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
Bitcoin squeezes back above $80,000 — 110,000 traders liquidated as the hawkish Fed and CLARITY setback fail to hold it down; is $83,000 next?Bitcoin closed above $80,000 on Friday for the first time since September 7, and pushed to $81,299 over the weekend, triggering about $603 million of liquidations — $523 million of them shorts — across more than 110,000 traders. With the Fed's hike already priced and the SEC and CFTC advancing crypto rules after the CLARITY Act failed, here is what stands between BTC and the $83,000 gate.
Author  Suzie
11 hours ago
Bitcoin closed above $80,000 on Friday for the first time since September 7, and pushed to $81,299 over the weekend, triggering about $603 million of liquidations — $523 million of them shorts — across more than 110,000 traders. With the Fed's hike already priced and the SEC and CFTC advancing crypto rules after the CLARITY Act failed, here is what stands between BTC and the $83,000 gate.
placeholder
Gold ends three-week slide at the $4,400 line — eight straight days of ETF inflows vs a 5% 10-year and a 100 dollarSpot gold closed Friday at $4,378.39, up 0.84% on the day and about 0.8% for the week — its first weekly gain in four weeks — with the intraday high of $4,399.67 leaving it 33 cents shy of the $4,400 line. Gold ETFs have now logged eight straight sessions of inflows, but with the 10-year back above 5% and the dollar index near 100, here is what decides whether this is a reversal or a bounce.
Author  Suzie
11 hours ago
Spot gold closed Friday at $4,378.39, up 0.84% on the day and about 0.8% for the week — its first weekly gain in four weeks — with the intraday high of $4,399.67 leaving it 33 cents shy of the $4,400 line. Gold ETFs have now logged eight straight sessions of inflows, but with the 10-year back above 5% and the dollar index near 100, here is what decides whether this is a reversal or a bounce.
placeholder
Have Fed Rate Hike Headwinds Been Priced In? Gold Rebounds Strongly Toward $4,400, Poised for a New Rally As of the European session on September 18, gold prices (XAUUSD) extended Thursday's rebound, rising strongly in intraday trading to $4,399.75 today, just shy of the $4,400 psychological
Author  TradingKey
Sep 18, Fri
As of the European session on September 18, gold prices (XAUUSD) extended Thursday's rebound, rising strongly in intraday trading to $4,399.75 today, just shy of the $4,400 psychological
placeholder
US to delay new "overcapacity" tariffs on China — what the pause means for trade, inflation and the dollarWashington is expected to hold off announcing new tariffs over Chinese "overcapacity" until after the 24 September summit, according to Bloomberg. The postponed plan would have added 7.5% to Chinese goods, taking second-term US tariffs to around 20%. Here is what is on the table, and what a deal versus no deal would mean for the yuan, Hong Kong equities and the dollar.
Author  Mitrade
Sep 18, Fri
Washington is expected to hold off announcing new tariffs over Chinese "overcapacity" until after the 24 September summit, according to Bloomberg. The postponed plan would have added 7.5% to Chinese goods, taking second-term US tariffs to around 20%. Here is what is on the table, and what a deal versus no deal would mean for the yuan, Hong Kong equities and the dollar.
placeholder
Gold rebounds to near $4,350 on weaker US Dollar, falling oil pricesGold price (XAU/USD) rises to near $4,345 during the early Asian session on Friday. The precious metal rebounds from a six-week low amid falling oil prices and a weaker US Dollar (USD). Traders continue to assess the latest Federal Reserve (Fed) rate hike and policy cues.
Author  FXStreet
Sep 18, Fri
Gold price (XAU/USD) rises to near $4,345 during the early Asian session on Friday. The precious metal rebounds from a six-week low amid falling oil prices and a weaker US Dollar (USD). Traders continue to assess the latest Federal Reserve (Fed) rate hike and policy cues.
goTop
quote