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 distress. The episode covers what the SBR is, eligibility criteria, timelines, the role of the restructuring practitioner, and practical guidance on how this scheme helps businesses restructure their debts while maintaining operational control. It also debunks common misconceptions and provides essential tips for business owners, bookkeepers, legal advisors, and accountants.

00:00 Introduction to Business Know How

00:58 Overview of the Small Business Restructuring Scheme

04:28 Eligibility Criteria for SBR

05:52 Steps in the Restructuring Process

06:53 Role of the Restructuring Practitioner

07:31 Effectiveness and Recent Trends

09:49 Common Myths and Misconceptions 10:36 Final Thoughts and Resources

https://asic.gov.au/regulatory-resources/insolvency

https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-directors/small-business-restructuring-and-the-restructuring-plan/

Here’s your go-to list of resources:

✅ ASIC Restructuring Guide
https://asic.gov.au

✅ ATO Guidance & Debt Help
https://ato.gov.au/sbr

✅ Insolvency Practitioners Register
https://registers.afsa.gov.au

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 for business owners include the importance of substance over form in legal agreements, the limitations of ASIC filings, the need for actual loss in misleading conduct claims, and procedural requirements for correcting corporate registers. The discussion emphasizes the critical need for proper legal guidance in managing business ownership and directorship changes.

00:00 Introduction to Business Know How

00:58 Case Overview: Yin vs. Maloof

02:30 Legal Questions and Court Decisions

09:21 Implications for Business Owners

11:18 Conclusion and Takeaways

https://www.businessknowhow.com.au/blog/sham_0525

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. Melissa also covers the legal areas where mediation is mandatory, offers practical guidance on choosing a mediator, and emphasizes the importance of acting early to prevent disputes from escalating. Whether you're dealing with lease disputes, franchise conflicts, or contract breaches, this episode provides essential insights to navigate and resolve business conflicts effectively.

00:00 Introduction to Business Know How

00:58 The Importance of Mediation for Small Businesses

01:51 Understanding Mediation: Process and Benefits

02:44 The Mediation Process Explained

07:41 Legal Requirements for Mediation

10:24 Comparing Mediation and Litigation

11:41 Key Takeaways and Final Thoughts

14:04 Conclusion and Personal Note

https://www.smallbusiness.nsw.gov.au/about-us/our-work/mediation

https://qsbc.qld.gov.au/factsheets/mediation/ 

https://www.vsbc.vic.gov.au/dispute-resolution/how-mediation-works/ 

https://www.asbfeo.gov.au/disputes-assistance 

https://localcourt.nsw.gov.au/help-and-support/alternative-dispute-resolution/types-of-alternative-dispute-resolution/mediation.html 

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 defined by the Corporation's Act of 2001. Melissa shares practical advice on how to navigate potential insolvency, including identifying red flags like chronic cash flow shortfalls, borrowing to cover operational costs, and ignoring tax obligations. She emphasises the importance of acting early and consulting with professionals to potentially recover or find the best path forward, such as restructuring debt or considering voluntary administration. Listeners will learn proactive strategies to prevent insolvency, including maintaining up-to-date financial records, monitoring cash flow, negotiating payment terms, building financial reserves, and more. The episode aims to equip business owners, directors, accountants, and advisors with the knowledge needed to sustain business longevity and avoid the pitfalls of insolvency.

00:00 Introduction to Business Know How

00:58 Understanding Insolvency

03:17 Types of Insolvency Tests

04:21 Recognizing the Warning Signs

05:57 Steps to Take if Insolvency Looms

07:47 Proactive Strategies to Prevent Insolvency

09:45 Conclusion and Final Thoughts

https://www.asic.gov.au/regulatory-resources/insolvency/

https://download.asic.gov.au/media/f4moc3we/rg217-published-6-december-2024.pdf

Understanding Small Business Definitions in Australia: Legal and Practical Insights In this episode of Business Know How, host Melissa Bush provides a comprehensive guide to understanding the varied definitions of small business in Australian law. From the Fair Work Act Australian Taxation Office, Australian Securities and Investments Commission, and the Australian Competition and Consumer Commission, Melissa breaks down how each agency defines small business and the implications for legal obligations, financial responsibilities, and access to support programs. She also introduces the New South Wales Small Business Month, highlighting its events and resources aimed at empowering small business owners. By the end of the episode, listeners will have a clearer understanding of which definitions apply to their business and why it matters.

00:00 Introduction to Business Know How

00:58 Understanding Small Business Definitions

03:07 New South Wales Small Business Month

06:38 Fair Work Act: Small Business Employer

08:50 Tax and Financial Definitions

12:07 Why Definitions Matter

14:35 Conclusion and Final Thoughts

https://www.smallbusiness.nsw.gov.au/small-business-month

Fair Work Australia - What is a ‘small business’? | Fair Work Commission

Australian Small Business & Family Enterprise Ombudsman - Welcome | ASBFEO

Australian Taxation Office - Small business entities | Australian Taxation Office

Avoiding Misleading and Deceptive Conduct in Australian Business Practices In this episode of Business Know How, Practical Legal Insights for Australian Businesses, host Melissa Bush, a seasoned lawyer with over 30 years of experience, delves into Australian consumer law, focusing on how businesses can avoid misleading and deceptive conduct. Melissa explains the importance of honest advertising and marketing, outlines consumer guarantees under the Australian Consumer Law (ACL), and discusses a notable court case (QVB Pharmacy and Lee) that highlights the consequences of providing inaccurate financial information when selling a business. The episode serves as a comprehensive guide for both business buyers and sellers to ensure transparency and accuracy in business transactions, ultimately helping them avoid significant legal penalties.

