings and stress-free debt recovery. Additionally, there are updates on the Cafe Kickstart course with enrollments opening soon, closing on Halloween. 00:00 Introduction to Supp...

Staffing Your Cafe: Legal Insights for Australian Business Owners In this episode of Business Know How, Practical Legal Insights for Australian Businesses, host Melissa Bush, a lawyer with over 30 years of experience, explores the intricate details of staffing a cafe. As part of the New South Wales Government's small business month, this episode features audio from a webinar focused on engaging wo...

In this episode, we delve into the intricate nuances of leasing for cafe owners, emphasizing the critical importance of understanding and negotiating lease terms. Building on insights from the recent webinar 'The Cafe Lease: Your Biggest Business Risk,' we explore key protections under the Retail Leases Act 1994 (NSW) and highlight the potential pitfalls and risky clauses often found in cafe lease...

In this episode of Business Knowhow, host Melissa Bush provides practical legal guidance tailored for cafe owners, aligning with the New South Wales Small Business Month. She introduces her series of four webinars covering critical topics such as leasing, staffing, supplier contracts, and future-proofing your cafe. Melissa emphasizes the importance of understanding leases, managing staff legally,...

Unlocking the Benefits of New South Wales Small Business Month Join Melissa Bush in this week's episode of Business Know How, Practical Legal Insights for Australian Businesses. This episode is dedicated to New South Wales Small Business Month, an annual October event that offers free business education, networking opportunities, and practical advice for small business owners. Melissa shares steps...

Understanding Retail Leases: Essential Legal Insights for Australian Business Owners In this episode of Business Know How, host Melissa Bush provides valuable insights into the complexities of retail leasing in Australia. Listeners will learn the key differences between retail and general commercial leases, the protections offered under the Retail Leases Act in New South Wales, and crucial compone...

In this episode, we delve into the world of franchising in Australia. We explore what franchising is, why it's attractive to business owners, and the different types of franchises available in Australia. The episode also covers the legal aspects, such as the Franchising Code of Conduct, and offers practical advice on buying a new or existing franchise. We'll discuss everything from initial franchi...

Navigating the Small Business Simplified Debt Restructuring Scheme: In this episode of Business Know How, Practical Legal Insights for Australian Businesses, host Melissa Bush delves into the Small Business Simplified Debt Restructuring Scheme (SBR). Introduced in 2021 as a response to COVID-19 era insolvencies, the SBR provides a new approach to business survival for those experiencing financial...

Navigating Corporate Disputes: Lessons from the Yin vs. Maalouf Case In this episode of Business Know How, Practical Legal Insights for Australian Businesses, host Melissa Bush delves into a recent Supreme Court case involving a corporate dispute between Mrs. Yin and Mr. Roy Maalouf. The episode covers the case's background, the legal questions raised, and the court's decisions. Key takeaways...

Unlocking the Power of Mediation for Small Business Disputes In this episode of Business Know How, host Melissa Bush, delves into the intricacies of mediation—a crucial alternative dispute resolution method for small business owners. She explains the mediation process, its benefits over litigation, and the specifics under the new Australian Mediation and Dispute Resolution accreditation standards....

Understanding Insolvency: Key Insights for Australian Business Owners In this episode of Business Know How, Melissa Bush, a seasoned lawyer with over 30 years of experience, breaks down the complex topic of insolvency and its critical relevance to business owners in Australia. The episode covers what insolvency is, how to recognise warning signs, and the legal ramifications of insolvency as define...