Business Know How

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 legal issues faced by business owners, the value of early legal advice, and introduces upcoming resources and webinars designed to help businesses maintain legal health. Tune in to learn how to set your business up for success with clarity, confidence, and a solid legal foundation.  

00:00 Welcome to Season 2 of Business Know How Podcast

00:42 Introduction to Practical Legal Insights

03:35 Reflecting on Last Year's Lessons

07:06 Common Legal Patterns in Business

09:50 Looking Ahead: 2026 and Beyond

11:38 Upcoming Webinars and Final Thoughts    

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

https://www.businessknowhow.com.au/webinars 

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 risks associated with misleading promotions. Melissa also delves into the ACCC's recent actions during Black Friday, highlighting common pitfalls to avoid. Through detailed examples and timelines, she offers actionable advice on running successful and legally compliant sales. The episode wraps up with reflections on the first season of the podcast and a look ahead to the next year.

00:00 Introduction to Holiday Sales Risks and Opportunities

00:34 Legal Risks During Holiday Sales

00:41 ACCC's Role and Recent Actions

01:21 Masterclass on Running a Legally Compliant Sale

02:47 Importance of the Holiday Sales Season

04:37 Legal Framework for Advertising and Selling

07:01 ACCC's Findings from Black Friday Sweep

09:46 Building Your Holiday Sales Blueprint

16:54 Common Retailer Questions and Case Studies

21:58 Conclusion and Reflections on Season One

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 practical steps businesses can take to mitigate risks. A detailed fictional case study highlights the inadvertent involvement of a Sydney cafe in modern slavery practices through a subcontractor, underscoring the importance of due diligence. Melissa outlines a comprehensive five-part framework and a practical checklist for small businesses to identify and manage modern slavery risks effectively.

00:00 Introduction to Modern Slavery in Australia

02:40 Understanding Modern Slavery

03:44 Modern Slavery in the Australian Context

05:15 The Evolution of Modern Slavery Laws in Australia

09:00 Impact on Small Businesses

09:48 Case Study: Luna's Cafe

12:49 Practical Steps for Small Business Owners

15:24 Modern Slavery Risk Management Checklist

16:00 Conclusion and Final Thoughts

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 law, highlighting the guidelines set by the ACCC, AANA, and AIMCO. She discusses key issues such as disclosure responsibilities, potential legal risks, and the importance of written agreements. This episode provides actionable advice for businesses to manage influencer collaborations ethically and legally, ensuring transparency and compliance.

00:00 Introduction to Influencers and Free Services

00:37 Understanding the Legal Implications

01:24 Welcome to Business Know How

02:19 A Common Scenario: Influencer Requests

03:33 Legal Framework and Industry Standards

08:21 Case Study: Harbor and Bloom Weddings

10:18 Risks and Considerations

11:57 Best Practices for Influencer Collaborations

14:31 Conclusion and Final Thoughts

https://aana.com.au/self-regulation/codes-guidelines/code-of-ethics/

https://aimco.org.au/best-practice

https://www.accc.gov.au/business/advertising-and-promotions/social-media-promotions

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, and non-compete restraints, and practical steps employers can take before, during, and after an employee's departure. Learn from recent court cases and stay informed about potential changes in employment law, including upcoming federal reforms. Packed with practical advice and real-life examples, this episode is crucial for any small business owner looking to protect their confidential information and trade secrets.

00:00 Introduction: Protecting Your Business When Employees Leave

00:28 Legal Duties After Employment Ends

03:28 Implied Obligations in Employment

06:08 Express Contractual Tools for Protection

08:49 Practical Steps for Employers

11:05 Recent Case Law and Legal Developments

19:53 Operational and Procedural Steps

23:18 Upcoming Legal Reforms and Final Advice

26:17 Conclusion and Contact Information

Cases referred to in this episode:

McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd (NSW Court of Appeal)

Shire Real Estate Pty Ltd v Kersten (NSW Supreme Court)

Monarch Advisory Group Pty Ltd v Puxty (No 4) (Federal Court)

Agha v Devine Real Estate Concord Pty Ltd (NSW Court of Appeal)

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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 shares practical tips for maintaining compliance. Topics include updating registered office addresses, ensuring accurate financial records, the role of accountants, and staying proactive in corporate governance. The episode also offers a free compliance checklist for company directors.

