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. 2d ago

    74 - The $83,000 mistake in a commercial lease

    Hoang v Hungry Jack’s: How One Word in a Lease Decided $83,000 a Year The episode explains the 2026 Supreme Court of New South Wales case Hoang v Hungry Jack’s, a dispute over an $83,000 annual rent gap caused by differing interpretations of how market rent should be assessed under a registered commercial lease for a Hungry Jack’s drive-through in Taree. Hungry Jack’s argued the valuer should assess only bare land because it built the restaurant, claiming “premises” meant land only, the building was not a fixture or was a lessee’s fixture, and alternatively that charging rent on the building was unconscionable under the ACL. Justice Pike rejected all arguments, holding the lease defined “premises” to include the building, the restaurant was a fixture owned by the landlord, it was not removable as a lessee’s fixture, and the earlier 2004 agreement for lease was excluded by the registered lease and entire agreement clause. The episode draws seven lessons on definitions, rent review drafting, ownership of improvements, registered documents, entire agreement clauses, due diligence, and getting terms right at the start. 00:00 The $83K Dispute 01:21 Podcast Intro Disclaimer 02:27 Deal Setup 2004 Lease 03:21 New Owner Rent Review 05:12 Hungry Jack's Three Arguments 08:06 Court Rejects Arguments 12:13 Seven Lessons Breakdown 17:55 Final Takeaways Outro Hoang v Hungry Jack’s Pty Ltd [2026] NSWSC 775:  www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2026/775.html

    74 - The $83,000 mistake in a commercial lease

  2. Aug 11

    73 - Use it or lose it - trade mark non-use

    Australia Trademark Non-Use Removal: Use It or Lose It (Trade Marks Act s92) The episode explains that Australian trademark registration is conditional on genuine use and can be removed under the “use it or lose it” principle via a non-use removal application to IP Australia under s92 of the Trade Marks Act 1995. Any person can apply, three years after the filing date, and the decision assesses use in Australia during a three-year lookback window; even a single genuine use can be enough, but token or overseas use does not count, and the application can target all or some goods/services. Two grounds are covered: s92(4A) lack of genuine intention to use at filing, and s92(4B) actual non-use in the relevant period, with owners needing evidence to rebut non-use. Recent 2025 cases (Whiplash/Whiplash’d and Butterful & Creamorous) show removal can’t be limited by state, use anywhere in Australia can defeat removal, and the intention-to-use evidentiary bar is low, making s92(4B) more practical. The host advises documenting Australian use, ensuring authorized user arrangements are recorded, and targeting removal applications carefully by class. 00:00 Trademark Not Set-and-Forget 01:23 Podcast Intro and Disclaimer 02:30 Use It or Lose It Basics 03:37 Timing and Use Requirements 05:02 Two Grounds Under Section 92 06:18 Whiplash Case Lessons 10:24 Butterful Case on Intention 13:48 What Counts as Genuine Use 16:31 Protect Your Mark With Evidence 18:18 Challenging a Competitor Strategically 19:51 Key Takeaways and Wrap-Up https://ipfirstresponse.ipaustralia.gov.au/options/trade-mark-non-use

    73 - Use it or lose it - trade mark non-use

  3. Aug 4

    72 - Dying without a Will - what happens with your business

    Intestacy and Your Business: What Happens If You Die Without a Will in NSW Melissa Bush explains how dying without a valid will in New South Wales triggers the Succession Act 2006 intestacy formula (spouse/de facto, then children, parents, siblings, and potentially bona vacantia), which ignores business continuity. She outlines how a surviving spouse may receive personal effects plus a CPI-indexed statutory legacy (noted as $615,054.96 as at 13 July 2026), with the remainder split with children from a prior relationship, creating pressure to sell business assets within 12 months to avoid interest. She details impacts by structure: sole trader operations can freeze until letters of administration; company shares pass to relatives, risking disputes without a shareholders’ agreement; partnerships may dissolve on death under the Partnership Act 1892 unless agreed otherwise. A checklist covers making a business-aware will, enduring power of attorney, shareholder/partnership agreements with buy-sell and insurance, and reviewing personal licences. 00:00 What Happens Without a Will 01:23 Meet Your Host 02:30 Intestacy Rules Explained 03:26 Spouse and Children Split 05:38 Business Meets Statutory Legacy 06:51 Sole Trader Shutdown Risk 08:30 Company Shares After Death 10:02 Partnerships Can Dissolve 10:53 Letters of Administration Delay 12:43 Succession Planning Checklist 15:20 Final Takeaways and Wrap

    72 - Dying without a Will - what happens with your business

  4. Jul 28

    71 - Dealing with flexible working arrangement requests

    Flexible Work Requests Under Australia’s Fair Work Act: Lessons from Talaugon v Alight (2025) Melissa Bush explains how flexible work requests under s65 of the Fair Work Act became a tightly regulated process after mid‑2023 reforms, requiring genuine discussion, attempts to reach alternatives, consideration of refusal consequences, and a detailed written response within 21 days, with disputes now able to go to the Fair Work Commission. She reviews the Federal Court case Talaugon v Alight (2025), where a contracts officer and primary carer sought a split-shift, largely work-from-home arrangement; the employer engaged through a formal policy, ultimately refused the proposal on efficiency/productivity and customer service grounds, offered an alternative that was accepted, and later terminated employment amid documented performance concerns. The Court dismissed claims about flexible work, carer’s leave, and adverse action, highlighting consistent treatment of other carers, service-length limits, correct NES carer’s leave scope, and the importance of contemporaneous performance documentation. 00:00 Flexible Work Requests Rise 01:14 Podcast Welcome Disclaimer 02:20 Who Can Request Flexibility 03:36 New Employer Process Rules 05:42 Talaugon v Alight Story 08:32 Court Findings Explained 11:18 Six-Step Employer Checklist 15:09 Wrap Up Resources Next Steps https://www.businessknowhow.com.au/blog/flexibleworking_0526 https://www.fairwork.gov.au/employment-conditions/flexibility-in-the-workplace/flexible-working-arra...

    71 - Dealing with flexible working arrangement requests

  5. Jul 21

    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

  6. 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

  7. 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

  8. 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
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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
    75
  • Rating
    Clean
  • Copyright
    © 2026 Business Know How
  • Show Website
    Business Know How

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