Business Know How

Business Know How

Download on the App Store

Business Know How episodes

  • 67 - How AML/CTF may now affect your small business

    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 transfer balance cap to $2.1m) while the SG rate stays at 12%; wage, payday super and parental leave changes were covered in episode 65. The episode focuses on AML/CTF Tranche Two, extending AUSTRAC regulation to many sectors, including dealers in precious metals, stones and products, where $10,000+ cash or digital currency transactions (including structured linked payments) trigger obligations such as AUSTRAC enrollment by 29 July, a compliance officer, risk assessment, written AML/CTF program, customer ID checks, threshold and suspicious matter reporting, staff training, and 7-year recordkeeping, with severe penalties for non-compliance.

    00:00 New Financial Year Changes

    03:06 Tax And Super Updates

    04:47 Tranche Two Explained

    06:24 Who Gets Captured

    07:49 Ten Thousand Dollar Rule

    10:04 Bullion Dealer Notes

    10:48 Core Compliance Duties

    14:14 Real World Example

    15:10 Customer Experience Tips

    16:13 Penalties And Enforcement

    17:18 Seven Step Action Plan

    19:40 Wrap Up And Resources

    Employment law changes (wages, Payday Super, PPL):  Episode 65 — businessknowhow.com.au

    AUSTRAC enrolment portal (AUSTRAC Connect):  austrac.gov.au

    AUSTRAC guidance for dealers in precious metals, stones and products:  austrac.gov.au

    AUSTRAC bullion dealers overview and quick guide:  austrac.gov.au

    ATO updated PAYG withholding tables:  ato.gov.au

    ATO income tax rate changes:  ato.gov.au/about-ato/new-legislation/in-detail/individuals/personal-income-tax-new-tax-cuts

    22 min
  • 66 - EOFY Legal Checklist

    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 increases; reconcile any outstanding super contributions before payday super and increased ATO visibility begin; review aged receivables and issue formal payment demands for invoices over 60 days (and seek legal advice for debts over 90 days); confirm ABN, business name, licenses, permits, and ASIC details are current; check major contracts for automatic renewal clauses and notice windows; reassess whether the business structure, shareholders’ agreement, and (if applicable) trust distribution resolutions are fit for purpose before 30 June; and update personal documents, especially a current will and enduring power of attorney, to support business continuity.

    00:00 Six Days Left

    01:21 Podcast Intro

    02:27 Why This Checklist

    03:23 Audit Employment Setup

    05:39 Reconcile Super Now

    07:32 Overdue Invoices Plan

    09:17 Update Registrations

    11:17 Avoid Auto Renewals

    13:11 Rethink Structure

    14:55 Wills And POA

    17:06 Seven Item Recap

    18:33 Year End Wrap Up

    21 min
  • 65 - Employment law changes from 1 July 2026: what you need to know

    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 Wage Review increases the national minimum wage 6% to $26.44/hour ($1,004.90/week) and modern award minimum rates 4.75%, effective from the first full pay period on or after 1 July, with a phased removal of the C13 classification; employers must update payroll and ensure salaries still absorb award entitlements where applicable and enterprise agreement rates remain above awards. “Payday super” replaces quarterly payments: super must be received by funds within 7 business days of each payday (with a 20-business-day rule for new starters), triggering non-deductible SGC if late. Government-funded paid parental leave expands to 26 weeks, with 4 weeks reserved for the non-primary carer, requiring policy and workforce planning updates. Victorian law restricts NDAs in sexual harassment settlements unless requested by the complainant, with strict procedural requirements and a 12-month termination right.

    00:00 July Law Changes Overview

    01:25 Show Intro Disclaimer

    02:32 Minimum Wage Award Rises

    06:09 Payroll Checks BOOT

    08:46 Payday Super Explained

    13:01 Payday Super Checklist

    15:03 Paid Parental Leave Update

    19:35 Victoria NDA Limits

    23:20 Final Summary Next Steps

    https://calculate.fairwork.gov.au/FindYourAward

    https://www.fairwork.gov.au/about-us/workplace-laws/annual-wage-review/annual-wage-review-2026

    https://www.ato.gov.au/businesses-and-organisations/super-for-employers/payday-super/about-payday-su...

    https://www.servicesaustralia.gov.au/parental-leave-pay

    https://www.vic.gov.au/restricting-non-disclosure-agreements-sexual-harassment-work-act-2025

    27 min
  • 64 - The Great Wealth Transfer

    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 comprise 70% of Australian businesses and employ 50% of the workforce, yet only about 30% transition to the next generation (12% to the third). The episode distinguishes ownership succession from leadership succession and explores equality vs fairness vs equity in inheritances. Bush compares lifetime transfers (managed handover, mentoring, continuity, possible tax structuring) with testamentary transfers (disruption, disputes, lack of readiness), recommending a hybrid approach. She urges families to start conversations now and outlines a framework: regular valuations, professionalized systems, leadership development, a family constitution, and aligned legal documents (will, enduring power of attorney, shareholders and buy-sell agreements, trusts), supported by structured family meetings and diagnostic tools.

