Subject: Company Law

MODULE : FUNDRAISING - DEBENTURES AND SHARES AND DIVIDENDS

Question:

ATT Ltd, a biopharmaceutical company, has lodged a prospectus with ASIC intending to raise $100 million from investors. The aim of capital raising is to allow the company to develop its range of research and development products. In the companys prospectus ATT Ltd has provided for forecast earnings/losses for the next three years as follows: $15 million loss, $25 million loss and $10 million profit. ATT Ltd is expecting a profit in the third year of listing on the ASX. The earnings forecast is based on the company expecting to complete development of a blockbuster breast cancer drug from its research and development activities. However, preliminary results from a clinical trial reveal the breast cancer drug has not shown conclusive results. The results from the clinical trial have not been disclosed in the prospectus. (a) Advise whether ATT Ltd is in breach of any of its Ch 6D disclosure obligations. (b) Advise what ATT Ltd could do to rectify the omission if required to do so under Ch 6D. 2 (c) What possible remedies could investors have if they have relied on ATTs prospectus to purchase securities in the company? (d) Would ATT Ltd be required to disclose in the prospectus the results from the clinical trials if the results were positive and likely to be effective in the treatment of breast cancer?