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Eric Fethers

Partner
+61.8.9216.0922
Fax +61.8.9216.0901

Mr. Fethers is a corporate lawyer with extensive experience including equity capital markets, mining and oil and gas matters, and mergers and acquisitions. His current clients include both Australian Securities Exchange (ASX) listed investment funds and private companies predominantly in the mining and oil and gas sectors and agricultural industry.

In addition to advising his clients on equity capital markets and mergers and acquisition transactions (including project acquisitions and divestments), he regularly advises his clients on corporate governance matters, regulatory matters (including ASX Listing Rules and Corporations Act) and a range of exploration, mining and oil and gas agreements, including joint ventures, farm-in agreements, off-take agreements, royalty agreements and mineral streaming agreements. Eric has extensive experience in cross border transactions, in particular in transactions relating to mining and oil and gas projects in Africa and Latin America.

Professional Background

Mr. Fethers was previously a partner at a large national Australian law firm. He has worked as a lawyer in Perth since his admission to practice other than for a period of two years when he worked as an in-house legal counsel for ExxonMobil in London.

Achievements

  • Mr. Fethers was selected for inclusion and recognised in the Best Lawyers lists in Mergers and Acquisitions law in 2014, 2015, 2016, 2017, 2018 and 2019.
  • Mr. Fethers was selected for inclusion and recognised in the Best Lawyers lists in Mining Law in 2015, 2016, 2017, 2018 and 2019.
  • Mr. Fethers was selected for inclusion and recognised in the Best Lawyers lists in Equity Capital Markets law in 2016, 2017, 2018 and 2019.
  • Mr. Fethers was selected for inclusion and recognised in the Best Lawyers lists in Natural Resources law in 2018 and 2019.

Professional/Civic Activities

  • Non-executive director of Bizlink from 2006 - 2018, a non-for-profit Disability Employment Network service
  • Australia-Africa Business Council member
  • Australian Mining and Petroleum Lawyers Association member

