Business Know How

Melissa Bush
  • 5.0 (3)
  • ENTREPRENEURSHIP
  • UPDATED WEEKLY

"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 Melissa Bush, an experienced lawyer, each episode breaks down complex legal concepts into clear, actionable information. From navigating commercial leases and succession planning to understanding court judgments that impact your operations, this podcast provides the insights you need to protect and grow your business. Whether you’re managing day-to-day operations or planning for the future, Business Know How gives you the legal knowledge to make informed decisions.

  1. 60 - Why you need a Shareholders Agreement

    2 DAYS AGO

    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
  2. 59 - When business and divorce collide

    28 APR

    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

    32 min
  3. 58 - Resolving business disputes - how NCAT can help

    21 APR

    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
  4. 57 - How to exit a franchise the smart way

    14 APR

    57 - How to exit a franchise the smart way

    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, or closing - and explains how renewing before selling can increase value despite renewal fees and upgrade obligations. The episode highlights major risks and constraints including restraint of trade clauses, limits on using customer databases and goodwill, territory restrictions, and the impact of lease structures, especially where the franchisor holds the head lease and the franchisee only has a licence to occupy. She warns that failing to sell before expiry can mean losing goodwill and site control to the franchisor, and urges early review of agreements and professional advice. 00:00 Should You Exit 00:52 Podcast Intro Disclaimer 01:59 Why Exiting Is Complex 03:19 Selling Your Franchise 04:34 Non Renewal Planning 05:21 Early Termination Talks 06:37 Renewal Timing Strategy 08:37 Restraint Of Trade 10:27 Lease Territory Customers 12:54 Walking Away Costs 14:38 Franchisor Continuity 17:09 Exit Strategies Recap

    19 min
  5. 56 - Fair Work Employment Law update (Q1 2026)

    7 APR

    56 - Fair Work Employment Law update (Q1 2026)

    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 deliberate or repeated conduct. She highlights targeted industries (hospitality, construction, labour hire, manufacturing, healthcare/care) and a strong focus on migrant and young workers, plus increasing Fair Work–ATO collaboration. Key examples include UNSW penalized for record-keeping failures, individuals pursued despite liquidation, alleged false records by a labour hire provider, healthcare and small single-employee cases, multi-site systemic payroll errors, non-compliance with Fair Work Commission orders, enforceable undertakings (including Uniting Communities’ $2.6m underpayments), crackdown on cashback schemes, escalation for ignoring compliance notices, joint sham contracting action, unannounced joint inspections, and harsher treatment of repeat offenders. 00:00 Q2 Kickoff and Shift 01:06 Show Intro and Disclaimer 03:22 How to Read Releases 05:18 January Cases and Signals 08:16 February Expansion and Escalation 12:27 March Crackdowns and Joint Ops 15:47 Quarter Themes and Takeaways 17:19 Wrap Up and Next Steps https://www.fairwork.gov.au/newsroom/media-releases

    17 min
  6. 55 - Is a simple will enough for a business owner?

    31 MAR

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

    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 estate, while partnerships involve a partnership interest often governed by partnership agreements, and companies involve shares that may be restricted by shareholder agreements. The episode covers common agreement provisions such as buyout rights, valuation mechanisms, and limits on family members stepping into ownership, plus Corporations Act 2001 issues for sole director/sole shareholder companies. Bush emphasizes powers of attorney for incapacity planning, the role of insurance and buy-sell agreements in funding ownership transfers, and risks of intestacy causing delays and disruption. Proper advice aligns wills, business documents, and objectives. 00:00 Is a Simple Will Enough 01:08 Podcast Intro and Roadmap 03:16 What a Will Covers 04:15 Business Structures and Estates 06:08 Partnerships After Death 07:31 Shares and Shareholder Rules 08:44 Sole Director Risks 09:46 Powers of Attorney Matter 10:49 Buy Sell and Insurance 11:59 No Will Intestacy Problems 12:48 DIY Wills for Owners 13:35 What Proper Advice Looks Like 14:35 Wrap Up and Next Steps

    16 min
  7. 54 - Lessons from a real life business dispute

    24 MAR

    54 - Lessons from a real life business dispute

    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 $20,000 in customer refunds; after the split, the friend claims to be out but remains listed as director/shareholder, refuses mediation, and disputes responsibility despite texts and a joint account. The episode explains how disputes hinge on evidence, structure, and legally recognisable relationships, including whether a partnership exists, how ownership is determined by registrations and conduct, and issues of control, fiduciary duties, and proof without documents. Key guidance is to get early legal advice, avoid unilateral escalation, preserve evidence, and consider negotiation/mediation given litigation costs and uncertainty. 00:00 Business Dispute Case Study 01:02 Podcast Welcome Disclaimer 02:10 Forum Post Breakdown 04:11 Why These Disputes Happen 06:27 How Informal Deals Unravel 08:56 Key Legal Issues Explained 12:17 Online Advice Three Rules 14:20 Prevention Lessons Upfront 15:39 What To Do Now 16:16 Key Takeaways Farewell

    18 min
  8. 53 - The importance of independent legal advice

    17 MAR

    53 - The importance of independent legal advice

    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 engaged in unconscionable conduct. With handwriting experts for both parties unable to reach definitive conclusions, the court assessed the totality of evidence, including the advance and receipt of funds, repayment history, and lender records consistent with an operative loan. The borrower’s forgery case failed because serious allegations require persuasive proof on the balance of probabilities, and minor date discrepancies were treated as possible administrative errors. The unconscionable conduct claim also failed due to lack of special disadvantage or exploitation and because the borrower had an opportunity to obtain independent legal advice but did not. The key lesson for business owners is that once transactions are implemented, unwinding them is extremely limited, making independent legal advice critical for loans, guarantees, leases, and major business decisions. 00:00 Signing Without Realising 00:49 Case Overview And Roadmap 01:15 Podcast Intro And Disclaimer 03:20 The Loan And Default 04:19 Forgery And Backdating Claims 04:52 Handwriting Evidence Problems 05:30 How Courts Weigh Evidence 06:48 Why The Claims Failed 09:35 Independent Advice Matters 11:14 Where Advice Is Essential 14:15 Final Takeaways And Wrap https://www.businessknowhow.com.au/blog/independentadvice_0326

    15 min
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3 Ratings

About

"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 Melissa Bush, an experienced lawyer, each episode breaks down complex legal concepts into clear, actionable information. From navigating commercial leases and succession planning to understanding court judgments that impact your operations, this podcast provides the insights you need to protect and grow your business. Whether you’re managing day-to-day operations or planning for the future, Business Know How gives you the legal knowledge to make informed decisions.

Information

  • Creator
    Melissa Bush
  • Years Active
    2024 - 2026
  • Episodes
    61
  • Rating
    Clean
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How