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Rise Up in Business Podcast

The law and business podcast for small business owners.

Cover image for a podcast titled 'Rise Up in Business' with a woman wearing glasses, smiling, sitting at a table with a tablet, and text overlay with the podcast title and host's name.

If you’re looking for:

Relevant business and legal insights, information, tips and guidance, all shared in plain English - this is the podcast for you.

Tracey Mylecharane, a business lawyer and entrepreneur, brings each episode to you in a clear, easy-to-understand way, in short and sharp episodes. You’re sure to take nuggets of gold from each episode to implement into your business straight away.  

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This podcast is shared fortnightly with so much passion and enthusiasm.

With the perspective and insight that only a business lawyer and entrepreneur can offer, it’s everything you need to feel empowered so you can Rise Up and take control in your business.

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Nicole Macdonald Nicole Macdonald

#181 - Save time, sign online - is it legal to sign digitally?

Is having your clients sign your agreements electronically legal? Today, I’m diving into this topic and explaining the differences between digital and electronic signatures, when they’re okay to use and the circumstances in which they normally aren’t.

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Nicole Macdonald Nicole Macdonald

#180 - 4 Things Your Templated Legals Could Be Missing

DIY is for Bunnings, not legals. I say this regularly, and there’s good reason for that: the amount of business owners using templates in order to save money is more than a little eye-watering. So to help you avoid getting caught up in any legal disputes, I want to take you through four crucial things that templated legals often miss - as well as the potential fallout if these gaps are left unaddressed.

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Nicole Macdonald Nicole Macdonald

#179 Just because others do it, doesn't mean it's right

Think back to when you started your business. I bet you were full of excitement, and nervousness. So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if it’s working for them, it should work for you too, right? Wrong. You can never be sure what's going on behind the scenes, so copying their methods can spell big trouble for your business.

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Nicole Macdonald Nicole Macdonald

#178 What it really means to Flourish in business, with Kate Addamo

Adrenal fatigue, poor health, burnout - three struggles that many female business owners, including myself, are all too familiar with. If you’re a woman in business, it’s likely you’ll have experienced one - or all - of these symptoms of hustle culture. The question is, why do we accept the pressure of working ourselves into the ground as the norm?

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Nicole Macdonald Nicole Macdonald

#177 Five things you should know about me before we work together

I’m thrilled to share five key things you should know about me before we work together. 

Whether you're a new client curious about my process or someone who's followed me for a while but wants to understand more deeply, this is for you. I address some of the most frequent questions I get from clients and clarify my working style and values: 

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Nicole Macdonald Nicole Macdonald

#176 The biggest mistakes coaches make, with Sofia Bernardi

Today on the podcast, I’m thrilled to welcome Sofia Bernardi, a mindset and business coach known for her refreshing honesty and dedication to helping her clients. In our conversation, Sofia shares invaluable insights into her journey, the importance of mindset in business and the frequent pitfalls coaches encounter when focusing on scaling their businesses.

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Nicole Macdonald Nicole Macdonald

#175 My top mindset tips for dealing with competition

Knowing who your competitors are and staying informed about industry trends is wise. It’s just good business - and being aware of what others are doing can even open the door for potential collaboration. However, there’s a big difference between taking inspiration from other businesses and flat out copying. That is certainly not okay.

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Nicole Macdonald Nicole Macdonald

#174 This will protect you and your coaching business

Coaching can be an immensely valuable service for a business owner. Over the years, I've had some fantastic experiences with coaches who made a significant impact on my business journey. However, as the coach, it's crucial to make sure that you are running your business with an unwavering commitment to risk mitigation.

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Nicole Macdonald Nicole Macdonald

#173 My Top 5 Tips for Navigating Fast Business Growth

Since launching my business I’ve seen the story of business growth play out in many different ways. Sometimes it’s fantastic, with businesses taking off, flourishing, and setting up for long-term sustainability. However, sometimes businesses have folded, or suffered considerable losses. So, why does this happen? When growth occurs too quickly it becomes unsustainable and overwhelms the business.

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Nicole Macdonald Nicole Macdonald

#172 These are My FAVOURITE Legals to Design

Today I’m diving into one of the aspects of my work that truly sets my soul on fire—drafting client service agreements for small business owners. This agreement lays out the terms a business enters into with its clients, setting the stage for a smooth, professional relationship. Join me as I take you through the intricacies of legal agreements and why the client service agreement holds a special place in my heart.

