Australian court rules in favor of crypto lender, dismissing ASIC’s appeal

Source Cryptopolitan

The Australian Full Federal Court dismissed an appeal from the Australian Securities and Investments Commission (ASIC), which failed in its attempt to punish Block Earner for its previously offered “Earner” product, marking one of the biggest pro-crypto wins in recent times.

ASIC argued that the features of the Earner product made it a financial product under Australian law that required a license. However, the Court found the product could not meet the legal definitions required to deem it as such.

ASIC said in a brief public note it is “considering this decision.” The regulator has yet to venture the matter by the High Court.

The ruling is a setback for ASIC, which has ramped up its oversight of cryptocurrency products and platforms in Australia.

Court declares Block Earner offered loans, not investments

ASIC commenced proceedings against Block Earner on the first of November 2022 — the start of the legal saga.

Central to the case was whether the Earner product operated as a conventional investment scheme — which would need to be tightly regulated — or whether it was just a loan agreement between Block Earner and its customers.

The Court reasoned that the product was structured as a plain loan. Customers signed agreements to lend their crypto assets to Block Earner for a fixed return.

Crucially, there was no pooling of customer assets. The agreement for each customer was separate. Customers also had no interest in Block Earner’s broader business operations or performance aside from earning the agreed interest.

The court also held that the structure was not a managed investment scheme.

The ruling stated that the product details were clear and that the customers’ rights were fixed and contractual, not dependent on the performance of a pooled investment. This distinction was central to exonerating Block Earner of any wrongdoing.

Block Earner celebrates court ruling but rules out reviving product

In response to the win, the leadership at Block Earner celebrated the decision as a win for innovation and regulatory clarity.

Block Earner’s chief executive and co-founder, Charlie Karaboga, said, “From the outset, we sought to ensure that our modern product suite could fit into a less-modern regulatory environment.”

Block Earner’s chief commercial officer, James Coombes, agreed that clearer treatment of crypto assets would allow companies to build new financial products responsibly.

Coombes said that the more crypto assets were treated like existing asset classes, the easier it would be for businesses to innovate.

Even though the ruling was in its favor, Block Earner said it has no intention of bringing the Earner product back to market.

A spokesman for Block Earner said they were focused on the future and that the ruling freed them to continue building compliant, innovative solutions for Australians seeking safe and secure access to digital finance.

The case has wider implications for Australia’s burgeoning crypto economy. According to Block Earner, an estimated four million Australians have been exposed to cryptocurrencies, whether directly or via investment platforms.

Legal experts say the ruling could shape how other crypto companies structure and promote products to comply with Australia’s financial regulations.

It also indicates that courts might take a more nuanced approach when looking at traditional finance laws used for blockchain-real services until new, digital asset-oriented regulations come on stream.

Cryptopolitan Academy: Tired of market swings? Learn how DeFi can help you build steady passive income. Register Now

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
U.S. Q3 Earnings Season Nears Close as Investors Eye Dell, HP Results.U.S. October PCE Price Index Released【The week ahead】TradingKey - Last week, concerns over an AI bubble, coupled with fading expectations for Federal Reserve rate cuts, triggered a broad sell-off in U.S. equities. The tech-heavy Nasdaq Composite (.IXIC.
Author  TradingKey
7 hours ago
TradingKey - Last week, concerns over an AI bubble, coupled with fading expectations for Federal Reserve rate cuts, triggered a broad sell-off in U.S. equities. The tech-heavy Nasdaq Composite (.IXIC.
placeholder
Top 3 Price Prediction: Bitcoin, Ethereum, Ripple – BTC, ETH and XRP Attempt Recovery Post-SelloffBitcoin trades back above $87,700 after a 20% drop, while Ethereum rebounds from support around $2,749 and XRP recovers above $2.08 off its $1.96 floor, as BTC, ETH and XRP all try to turn last week’s steep correction into the start of a broader recovery.
Author  Mitrade
11 hours ago
Bitcoin trades back above $87,700 after a 20% drop, while Ethereum rebounds from support around $2,749 and XRP recovers above $2.08 off its $1.96 floor, as BTC, ETH and XRP all try to turn last week’s steep correction into the start of a broader recovery.
placeholder
2025 Black Friday is coming! Which stocks may see volatility?Coming on the day right after Thanksgiving in the United States, Back Friday marks the start of the holiday shopping season. Sales data from this shopping frenzy day reflects investor confidence and consumer trends. The National Retail Federation (NRF) predicts that holiday season (Nov and Dec) retail sales in 2025 will likely exceed $1 trillion for the very first time, which represents a year-over-year increase of 3.7 to 4.2 percent. Historic data from the past decade show that the retail sector has generally outperformed the S&P 500 during the weeks before and after Black Friday. The following retailing companies are expected to be big winners:
Author  Insights
12 hours ago
Coming on the day right after Thanksgiving in the United States, Back Friday marks the start of the holiday shopping season. Sales data from this shopping frenzy day reflects investor confidence and consumer trends. The National Retail Federation (NRF) predicts that holiday season (Nov and Dec) retail sales in 2025 will likely exceed $1 trillion for the very first time, which represents a year-over-year increase of 3.7 to 4.2 percent. Historic data from the past decade show that the retail sector has generally outperformed the S&P 500 during the weeks before and after Black Friday. The following retailing companies are expected to be big winners:
placeholder
Bitcoin Volatility Spikes: Is Options-Driven Pricing Making a Comeback?Bitcoin's volatility is surging, suggesting a shift back to options-driven price action seen before Bitcoin ETFs were launched.
Author  Mitrade
14 hours ago
Bitcoin's volatility is surging, suggesting a shift back to options-driven price action seen before Bitcoin ETFs were launched.
placeholder
USD/JPY gathers strength to near 156.50 on mixed Fed signals The USD/JPY pair posts modest gains near 156.50 during the early Asian session on Monday. Less dovish Federal Reserve (Fed) expectations could provide some support to the US Dollar (USD) against the Japanese Yen (JPY).
Author  FXStreet
15 hours ago
The USD/JPY pair posts modest gains near 156.50 during the early Asian session on Monday. Less dovish Federal Reserve (Fed) expectations could provide some support to the US Dollar (USD) against the Japanese Yen (JPY).
goTop
quote