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

    3 DAYS AGO

    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
  2. 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
  3. 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
  4. 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
  5. 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
  6. 45 - Modern slavery

    09/12/2025

    45 - Modern slavery

    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

    17 min
  7. 44 - Social media influencers & free services

    02/12/2025

    44 - Social media influencers & free services

    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

    15 min
  8. 43 - Protecting confidential information and trade secrets after an employee leaves

    25/11/2025

    43 - Protecting confidential information and trade secrets after an employee leaves

    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) You can subscribe to the newsletter here - https://www.businessknowhow.com.au/newsletter  Follow Business Know How on Facebook, Instagram and LinkedIn. Follow Melissa Bush on LinkedIn.

    27 min
See All (51)

Trailer

Ratings & Reviews

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
    51
  • Rating
    Explicit
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How