Australian Securities and Investments Commission v. Web3 Ventures Pty Ltd ACN 655 090 869

Lower Court Judgment

24/04/2025 Federal Court of Australia (O’Callaghan, Abraham and Button JJ) 

[2025] FCAFC 58 

Catchwords

Corporations – financial services – where investors would ‘loan’ cryptocurrency to respondent in return for interest at a fixed rate – where investors’ cryptocurrency was mingled with respondent’s own cryptocurrency and invested for a higher return – where investors entitled to return of cryptocurrency converted to Australian dollars – Corporations Act 2001 (Cth) – whether a financial product because a facility through which a person ‘makes a financial investment’ within the meaning of s 763B – whether a ‘derivative’ as defined in s 761D – whether a derivative because an ‘arrangement’ within the meaning of s 761B