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Nicole Macdonald Nicole Macdonald

#171 Legal Secrets every creative MUST know

In my business, I work with a lot of creatives to set them up for success and protect their ventures through well-crafted legal documents. Over time, I've noticed that I have the same recurring conversations and answer similar questions from my clients. So today I’m revealing the answers in one spot so you too can know the legal secrets that every creative entrepreneur must know.

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Nicole Macdonald Nicole Macdonald

#170 Restraint of Trade Clauses in Employment Contracts - Can You Have Them?

In today's episode, we're exploring one of the most complex and controversial issues in employment law: restraint of trade clauses in employment contracts. In the small business circles in which I operate, there's a lot of discussion around whether or not restraint clauses are valid and whether we can have them. And with the Federal Trade Commission in the United States banning the use of restraint of trade clauses in contracts altogether, the question we’re now asking ourselves now is: will Australia follow suit?

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Nicole Macdonald Nicole Macdonald

#169 Legals By Design® - I am thrilled to share this with you

This week's podcast episode is one I’ve been planning to record for a while, and it's finally time to share it with you. I've been working for some time on how to articulate in a really succinct and clear way how it is I do what I do when working with my clients, and how it is I create legal documents that work for small business owners.

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Nicole Macdonald Nicole Macdonald

#168 How to protect your Intellectual Property as a creative business

Intellectual property (IP) is a term you often hear in the world of creative businesses. I've observed that many business owners have a general understanding of IP but they don’t necessarily comprehend how to protect it effectively. That’s what I’m going to shed light on today so that you can understand what intellectual property means for your creative business and what you need to do to protect it.

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Nicole Macdonald Nicole Macdonald

#167 Unfair Contract Terms - what are they & do your contracts need to change?

Unfair contract terms is a phrase you may have heard, but understanding this concept as a small business owner is more pressing now than ever before. 

In the past, small businesses were exempt from certain regulations regarding contract fairness. However, as of November last year, this is no longer the case. New legislation has made it critical for small businesses to ensure their contracts do not include unfair terms and the risks for non-compliance are very real, including penalties from $50,000 to $2.5 million, or even more.

So, what exactly are unfair contract terms, and why is this so crucial for small business owners to get right?

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Nicole Macdonald Nicole Macdonald

#166 Six ways to legally protect your Interior Design business

As an interior designer, you translate a client's dream space into reality. You meticulously curate elements, organise renovations, and breathe life into functional and beautiful environments. 

But amidst the mood boards and material selections, a crucial element often gets sidelined: the legal foundation that safeguards your creative vision and protects your design business. 

Today we’re going through six key strategies specifically designed to help interior designers like you safeguard your businesses and intellectual property, ensuring your creative journey is paved with success and peace of mind.

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Nicole Macdonald Nicole Macdonald

#165 Commission Payments & Referral Fees - Can you use them in your creative business?

In my legal practice, I act for creatives, coaches and consultants by helping to set up their documents and the structures in their businesses to protect them moving forward. One topic that has been coming up a lot lately with my interior design clients in particular is commission payments and referral fees. If you are considering a referral arrangement or perhaps you already have an affiliate relationship in place, this is an important episode for you because there are certain considerations you need to keep in mind.

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Nicole Macdonald Nicole Macdonald

#164 What Small Business Owners Can Learn From the Movie Legally Blonde

Today, I’m talking about how business owners can find inspiration and fresh ideas from many sources - and sometimes totally unexpected ones! Now, you may never have expected to hear this one from me, but one surprising source of inspiration for business I've found is the movie Legally Blonde, starring Reese Witherspoon.

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Nicole Macdonald Nicole Macdonald

#163 This Business Statistic Will Blow Your Mind... Don't Let This Be You!

Did you know that the current small business failure rate is 36% above the average?

It’s the worst it’s been in 11 years and the estimate is that ten thousand businesses will close down this financial year.  As I’ve said many times, prevention is better than cure so I want to share the five biggest reasons behind these business closures and the steps you can take to reduce this risk.

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Nicole Macdonald Nicole Macdonald

#162 The $85K Reason To NOT Be A Business Ostrich

With never ending to-do lists, getting legal documents in order is a task that often gets buried under a pile of other demands. Unfortunately, this neglect leaves businesses completely exposed without a leg to stand on. Today, I’m sharing a real-life case study of one of my clients as a cautionary tale about the importance of proactive risk management. Unfortunately, this client discovered the costly consequences of overlooking her essential legal documents but with the right knowledge, you can avoid situations like hers, which are all too common.

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