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…
