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. 1d ago

    70 - Consumer guarantees & warranties - what you must understand

    Consumer Guarantees vs Warranties: Refund Policies, ACCC Enforcement, and What’s Changing in the ACL Melissa Bush explains Australian Consumer Law consumer guarantees and how they differ from voluntary warranties, stressing guarantees apply automatically, can’t be excluded, and may outlast warranty periods. She outlines key guarantees for goods and services, who qualifies as a "consumer", and how remedies depend on minor versus major failures, including compensation for consequential loss. Using Mazda Australia’s $11.5 million penalty for wrongly insisting repairs were the only remedy, she highlights the risk of misleading representations. She lists ACCC-targeted statements found in a sweep of 2,000 retail websites (e.g., “no refunds", strict return windows, “final sale", “no returns on opened items", “out of warranty", or shifting responsibility to manufacturers), citing Koala Living penalties and proceedings against Mosaic Brands. She flags proposed ACL reforms to penalise simply refusing required remedies and provides a compliance checklist for policies, terms, signage, and staff training. 00:00 No Refunds Can Be Illegal 01:19 Show Intro and Disclaimer 02:26 Consumer Guarantees Explained 05:10 Guarantees vs Warranties 06:48 Major vs Minor Failures 08:21 Mazda Case Lessons 09:56 ACCC Targets Bad Policies 13:54 Law Reform on Enforcement 16:19 Compliance Checklist 18:23 Wrap Up and Resources

    70 - Consumer guarantees & warranties - what you must understand

  2. Jul 14

    69 - Watch what you say: cartel conduct

    Anti-Competitive Conduct: Cartels, Competitors and the Five Rules for Small Business Host Melissa Bush explains how Australian competition law under the Competition and Consumer Act 2010 applies to businesses and individuals of every size, with no small business exemption, and warns how informal chats with competitors can create criminal cartel risk. She outlines the four illegal cartel types – price fixing, output restrictions, market allocation, and bid rigging and highlights severe civil and criminal penalties, including up to $100 million per contravention for corporations and up to 10 years’ prison for individuals, citing ACCC enforcement examples (QTech, Bingo Industries/Aussie Skips, crane hire WhatsApp chats, and fresh produce suppliers). She stresses no written contract is needed; an “understanding” and later parallel conduct may suffice, and ACCC can compel messages and documents. She distinguishes lawful industry discussion from prohibited topics and gives five rules: never discuss prices or customers/territories/bids, clearly object and leave if those arise, assume communications are discoverable, and seek legal advice promptly, including considering ACCC immunity. 00:00 Cocktail Chat Trap 00:57 Episode Purpose and Host 02:53 Cartel Conduct Basics 04:50 Penalties and Real Cases 06:33 How Cartels Really Start 08:32 Informal Agreements Count 10:28 What You Can Discuss 12:04 What You Cannot Discuss 13:40 Five Rules to Follow 15:49 Summary and Next Steps https://www.accc.gov.au/business/competition-and-exemptions/cartels https://www.accc.gov.au/business/competition-and-exemptions/associations-and-professional-services/i...

    69 - Watch what you say: cartel conduct

  3. Jul 7

    68 - The real role of mediation for business partners

    Mediation for Australian Businesses: Resolving Disputes Early, Especially in Family Partnerships Melissa Bush explains mediation as a structured, facilitated process where an independent mediator helps parties communicate, explore underlying interests, and negotiate their own agreement, unlike arbitration or judge-imposed outcomes and deeper than lawyer-to-lawyer negotiation. She outlines how Australian courts treat ADR seriously, including NSW obligations under the Civil Procedure Act 2005 and Federal Court referrals, with potential cost consequences for refusing to engage; mediation offers cost, time, control, and confidentiality advantages, and many matters resolve at mediation. The episode focuses on using mediation proactively to address partnership tensions before they escalate into litigation, and highlights added complexity in family business disputes where emotional and historical dynamics sit beneath commercial issues. Bush discusses choosing an appropriate mediator, preparing emotionally as well as legally, using dispute resolution clauses and family constitutions, and notes mediation’s limits regarding unwilling participants and safety concerns. 00:00 Why Disputes Escalate 00:41 Mediation Before Lawyers 01:39 Podcast Intro and Disclaimer 02:46 Episode Roadmap 04:00 What Mediation Really Is 05:04 Mediation vs Arbitration 05:43 Mediation vs Negotiation 06:39 Mediation in Litigation 06:42 Why Courts Push ADR 08:22 Benefits Cost Time Control 09:26 Proactive Partnership Mediation 12:38 When Partners Are Family 13:22 Family Dynamics Underneath 14:47 Choosing the Right Mediator 15:41 Preparing for Family Mediation 16:47 Dispute Clauses and Governance 17:36 Limits of Mediation 19:01 Wrap Up and Next Steps 20:47 How to Get Help 22:07 Final Takeaway Melissa Bush, Mediator - https://www.melissabush.com.au/ Resolution Institute - resolution.institute

    68 - The real role of mediation for business partners

  4. Jun 30

    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

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

  5. Jun 23

    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

    66 - EOFY Legal Checklist

  6. Jun 16

    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

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

  7. Jun 2

    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

    64 - The Great Wealth Transfer

  8. May 26

    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

    63 - Licensing and Permits - What does your business actually need?
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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.

Information

  • Creator
    Melissa Bush
  • Years Active
    2024 - 2026
  • Episodes
    71
  • Rating
    Clean
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How