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Director Risk Management Advice – Task TwoResearch strategy support notesAfter the meeting, the Senior Associate requests that you conduct some research into the 'Safe Harbour' provisions in the Corporations Act 2001 (Cth) (Corporations Act) so that Ashurst can advise the director of Ship Quick Pty Ltd accordingly. Outline a research strategy and obtain a minimum of three pieces of commentary/journal articles on the operation of the Safe Harbour provisions under the Corporations Act.? Your research strategy should include the steps you would take to obtain the relevant information. Note that there is no perfect research strategy and the below answer is a guide only. There are a range of ways you may want to approach this research, which is likely to be informed by your existing knowledge of the area of law that you have been asked to research. GETTING THE BEST INFORMATION - COMPONENTS OF A GOOD RESEARCH STRATEGY The key thing to ensure you get the best results is to plan how you are going to research.A plan is as simple as:Becoming familiar with the issues you need to addressMaking a list of keywords and synonymsListing the resources you are going to searchKeep a record of where you searched and howPlanning saves you time, and ensures that you focus on what you need to answer.1. Becoming familiar with the issuesThink about the problem and understand the legal issues involved, not just the facts.Does the problem relate to a particular jurisdiction or a particular period in time?Do you have an understanding of the legal terms and phrases used in describing the problem or situation?2. Constructing a search using keywords, synonyms or words and phrasesWhen thinking about what keywords you can use to search an issue, you should think about synonyms and associated terms. This will be important to the overall success of your research strategy.With this task the keywords are: 'Safe harbour', 'Director' and 'Corporations Act'. 3. Constructing a search Legal research databases are not set up in the same way as Google and using search operators will help find precise results. Search operators connect words and/or symbols which affect how your search terms are dealt with by a database. Remember that different legal data bases may use different search operators and therefore may generate different results. Using a range of legal data bases can be a good way of ensuring you have sufficiently viewed the most relevant and available information.Some search operators include: 'And', 'Or', 'Within'. These are used to represent a relationship between two search terms.phrase searching is important to finding accurate results. You need to let the database know you are looking for a phrase, otherwise it will often assume you are looking for each word individuallyproximity can be used to increase the accuracy of your results. By bringing terms closer together within a document the chances of that document being relevant to your search increases.truncation can be a useful way of expanding your search to include results that contain the various endings that a particular word may have.brackets can come in handy to construct the search and group like terms together.Applying the above to your key terms, your searches could be:"safe harbour" AND "director!" "director protect!" AND "Safe Harbour" "safe harbour" w/p corporationsAfter finding some results, your search could evolve to also cover the specific provision of the Corporations Act relating to safe harbour, for example:"588GA" w/s "corporations act"4. List the resourcesThere is no such thing as a single legal manual, textbook or case that will answer all your questions. That is why there are different legal resources. Each resource has different features and content that it covers.Resources that would help answer this question include: Textbooks & commentary resourcesWhilst not necessarily the latest information on safe harbour, a textbook like Keay's Insolvency: Personal & Corporate Law and Practice would help you understand the general principles of safe harbour. Journal articlesSafe Harbour or Shipwreck? A Critical Analysis of the Proposed Safe Harbour for Insolvent Trading (2016) 34(7) C&SLJ 520; Reaching the safe harbour — an easy voyage for directors? (2017) 18(10) INSLB 224; and Insolvent trading — safe harbour is on the way but what should directors do today if faced with financial difficulty? (2017) 16(6) FSN 112.LegislationThe relevant provision is section 588GA of the Corporations Act. It is important to note that when viewing legislation on Austlii or any research database, the legislation may not be up to date. The most reliable way of finding current Federal legislation is to view the legislation on the Federal Register of Legislation (see link: ). Always ensure the Act is identified as "In force – Latest Version".WebsitesParliamentary materials (i.e. Hansard, Explanatory Memorandums)5. Record your searchesDocument all sources reviewed, including all sections and page numbers, regardless of whether you located relevant materials in them. This will help you later, when you write up your research and need to check points. ................
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