    00:00 Trillions at Stake

    00:57 Why Family Businesses Differ

    01:59 Show Intro and Disclaimer

    03:06 Roadmap and Big Picture

    05:01 Succession Success Rates

    08:15 Should One Child Inherit

    10:55 Ownership vs Leadership

    12:34 Equality, Fairness, Equity

    18:33 Transfer Now or Later

    24:09 Start the Conversations Now

    28:31 Practical Succession Framework

    33:13 Wrap Up and Next Steps

    https://familybusinessassociation.org/resources/family-business-diagnostic-tool

    https://familybusinessassociation.org/community/advisor-directory

    https://www.tdgp.com.au

    Previous episodes:

    Episode 19 - Business Succession Planning

    https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149042140

    Episode 55 - Is a simple will enough for a business owner?

    https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149186556

    Episode 59 - When business and divorce collide

    https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149200656

    Episode 60 - Shareholders agreements

    https://www.businessknowhow.com.au/podcasts/business-know-how/episodes/2149202582

     

    37 min
  • 63 - Licensing and Permits - What does your business actually need?

    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), and local council (e.g., development consent, building approvals, food premises registration, outdoor dining, signage, noise). She outlines typical approval needs for food and hospitality (Food Standards Code, food authority registration, food safety supervisor, council inspections, liquor licensing), trades and construction, health practices (AHPRA registration, premises consent, accessibility, medicines approvals), and retail/e-commerce (product licences, ACL, privacy, ASIC where relevant). She recommends using ABLIS to identify obligations, confirming premises suitability with council, and auditing/renewing licences, noting serious risks of illegal trading, shutdown orders, prosecution, contract breaches, and invalidated insurance.

    00:00 The Costly Approval Trap

    01:41 Show Overview and Disclaimer

    03:59 ABN Is Only Step One

    04:35 Three Government Tiers

    06:29 Council Approvals Matter

    08:26 Food Business Requirements

    11:39 Trades and Construction Licences

    13:00 Health Practice Compliance

    14:30 Retail and Online Rules

    15:59 Using ABLIS to Check

    19:14 ABLIS Limits and Myths

    20:58 Penalties and Insurance Risks

    23:47 When Licences Get Suspended

    25:15 Practical Approval Checklist

    28:14 Wrap Up and Next Steps

    https://ablis.business.gov.au/

    https://business.gov.au/

    https://business.gov.au/registrations

    32 min
  • 62 - The legal risks of unpaid internships

    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, required by an authorised course, and documented by the institution) or a non-employment arrangement where the person does no productive work, receives meaningful training, and the main benefit flows to them. She details key indicators used by courts and the Fair Work Ombudsman (purpose, duration, control, benefit, and payment expectations) and cites enforcement examples (Croc Media fines and back pay; D.Studio Architects underpayment recovery). She also covers higher civil penalties after the Feb 2024 reforms and the Jan 2025 criminal offence for intentional underpayment and provides a checklist: verify vocational status, keep placements short/observational, document and review, and when in doubt, pay.

    00:00 The Internship Trap

    01:54 Show Intro and Roadmap

    04:17 Why Internships Matter

    08:02 Two Legal Pathways

    08:21 Vocational Placement Rules

    11:11 When It's Not Employment

    13:43 The Employment Line Tests

    18:21 Case Study: Croc Media

    21:46 Case Study D Studio

    24:17 New Penalties and Crimes

    29:47 Practical Compliance Checklist

    34:31 Wrap Up and Resources

    38 min
  • 61 - Setting prices (and avoiding resale price maintenance)

    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 Competition and Consumer Act (Section 48). She outlines why RPM harms retail price competition, especially for small retailers, and notes ACCC enforcement and a narrow, rarely used authorisation process. The episode reviews late-2025 ACCC undertakings involving Connected Audio Visual, Golf Imports, and EE Group Australia and highlights the December 2023 Federal Court penalty of $15 million against Techtronic Industries Australia for widespread, enforced RPM. Bush clarifies that recommended retail price is legal only as a non-mandatory suggestion and provides action steps for retailers (review agreements, document pressure, and report to ACCC) and suppliers (audit and remove clauses, notify networks, train staff, and seek legal review).