00:00 Introduction to Business Know How

00:58 Understanding Australian Consumer Law

02:26 Ensuring Compliance in Advertising and Marketing

03:17 Misleading Conduct in Business Sales: The QVB Pharmacy Case

07:09 Court's Analysis and Ruling

09:53 Lessons for Business Buyers and Sellers

11:41 Conclusion and Final Thoughts

Valuing Partnership Exits: Lessons from Major Court Cases In this episode of Business Know How, host Melissa Bush delves into the legal intricacies of valuing a partner's interest upon their exit from a business. The discussion is anchored around the Trident OST Wide Proprietary Limited v. Bag Corp Proprietary Limited case, exploring how partnership agreements and independent valuations play critical roles in resolving disputes. The episode also highlights a 2017 New South Wales Supreme Court case about a real estate partnership without a written agreement, emphasizing the importance of clear documentation and fairness in valuations. Key takeaways for business owners include having well-defined partnership agreements, ensuring fairness in valuations, and accounting for goodwill.

00:00 Introduction to Business Know How

00:58 Today's Focus: Valuing a Partner's Exit

01:09 Case Study: Trident OST Wide vs. Bag Corp

01:50 Importance of Partnership Agreements

02:28 Valuation Disputes in Partnerships

05:56 Court's Analysis and Ruling

09:08 Real-World Example: Dissolution Without Agreement

12:43 Key Takeaways for Business Owners

14:28 Conclusion and Final Thoughts

In this episode of Business Know How, host Melissa Bush provides practical legal guidance on handling unfair dismissal for Australian small businesses. Melissa explains the concept of unfair dismissal under the Fair Work Act of 2009, detailing who is protected and the conditions under which an unfair dismissal claim can be made. The episode includes a real-life case study involving a barista and a cafe owner to highlight key points and mistakes to avoid. Melissa also offers actionable steps for business owners to respond to unfair dismissal claims and improve their dismissal processes to comply with legal standards. Key takeaways include understanding casual worker protections, the importance of documenting employment processes, and the need for clear communication when buying a business.

00:00 Welcome to Business Know How

00:54 Understanding Unfair Dismissal

01:56 Eligibility for Unfair Dismissal Claims

03:30 Buying a Business: Employee Considerations

05:07 Case Study: The Barista's Unfair Dismissal

08:14 Responding to an Unfair Dismissal Claim

10:07 Actionable Lessons for Business Owners

11:26 Conclusion and Final Thoughts

Fair Work Unfair Dismissal

Small Business Fair Dismissal Code and Checklist

When businesses change owners

Navigating Retail Lease Assignments: Key Legal Insights for Australian Businesses In this episode of Business Know How, host Melissa Bush delves into the complexities of transferring retail leases in Australia. The discussion is centered around the legal requirements and potential pitfalls involved in lease assignments, using the case of Harborside Catering Proprietary Limited against TMG Developments Proprietary Limited as a key example. Melissa explains the importance of landlord consent, the criteria landlords use to evaluate new tenants, and the legal protections for both parties. Essential for business owners and landlords, the episode offers actionable advice on preparing lease assignment packages and navigating legal obligations, highlighting the critical balance between tenant capability and landlord rights.

00:00 Introduction to Business Know How

00:58 Understanding Lease Assignment

01:39 Case Study: Harborside Catering vs. TMG Developments

06:55 Court's Perspective on Lease Assignment

10:38 Lessons for Tenants and Landlords

14:29 Conclusion and Final Thoughts

https://www.smallbusiness.nsw.gov.au/about-retail-leases/retail-lease-basics

https://www.smallbusiness.nsw.gov.au/help/common-questions/transferring-your-lease

Mastering Legal Essentials: Insights from Southern Sydney Entrepreneurs In this episode of Business Know How, host Melissa Bush shares crucial legal insights inspired by a conversation with Paul Rigg, a Southern Sydney business owner. Paul and his wife, Mel, run the Starting Block Swim School and Scarborough Fair Escape Rooms. Topics covered include zoning laws, insurance, tax implications, commercial leases, council compliance, business naming, risk management, and succession planning. Melissa breaks down key legal principles relevant to home-based and commercial businesses, providing actionable guidance to help listeners manage legal complexities effectively. 00:00 Introduction to Business Know How

00:58 Paul and Mel's Business Journey

01:48 Legal Considerations for Home-Based Businesses

04:10 Navigating Commercial Leases

07:24 Council Compliance and Development Applications

09:43 Creative and Legal Aspects of Business Naming

11:24 Risk Management Strategies

12:54 Planning for Business Succession

14:10 Paul's Advice and Final Thoughts

15:02 Conclusion and Call to Action