00:00 Introduction: The Importance of Company Compliance

00:53 Welcome to Business Know How

01:51 Setting Up a Company in Australia

02:12 The Role of a Registered Office

03:09 Financial and Compliance Obligations

03:53 The Importance of Professional Help

05:07 Case Study: WCX M4 PT Pty Ltd v Vanguard Australia Pty Ltd 

08:13 Lessons for Company Directors

10:24 Conclusion and Free Compliance Checklist

Download your Director Checklist here

ASIC Changes to Company Details

WCX M4 PT Pty Ltd v Vanguard Australia Pty Ltd [2025] FCA 1341

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 to illustrate how ownership can become complicated and emphasises the importance of clear written agreements, defining roles, and seeking legal advice early. Business owners are encouraged to protect their intellectual property through proper contracts and understanding their rights to avoid future disputes.

00:00 Introduction to Copyright Ownership

01:38 Understanding Copyright Basics

02:33 Employment and Copyright Ownership

04:25 Case Study: Victoria University of Technology vs. Wilson

06:58 Case Study: ResMed and Employee-Created Works

09:21 Case Study: Telstra and Automated Works

11:59 Key Takeaways for Business Owners 13:31 Conclusion and Recap

Copyright Act 1968 (Cth)

AustLII – Copyright Act 1968 (Cth)

Australian Copyright Council

ACC Fact Sheet: An Introduction to Copyright in Australia (INFO010)

Attorney-General’s Department – Copyright Basics

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 strategic property investments. With over 30 years of legal experience, she emphasizes understanding key laws and obtaining independent legal advice, ensuring business owners are well-prepared for this significant financial and strategic move.

00:00 Introduction to Business Know How

00:58 The Importance of Buying Commercial Property

02:07 Types of Commercial Properties

04:14 Due Diligence in Property Purchase

05:34 Zoning and Planning Considerations

06:08 Finance and Tax Issues

06:55 Future Planning for Your Business

08:27 Case Study: Sinks Land Developments

10:07 Legal Framework in New South Wales

13:32 Key Takeaways and Conclusion

Download our Buying Property Checklist.

Core NSW Property & Conveyancing Laws

Conveyancing Act 1919 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006
Governs contracts for sale, deposits, settlements, and property transfers.

Real Property Act 1900 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-025
Covers the Torrens Title system, land registration and dealings.

Retail Leases Act 1994 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1994-046
Sets out rights and obligations for landlords and tenants of retail premises, including disclosure requirements.

Environmental Planning and Assessment Act 1979 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-203
Provides the framework for zoning, development approvals and planning certificates (Section 10.7).

Local Government Act 1993 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1993-030
Outlines the role of local councils in land use, development approvals and compliance.

Strata Schemes Management Act 2015 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050
Covers the management and operation of strata schemes, owners corporations, levies and by-laws.

Strata Schemes Development Act 2015 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-051
Regulates the subdivision, consolidation, and redevelopment of strata lots.

Duties Act 1997 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1997-123
Covers stamp duty payable on property transfers.

Land Tax Management Act 1956 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1956-026
Sets out land tax obligations and exemptions.

Taxation Administration Act 1996 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1996-097
Provides for the administration of NSW state taxes, including duties and land tax.

Corporations Act 2001 (Cth)
https://www.legislation.gov.au/Series/C2004A00818
Governs company operations, director duties and execution of documents (relevant to guarantees and contracts).

Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth))
https://www.legislation.gov.au/Series/C2004A00818
Provides consumer protections that can, in some cases, apply to small business transactions.

Building and Construction Industry Security of Payment Act 1999 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-046
Relevant if you intend to build or renovate after purchase.

Work Health and Safety Act 2011 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010
Outlines obligations for maintaining a safe workplace on your premises.

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 compliance obligations, Melissa provides actionable guidance derived from over 30 years of legal experience. The episode features a recording of her live webinar presented during New South Wales Small Business Month, focusing on the basics of business registrations, food safety standards, and the importance of conducting due diligence. She also introduces the new 'Cafe Kickstart' 12-week course designed to equip cafe owners with essential knowledge and resources to avoid common legal pitfalls and operate confidently. Tune in for a comprehensive overview, practical tips, and valuable insights aimed at future-proofing your cafe business.

00:00 Introduction to Business Know How

00:58 Webinar Introduction: Future-Proofing Your Cafe

08:03 Understanding Business Structures

11:44 Legal Documentation and Registrations

22:13 Food Safety Standards and Compliance

31:31 Cafe Kickstart Course Overview

33:38 Conclusion and Final Thoughts

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 Supplier Issues and Debt Recovery

00:08 Webinar Series Overview

00:17 Cafe Kickstart Course Enrollment

00:28 Enrollment Deadline Reminder

00:35 Welcome to Business Knowhow

00:50 Suppliers, Contracts & Debt - protecting your cashflow