    00:00 Supplier Threat Call

    00:34 Why RPM is Illegal

    01:17 Episode Roadmap

    02:32 RPM Defined Simply

    03:43 Per Se Rule Explained

    04:10 Why the Law Exists

    05:36 ACCC Cases Overview

    05:47 Case CAV Dashcams

    07:14 Case Golf Imports

    08:37 Case EE Group Drones

    10:09 Techtronic $15M Penalty

    12:16 What RRP Really Means

    13:17 Supplier Dos and Don’ts

    14:40 Disclaimers Don’t Help

    15:18 Retailer Action Steps

    16:55 Supplier Action Steps

    19:04 Key Takeaways Recap

    21:37 Get Help and Subscribe

    https://www.accc.gov.au/media-release/dash-cam-and-car-audio-supplier-connected-audio-visual-admits-...

    https://www.accc.gov.au/media-release/wholesaler-golf-imports-admits-to-engaging-in-resale-price-mai...

    https://www.accc.gov.au/media-release/drone-supplier-ee-group-admits-to-resale-price-maintenance

    https://www.accc.gov.au/business/selling-products-and-services/small-business-toolkit/exclusive-deal...

    https://www.accc.gov.au/business/competition-and-exemptions/minimum-resale-prices

    24 min
  • 60 - Why you need a Shareholders Agreement

    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, contributions, exit rights, and deadlock. She illustrates the consequences through Pitak v Sudtipatudom (NSW Supreme Court, 2025), where two couples informally agreed to run a Loftus Lane, Sydney café 50/50, but the operating company (SLT) was solely owned and directed by one party, with nothing in writing; disputes over profit vs revenue, alleged $77,745.32 cash contributions, and control escalated into years of litigation, ending with claims dismissed and the café liquidated. Bush outlines common mistakes: relying on trust, using templates, never reviewing agreements, and not involving accountants/financial planners and invites listeners to contact Shire Legal or join the Café Kickstart course.

    00:00 Cafe Dream Turns Sour

    01:27 Why You Need One

    03:13 Podcast Intro Disclaimer

    04:20 What It Is Exactly

    04:33 Constitution vs Agreement

    08:01 Who Actually Needs It

    08:36 Trust Is Not Enough

    10:03 The Pitak Case Setup

    13:26 Court Issues And Rulings

    17:54 How An Agreement Fixes It

    21:23 Exit And Deadlock Clauses

    24:21 Common Mistakes To Avoid

    29:19 Wrap Up And Next Steps

    https://www.businessknowhow.com.au/blog/partnership_0925

    33 min
  • 59 - When business and divorce collide

    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 2), she outlines how a common company-and-family-trust structure was undermined by poor governance: mixing personal and company finances, failing to meet director tax obligations (including DPN and Division 7A issues), mismanaging trust dealings (including unpaid rent), inadequate records and disclosure, and attempting voluntary liquidation mid-proceedings. She emphasizes that liquidation is not an escape and that lack of planning fuels costly litigation. Practical steps include a shareholders agreement, strict financial separation, proper trust documentation, staying current on BAS and super obligations, considering a binding financial agreement, and maintaining strong records.

    00:00 Business at Breakup

    03:34 What We Will Cover

    04:12 Family Law Meets Business

    06:20 Emerton Case Setup

    08:46 Lesson One Structure Misused

    11:05 Lesson Two Director Tax Traps

    14:23 Lesson Three Trust Mismanagement

    16:25 Lesson Four Records Disclosure

    18:25 Lesson Five Liquidation Myth

    20:44 Lesson Six No Exit Plan

    22:57 Protective Steps Checklist

    29:25 Key Takeaways and Wrap

    https://www.businessknowhow.com.au/blog/businessdivorce_0226

    33 min
  • 58 - Resolving business disputes - how NCAT can help

    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 services disputes, retail and commercial lease disputes, and home building matters, while noting other divisions relevant to licensing, regulation, discrimination, and professional conduct. Bush covers when to apply (after attempting written negotiation), how to lodge an application, and how to prepare evidence with organized documents, a timeline, and clear outcomes sought. She describes what happens at hearings and conciliation, discusses when lawyers are optional or useful and how representation may require permission, and explains enforceable orders NCAT can make, including payment, work completion, contract, and lease-related orders.

    00:00 Business Disputes Intro

    01:06 Podcast Welcome Disclaimer

    02:14 NCAT Overview Roadmap

    03:31 NCAT Divisions Explained

    05:39 Common Business Disputes

    07:41 When to Apply Process

    08:53 Preparing Your Evidence

    10:10 What Happens at Hearing

    12:01 Do You Need Lawyer

    14:40 Orders NCAT Can Make

    16:14 Key Takeaways Next Steps

    New South Wales Civil & Administrative Tribunal

    https://ncat.nsw.gov.au/

    NCAT Procedural Directions and Guidelines

    https://ncat.nsw.gov.au/publications-and-resources/procedural-directions-and-guidelines.html

    18 min

About Business Know How

From the publisher's feed

"Business Know How: Practical Legal Insights for Australian Businesses" is your go-to source for understanding the legal landscape of business, property, and estates law in Australia. Hosted by…