John Tivey

Partner, Melbourne

Biography

“He is able to see the true issues in discussion and picks up commercial issues very quickly.”
Chambers Asia-Pacific 2018

Overview

John Tivey is a Partner in the Firm's Energy, Infrastructure and Project Finance practice based in Melbourne and a mining and metals sector expert.

John has over 25 years' experience as a project development and M&A lawyer, working principally for sponsors and sponsor consortiums. He has advised sponsors on consortium arrangements, investment agreements with host governments (including fiscal stability arrangements), project development and cross border M&A transactions.

John has particular expertise in the energy and resources sector, including time as in house counsel. This enables him to deliver sector specific guidance and solutions to clients.

John has steered clients through project acquisitions and investment reviews across the globe, including in Australia, Papua New Guinea, Timor-Leste, India, Eritrea, Senegal, Zambia, Madagascar, the Democratic Republic of Congo, Mongolia, Peru, Brazil, the United States and Canada.

Bars and Courts
Registered Foreign Lawyer, The Law Society of Hong Kong
High Court of Australia
Supreme Court of Victoria
Supreme Court of New South Wales, Australia
Education
Master of Laws
Monash University
Bachelor of Laws
Monash University
Bachelor of Economics
Monash University
Languages
English

Experience

Representation of Arete Capital Partners, the mining private equity firm, on its acquisition of the Stawell gold mine from Canadian miner Kirkland Lake Gold.

Representation of a bidder for Freeport-McMoran's controlling stake in the Tier 1 Tenke Fungurame Copper Mine in the Democratic Republic of Congo.

Representation of Ciner on two transactions, including the acquisition of a controlling interest in the OCI Wyoming soda ash business.

Representation of a sovereign on a comprehensive rewrite of its mining law and regulation and associated fiscal regime.

Representation of a potential purchaser of a stake in a large Mongolian base metals project.

Representation of a global trading house on the potential acquisition of mine assets and related infrastructure access arrangements in Brazil.

Representation of the MMG Limited led consortium on the US$7 billion acquisition of the Las Bambas copper project in Peru from Glencore plc. This deal won "2015 Energy & Resources Deal of the Year" by ALB China Law, "2014 Global M&A Deal of the Year, Latin America/Peru" by American Lawyer, "2014 Deal of the Year" by China Business Law Journal and "2014 M&A Deal of the Year" by Latin Lawyer.

Representation of Zijin Mining Group Co. Ltd. (Gold Mountains (HK) International Mining Company Ltd.) as Hong Kong Counsel in relation to the US$298 million acquisition by Zijin Mining Group of a 50% interest in the Porgera Gold Project in Papua New Guinea from Barrick Gold Corporation.

Representation of a Chinese gold company on its potential acquisition of a strategic shareholding in a Russian gold company.

Representation of Indophil Resources on the acquisition of the Tampakan Copper project in the Republic of the Philippines and subsequent joint venture, operational and feasibility issues over the period from 2000 to 2014.

Speaking Engagements

"Mining & Metals Seminar", October 2017: White & Case, Moscow

"Las Bambas case study and the current China outbound investment mining environment", April 2016: Kangaroo Mining Club, Hong Kong

"Sector spotlight: Mining and metals", June 2016: Debtwire Asia Pacific Distressed Debt Forum, Hong Kong

"Opportunities for investors in a distressed mining and metals environment", March 2016: IMARC, Melbourne

"Attracting investment best practice and resource nationalism", IMARC, Melbourne: IMARC, Melbourne

"Mining Journal Mining M&A Webinar", January 2015: Mining Journal, Hong Kong

"How can Mining Companies in Latin America attract further investment from Asia and new investment from the Middle East?", October 2014: Mining & Investment Latin America, Lima

"Asian investment in mining in Africa and Latin America", October 2014: Annual Conference of the Internal Bar Association, Tokyo

"The Great Divide in Risk Appetite Across the Mining & Metals Sector", October 2014: White & Case, London

"Assessing the Drivers Behind Chinese and Asian investment into Latin America", November 2013: Mining & Investment Latin America, Lima

"Chinese Investment in Mining and Metals in Africa", March 2013: Standard Chartered Bank Access Africa, Beijing

"Mining: New Challenges and Opportunities", October 2012: White & Case, London

Publications

Building a sustainable battery supply chain: Is blockchain the solution?, White & Case, June 2018

Raising the global bar for security clearance of cross-border transactions, White & Case, May 2018

Battery supply chain: A unique growth opportunity, White & Case, April 2018

Outlook for mining in Africa, Mining Journal, February 2018

Mining & Metals 2018: Full speed ahead?, White & Case, February 2018

The pressure continues: Lazy capital no more, White & Case, May 2017

National security reviews 2017: A global perspective — Australia, White & Case, November 2017

New Indonesian Regulation on Mining Divestment Process, White & Case, April 2017

Changes in non-refined mineral export and divestment policies in Indonesian Mining, White & Case, January 2017

Mining & Metals 2017: A tentative return to form, White & Case, January 2017

Digging deeper: Chinese cross-border mining M&A steals the spotlight, White & Case, September 2016

Awards and Recognition

Band 2 and Notable Practitioner, Chambers Asia-Pacific, 2015-2018
Energy & Natural Resources (International Firms) – China

Leading Individual, The Legal 500 Asia Pacific, 2016-2018
Projects & Energy – Hong Kong

Notable Practitioner, Chambers Asia-Pacific, 2015-2018
Energy & Natural Resources – Asia Pacific Region

Recommended Lawyer: Projects & Energy, The Legal 500 Hong Kong, 2014

Recommended Lawyer: Projects, Energy & Natural Resources, Mining & Metals, The Legal 500 UK, 2014

Leading Lawyer, Chambers Asia-Pacific 2014, Chambers Global 2015
Energy & Natural Resources – Asia-Pacific Region

Leading Lawyer, Chambers Asia-Pacific 2014, Chambers Global 2015
Energy & Natural Resources (International Firms) – China

Leading Lawyer, Chambers Asia-Pacific 2014
Energy & Natural Resources: Mining – China