Administration Australia Chose in action DeFi Derivative England and Wales Federal Court of Australia Financial Product Financial Service Hong Kong Insolvency Interim Orders Investment Facility Liquidation Managed Investment Scheme New South Wales Preservation of Assets Proceeds of Crime Property Proposed Regulation Receivers Singapore Summary Judgment Trusts Victoria
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Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3)
Federal Court of Australia, Financial Service, Interim Orders, Preservation of Assets, Property, ReceiversWhat’s the case about? Whether orders made by the Federal Court appointing receivers and preserving assets, in respect of businesses operating in blockchain mining, should be rescinded or set aside. Background The judgment of Justice Collier in Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3) [2024] FCA 822 considers an application…
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Australian Securities and Investments Commission v Web3 Ventures Pty Ltd
Australia, DeFi, Derivative, Federal Court of Australia, Financial Product, Financial Service, Investment Facility, Managed Investment Scheme, PropertyWhat’s the case about? Whether cryptocurrency lending products called “Earner” and “Access” offered by Web3 Ventures Pty Ltd were a managed investment scheme, a facility by which a person made a financial investment and/or a derivative for the purposes of the Corporations Act 2001 (Cth). Background In Australian Securities and Investments Commission v Web3…
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Re FTX Australia Pty Ltd (admin apptd) and FTX Express Pty Ltd (admin apptd)
What’s the case about? How voluntary administrators should treat customers of Australian companies involved in a global cryptocurrency trading platform for the purposes of the administration. Background In Re FTX Australia Pty Ltd (admin apptd) and FTX Express Pty Ltd (admin apptd) – Judicial Directions Application [2023] VSC 788, Her Honour Justice Matthews of the…
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Piroozzadeh v Persons Unknown
What’s the case about? Were there grounds to maintain an injunction made against a cryptocurrency exchange? Background In Piroozzadeh v Persons Unknown [2023] EWHC 1024 (Ch), the High Court of England and Wales considered an application by Binance Holdings Limited (Binance), a well known cryptocurrency exchange, to discharge an injunction which had been made against…
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ByBit Fintech Limited v Ho Kai Xin and others
What’s the case about? Is Tether “property” capable of being held on trust? Background In ByBit Fintech Limited v Ho Kai Xin and others [2023] SGHC 199, Justice Philip Jeyaretnam of the High Court of Singapore considered whether Tether (USDT) was property capable of being held on trust. The issue arose from an interesting set…
Proof of Case
© Richard Gardiner 2023
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