ASIC v Web3 (Block Earner) – ASIC appeals to the High Court for crypto financial product clarity

Alongside ASIC’s subsequent appeal to the High Court against the Full Federal Court’s decision to dismiss ASIC’s appeal (which was granted special leave by the High Court on 4 September 2025), the Treasury Laws Amendment Bill 2025: Digital asset, and tokenised custody, platforms (the 2025 Digital Asset Bill) was released for consultation on 25 September 2025 following years of lead-up ideas for regulation of crypto investments within the Australian Financial Services Licensing (AFSL) framework.

The earlier Federal Court Judgment ASIC v Web3 Ventures Pty Ltd [2024] FCA 64 (FCA Judgment), which was overturned by the Appeal Judgment, contains a useful section on the ongoing “legal controversy” as to whether crypto is property or a…

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