Business Know How

Melissa Bush
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"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. 53 - The importance of independent legal advice

    5 DAYS AGO

    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
  2. 52 - Before you sell your business

    10 MAR

    52 - Before you sell your business

    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 name) and how lease assignments can derail a deal if landlord consent is refused or new terms are demanded. She warns that inaccurate financial information, even if unintentional, can expose sellers to misleading or deceptive conduct claims if buyers rely on it. She explains that employees do not automatically transfer, requiring sellers to address entitlements and buyers to document new terms to avoid staff uncertainty and value loss. Finally, she discusses conditions precedent like finance approval and how missed deadlines can trigger disputes over deposits, emphasising careful drafting and early professional advice. 00:00 Selling Is Complex 01:22 Show Format Disclaimer 02:30 What Youre Selling 03:59 Leases Can Derail 05:19 Financials Must Be Accurate 08:08 Employees And Entitlements 10:26 Contract Conditions Deposits 12:37 Prepare For A Smooth Sale 13:56 Final Takeaways Next Steps

    15 min
  3. 51 - The problem with unwritten partnership agreements

    3 MAR

    51 - The problem with unwritten partnership agreements

    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 partners acting as agents who can bind each other, joint and several personal liability for debts, and fiduciary duties. The episode discusses Hallam v Tancred, where an arrangement labelled as employment was found on appeal to have partnership hallmarks, and a NSW cafe dispute case (Pitac v Sdo) showing vague informal understandings and undocumented cash claims failing against formal company records. Bush covers dissolution, valuation, death of a partner, and urges documenting contributions, profit distribution, decision-making, exit and valuation mechanisms, estate planning alignment, and tax considerations through a formal partnership deed. 00:00 Handshake Deals Risk 01:29 Show Intro Disclaimer 02:37 Partnership Basics NSW 04:11 Legal Consequences Partners 05:21 Case Hallam Tancred 07:11 Cafe Dispute Case 09:41 Exit Without Agreement 11:33 Hidden Liability Risks 12:41 Death Estate Issues 13:49 Why Avoid Agreements 14:49 How To Protect Yourself 16:14 Key Takeaways Wrap 17:29 Final Call To Action

    18 min
  4. 50 - 10 Things You May Not Know About Unfair Dismissal

    24 FEB

    50 - 10 Things You May Not Know About Unfair Dismissal

    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 business employers, and not being a genuine redundancy) and notes possible remedies of reinstatement or compensation. The episode covers 10 key points: minimum employment periods (6 months, or 12 months for employers with fewer than 15 employees); casuals may qualify if employed regularly and systematically with a reasonable expectation of ongoing work; high earners may still claim if covered by an award or enterprise agreement (high income threshold cited as $183,100 from 1 July 2025); resignations can be constructive dismissal; a valid reason is not enough without fair process and an opportunity to respond; the Small Business Fair Dismissal Code and its Fair Work Commission checklist must be followed (including warnings for performance issues and reasonable grounds for summary dismissal for serious misconduct); redundancies must be genuine and include consultation and redeployment considerations; claims must be lodged within 21 days; reinstatement is the primary remedy, with compensation generally capped at the lesser of 26 weeks’ pay or half the high income threshold; and costs are usually each party’s own but can be ordered for unreasonable conduct or hopeless claims/defences. Two cases are discussed: Mitchell Fuller v Madison Branson (false sick leave and dishonesty found to justify dismissal consistent with the Small Business Fair Dismissal Code, claim dismissed) and Janice v Red Star Gold Coast (redundancy accepted but unfair dismissal found due to failure to conduct genuine award-required consultation). The episode emphasises that eligibility, correct process, using the code and checklist, and seeking advice before termination can reduce risk, and highlights the importance of acting quickly given the 21-day limit. 00:00 Unfair Dismissal Scenarios 01:08 Show Intro and Disclaimer 02:28 What Unfair Dismissal Means 03:22 Eligibility and Service Rules 04:07 Casuals and High Earners 05:34 Constructive Dismissal Risks 06:18 Valid Reason vs Fair Process 07:09 Small Business Code Checklist 08:43 Genuine Redundancy Requirements 09:38 Deadlines Remedies and Costs 11:33 Case Study False Sick Leave 13:50 Case Study Redundancy Consultation 16:25 Key Takeaways for Owners 17:28 Final Advice and Wrap Up https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2024/531.html https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2025/784.html https://www.fwc.gov.au https://www.fairwork.gov.au https://www.fwc.gov.au/small-business-fair-dismissal-code https://www.fwc.gov.au/high-income-threshold https://www.fwc.gov.au/awards-and-agreements/awards

    18 min
  5. 49 - Understanding trusts

    17 FEB

    49 - Understanding trusts

    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), companies (a separate ASIC-registered legal entity that can own property and enter contracts, with shareholders and directors and generally limited liability), and trusts (not a legal entity but a relationship governed by a trust deed where the trustee holds legal title and contracts on behalf of beneficiaries). She unpacks why the identity of the trustee is critical and uses a commercial lease renewal example where a husband signed personally as trustee, later resigned, and the lack of a corporate trustee created confusion that required careful evidence of the trust and trustee change; she notes a corporate trustee would have provided continuity even if directors or shareholders changed. The episode also covers constructive trusts through a family property development dispute where one person held legal title but others contributed money and labour based on an understanding of shared ownership; the court examined common intention, reliance and contributions, and unconscionability, and ultimately imposed a constructive trust to recognise a beneficial interest despite no trust deed. The key takeaways are to understand who the trustee is, consider a corporate trustee for clarity and stability, and document intentions in shared property arrangements because courts can impose trusts based on conduct, contributions and intention. 00:00 Business Structure Isn’t Just Tax: Who Signs, Who’s Liable? 01:20 Podcast Intro + Legal Disclaimer 02:28 What ‘A Business’ Legally Means (Assets, Relationships, Not an Entity) 03:24 Sole Trader vs Partnership: Personal Liability Explained 04:17 Companies: Separate Legal Entity & Limited Liability Basics 04:54 Trusts 101: What a Trust Is (and Why It’s Not a Legal Person) 06:12 Lease Renewal Case Study: When the Wrong Trustee Name Is on the Lease 07:26 Why a Corporate Trustee Matters: Continuity, Clarity, Stability 08:06 Constructive Trusts: Family Property Dispute & What Courts Look For 12:17 Key Takeaways + Next Steps (Structure, Trustees, Document Intentions)

    14 min
  6. 48 - Legal health check

    10 FEB

    48 - Legal health check

    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 Knowhow Legal Health Checklist. Listeners are encouraged to download the checklist to evaluate their legal foundations, review contracts, understand compliance obligations, and align their business structures. The goal is to manage legal responsibilities proactively to ensure a smooth operation throughout the year. 00:00 Introduction: Assessing Your Business's Legal Health 01:13 Welcome to Business Knowhow Podcast 02:28 Starting the Webinar: Legal Health Check Overview 05:04 Understanding the Business Lifecycle 08:36 Proactive Legal Compliance 14:27 Legal Health Check: Key Elements 16:17 Business Structures and Succession Planning 21:38 Contracts and Employment Agreements 24:35 Compliance and Regulatory Obligations 25:43 Estate Planning for Business Owners 28:09 Conclusion and Next Steps

    31 min
  7. 47 - Starting the Year with Legal Clarity

    3 FEB

    47 - Starting the Year with Legal Clarity

    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

    14 min
  8. 46 - Holiday sales strategy

    16/12/2025

    46 - Holiday sales strategy

    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

    24 min
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5
out of 5
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
    54
  • Rating
    Explicit
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How