New Year’s resolutions for a stronger business in 2026: Legal edition

New Year’s resolutions don’t have to be extravagant or life-altering - though we’re not judging if this is finally the year you go bungee jumping. Sometimes, the best resolutions are the small ones you’ve been putting off: fixing the squeaky door, booking that appointment you keep putting off, or finally retrieving that thing hiding under your bed.

While you’re mapping out your personal goals, it’s worth giving your small business a little attention too. You don’t need a full makeover - a few quick, practical updates can help your business run more smoothly in 2026, reduce avoidable risk, and give you real peace of mind.

To make it easy, we’ve pulled together a list of common “missing” to-dos for small businesses. They won’t take long to tackle, but they can make a big difference over the year - especially when things get busy.

Make your client terms match how you actually work now

Most businesses don’t run into trouble because they have no contract at all. They run into trouble because the contract they have doesn’t match the way they currently deliver their services.

If your services have evolved, your pricing has changed, your turnaround times have tightened, or you’re taking on bigger projects than you used to, your documents should reflect that reality. Otherwise, you can end up relying on “common sense” and goodwill to fill in the gaps - and that’s fine until expectations drift or someone gets disappointed.

A clear set of service terms does a simple thing: it makes expectations obvious. It helps clients understand what they’re buying, what you need from them, how you handle changes, and what happens when timelines move. And if something goes sideways, it gives you a reference point for resolving things without an emotional back-and-forth.

This is also a good moment to check your standard terms through a “fairness” lens. Since 9 November 2023, proposing, using, or relying on unfair contract terms in standard form contracts is prohibited, and penalties can apply - including in standard form small business contracts. The safest approach is to keep terms commercially sensible, genuinely necessary to protect your business, and consistent with how you operate day-to-day.

Strengthen payment terms to protect cash flow (without changing your personality)

Cash flow is one of the biggest stressors for small business owners, and it’s rarely because the work isn’t good. It’s usually because payment expectations weren’t locked in early enough, or they weren’t communicated in a way that’s easy to rely on later.

Good payment terms aren’t about being harsh. They’re about setting a clear plan so nobody’s surprised. When your quote, invoice and contract all tell the same story about when payment is due, what triggers an invoice, and what happens if a payment is late, you reduce the chance of awkward “we thought it was later” conversations.

It also helps to remember that terms don’t work in isolation. Even sensible clauses can cause friction if they’re introduced too late or aren’t clearly incorporated into the engagement. The easiest wins are usually about alignment: the same payment expectations repeated consistently in the places your client actually reads and relies on.

If you ever find yourself doing great work but spending too much time chasing invoices, this is often one of the most worthwhile “admin tidy-ups” you can make.

Do a website legal tidy-up that reflects your business (and the law)

Your website is doing legal work whether you meant it to or not. It sets expectations, describes outcomes, and often includes policies about cancellations, refunds, delays, and what a customer can expect from your services. If that copy is out of date, too broad, or overly confident, it can create risk.

Under the Australian Consumer Law, businesses need to avoid misleading or deceptive conduct, and consumers have basic rights (including consumer guarantees for goods and services) that shouldn’t be misstated or “contracted out of” through blanket website statements. The ACCC has recently spotlighted this issue after sweeping more than 2,000 Australian retail websites and raising concerns about terms and returns policies that may mislead consumers about their rights.

Even if you’re not an online retailer, the lesson carries across: your marketing claims, service descriptions, and policies should match what you actually do and what you can realistically deliver. If a customer feels let down, your own wording is often the first place they’ll point to.

A good website tidy-up is mostly about accuracy and consistency. Your service pages should avoid overpromising. Your policies should reflect your real process. Your terms should sit comfortably with consumer law. And if you collect personal information, it’s worth making sure your privacy settings and policy match reality.

Get your contractor and IP paperwork into a “no surprises” state

If you use contractors or freelancers - designers, developers, photographers, copywriters, subcontractors - it’s worth checking that your paperwork matches the relationship and that ownership is clear.

The most common issue isn’t bad intent. It’s an assumption. You pay for work, you use it every day, and everyone feels fine… until you want to rebrand, reuse assets, switch suppliers, or sell the business. That’s when questions like “who owns this?” suddenly matter.

A simple contractor agreement and the right IP clauses help prevent awkwardness later. It clarifies expectations, makes sure the business can use what it’s paying for, and reduces the risk of disputes about reuse, handover, or ownership.

Have a simple dispute plan before you need one

Most disputes start small. A client is unhappy with a timeline. A deliverable lands differently than expected. Someone assumes something was included when it wasn’t. The businesses that handle this best aren’t the ones that argue hardest - they’re the ones that respond consistently.

A good dispute plan doesn’t need to be long. It should help you respond quickly and calmly, work out what the contract says, gather the facts, and propose a practical path forward. It also helps you avoid the “reply-in-the-moment” trap that can escalate a situation.

This is a natural place to think about contract review and contract amendment support. Disputes often reveal the exact clause (or missing clause) that would have prevented the issue in the first place. Updating your documents after a near-miss is one of the quiet ways businesses get stronger over time.

If you employ staff, do a light compliance reset for 2026

Workplace law has seen a steady run of changes over the last couple of years, and for small businesses the challenge is rarely understanding the theory - it’s keeping day-to-day practices aligned with what’s now required.

One change to be aware of going into 2026 is Baby Priya’s Law. The Fair Work Ombudsman explains that the Fair Work Act now prohibits an employer from refusing or cancelling employer-funded paid parental leave because a child is stillborn or dies, where the employee would otherwise have been entitled to that leave, and the stillbirth or death occurs on or after 7 November 2025. The law includes defined exceptions, and breaches can attract civil penalties.

We’ve covered this in more detail in our article, Baby Priya’s Law: New Fair Work Act Protections for Grieving Parents.

Another is the right to disconnect, which applies to employees of small business employers from 26 August 2025. It gives employees the right to refuse to monitor, read or reply to contact (or attempted contact) outside their working hours, unless doing so is unreasonable.

It’s also worth having wage compliance on the radar. From 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence (it doesn’t include honest mistakes), which makes a basic payroll and entitlements check a smart “start of year” habit if you employ staff.

And if you rely on casual staff, changes started on 26 August 2024 including a new definition of casual employee and changes to the pathway to permanent employment.

A compliance reset doesn’t have to be heavy. Done well, it’s simply making sure your contracts, policies, and payroll practices reflect how your workplace actually operates now - and that the people who manage staff have enough clarity to apply those rules consistently.

Key takeaways

• A contract refresh is often less about “more legal” and more about making your documents match how you deliver services today, while avoiding unfair contract terms in standard form contracts. 
• Clear payment terms can reduce invoice-chasing and protect cash flow, largely by setting expectations early and consistently.
• Website copy and policies can create consumer law risk if they overpromise or suggest consumers don’t have rights they actually do; the ACCC has recently focused on misleading terms and policies in website sweeps. 
• Contractor and IP paperwork helps make sure the business can use (and keep using) what it pays for, without nasty surprises later.
• A simple dispute plan helps you respond calmly and consistently, and contract reviews or amendments after a near-miss can prevent repeat problems.
• For employers, 2026 is a good time to check your settings against recent workplace law changes, including Baby Priya’s Law, the right to disconnect, criminalisation of intentional underpayment, and casual employment reforms. 

If you would like help making your small business legally ready for 2026, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.