Speaking Engagements

  • "Anti-Bribery Issues in African Mining Projects", Legal Update Boardroom Radio interview, 28 August, 2013
  • "Investing in Africa" , Networking Western Australia event, June 20, 2012"
  • "Offshore ventures in mining and resources", Legalwise seminar, Perth, June 14, 2012
  • "Deal making in Africa", Australia Africa Business Council event, November 17, 2011
  • Advising Karoon Gas Australia Limited in its sale of Browse Basin assets to Origin Energy Limited for US$800 million.
  • Advising Blackham Resources Limited on its AUD7.9 million acquisition of the Wiluna Gold Project from the receivers and managers of Apex Minerals NL.
  • Advising Blackham Resources on its offtake agreements with Osisko.
  • Advising Blackham Resources on its split commodity agreement with Salt Lake Potash Limited.
  • Advising Blackham Resources on farm-in by A-Cap Resources into Blackham's Wiluna Nickel Cobalt Project (AUD10.8 million).
  • Advising on sale of privately owned business to carsales.com Limited.
  • Advising First Australian Farmland (a European sovereign wealth fund) on its acquisition of Lactanz Dairies in Western Australia for an undisclosed amount.
  • Advising Waratah International (Asia) Limited on its AUD45 million takeover of ASX-listed Amex Resources Limited.
  • Advising an ASX-listed client on its proposed AIM listing – pulled at an advanced stage.
  • Advising Karoon Gas Australia Limited on its AUD88.4 million disposal of oil and gas assets to Apache Northwest.
  • Advising Pilbara Minerals Limited on the AUD8 million acquisition of the Dakota Minerals Lynas Find Lithium Project.
  • Advising StateOne as arranger and retail manager of the IPO and ASX listing of Glennon Small Companies Limited; as lead manager of the IPO and ASX listing of pharmaceutical company, Recce Limited; and as lead manager of a public offer in connection with the back door listing of BARD1 Life Sciences into Eurogold Limited.
  • Advising Parmelia Resources on the back door ASX-listing of predictive software company Veriluma and associated capital raising.
  • Advising US-based Agrifos Partners LLC on the sale of its phosphate project in Senegal to Minemakers Limited (now named Avenira Limited).
  • Advising US-based Agrifos Partners LLC on its Bridge Loan and partial underwriting of Avenira Limited's AUD13 million entitlement offer.
  • Advising RIVI Capital (San Francisco) on gold streaming financing of the Spring Hill Gold Mine in the Northern Territory.
  • Advising RIVI Capital (San Francisco) on gold stream financing of a private Australia company acquisition and development of mineral properties and treatment plant in Queensland.
  • Advising RIVI Capital (San Francisco) on gold stream financing of NQ Mineral Inc's acquisition and development of the Hellyer Gold Mine in Tasmania.
  • Advising Otto Energy Limited on its AUD20 million multi-well staged farm-in to the U.S. assets of Byron Energy Limited.
  • Advising an ASX-listed client on its proposed AUD200 million accelerated rights issue and placement – pulled on proposed launch date.
  • Advising Rox Resources on the sale of its interest in the Reward Zinc-Lead project for AUD19.5 million.
  • Advising Rox Resources on its proposed AUD14.2 million sale of the Reward Zinc Project in the Northern Territory.
  • Acting for Beadell Resources Ltd on its AUD25 million underwritten institutional placement to qualified and sophisticated institutional investors.
  • Advising Beadell Resources Limited on its US$53 million acquisition of the Tucano gold project in Amapa State Brazil and associated US$57 million capital raising.
  • Advising Beadell Resources Limited on the sale of its Amapa Iron Ore Royalty in Brazil for AUD31.25 million.
  • Advising Beadell Resources Limited on its AUD42 million capital raising by way of a private placement.
  • Advising Beadell Resources Limited on its joint operating and off-take arrangements with iron ore miner Anglo Ferrous Amapa.
  • Advising Beadell Resources Limited on its AUD10 million raising by way of a convertible note.
  • Advising Beadell Resources on its AUD50 million capital raising by private placement.
  • Advising the liquidators of the Great Southern Group (Ferrier Hodgson) on the AUD415 million sale of the forestry assets of Great Southern Group by the receivers and liquidators.
  • Advising the liquidators of GBS Gold Australia Pty Ltd (Ferrier Hodgson) on the AUD51 million sale of the Burnside Gold and Base Metals Project and Tom’s Gully Gold Project in the Northern Territory.
  • Advising on the sale of significant coking and thermal coal tenements in the Uzgen coal basin in Kyrgyzstan to Celsius Coal Limited.
  • Advising Apex Minerals NL on its AUD60.5 million debt raising by the issue of senior secured notes, warrants and gold upside participation notes.
  • Advising Energy and Minerals Australia Limited (now Vimy Resources Limited) including its AUD14 million raisings by way of convertible notes.
  • We acted for Blackham Resources Limited on its recapitalisation. This comprised a refinancing of its term loan with Orion Fund JV Limited via a secured $14.3 million loan facility with its key mining contractor, MACA Limited, rescheduling of amounts due to its principal contractors, and a fully underwritten $36 million renounceable rights issue, which included sub-underwriting from both Orion and MACA.
  • Advising private investors of the City Farmers chain of retail pet and garden supply stores (including purchaser’s capitalisation and debt financing) and subsequent acquisition of a complementary national franchise business.
  • Advising TSX listed GBS Gold International Inc. on its project financing of CAD46 million by the issue of secured notes and the refinancing of its secured notes.
  • Advising iiNet Limited on its AUD110 million acquisition of Ozemail from MCI Worldcom including associated capital raising and debt raising.
  • Advising iiNet Limited on its AUD78 million acquisition of iHug New Zealand including associated capital raising.
  • Advising Energy and Minerals Australia Limited, Ampella Mining Limited, Catalyst Metals Limited, Redstone Resources Limited and Karoon Gas Australia Limited on their initial public offerings and ASX listings.
  • Advising TSX listed GBS Gold International Inc on its successful takeovers of ASX listed Terra Gold Mining Limited (AUD50 million) and Northern Gold NL (AUD50 million).