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Eric Fethers

Partner
+61.8.9216.0922
Fax +61.8.9216.0901
Mr. Fethers has experience in fundraising, securities, mining and resources, and mergers and acquisitions. His current clients include, both Australian Securities Exchange (ASX) listed and private companies predominantly in the mining and oil and gas sectors and construction services industry.

In addition to advising his clients on fundraising, securities, and mergers and acquisition transactions, including project acquisitions and divestments, he regularly advises his clients on the negotiation of a range of exploration, mining and oil and gas agreements, including joint ventures, farm-in agreements, option agreements, ore marketing agreements, off-take agreements and mining project, construction and engineering agreements. He has extensive experience in cross border transactions, in particular mining 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 and prior to that he worked in-house for two years at ExxonMobil in London.

Achievements

  • Mr. Fethers was selected for inclusion and recognised as one of Australia’s leading mergers and acquisitions law and mining law lawyers in the Best Lawyers lists for 2014 and 2015
  • Mr Fethers has been recognised in the Australian Financial Review's 2016 Best Lawyers for both mergers and acquisitions law and mining law

Professional/Civic Activities

  • Non-executive director of Bizlink, 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.
  • 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. Subsequent advice for Beadell Resources Limited including advising on the sale of its Amapa Iron Ore Royalty in Brazil for AUD31.25 million, advising on its AUD42 million capital raising by way of a private placement, advising on its joint operating and off-take arrangements with iron ore miner Anglo Ferrous Amapa, advising on its AUD10 million raising by way of a convertible note.
  • 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 on its corporate restructure, initial public offering and ASX listing (AUD100 million market capital on ASX listing). Subsequent advice for Energy and Minerals Australia Limited including its AUD14 million raisings by way of convertible notes.
  • 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 CAD$46 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; and on its AUD78 million acquisition of iHug New Zealand including associated capital raising; and on its AUD78 million acquisition of iHug New Zealand including associated capital raising.
  • Advising 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).