Cryptocurrency, once viewed as a hidden corner of the financial world where assets could be stored anonymously and beyond the reach of traditional authorities, is no longer inaccessible.
As digital assets become more mainstream, insolvency practitioners and Courts are becoming increasingly familiar with identifying, securing and recovering cryptocurrency. If a company owns digital currencies, those assets form part of the Company’s assets, and a liquidator may sell them for the benefit of creditors.
Is cryptocurrency “property”?
Yes, but the law in Australia isn’t fully settled yet.
In Re Blockchain Tech Pty Ltd [2024] VSC 690, a Liquidator applied under section 483(1) of the Corporations Act 2001 (Cth) to recover 36 Bitcoin said to have been transferred to a defendant under a bailment, together with an account for a further 25 Bitcoin transferred to an exchange. Attiwill J held that a person’s interest in Bitcoin is property, being a chose in action. That reasoning aligns with