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ARTICLE · 08 SEPTEMBER 2025

Decoding Tokenisation: Taking Security In Australia Over Digital Tokens

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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In the expanding digital economy, tokenisation is set to transform how we interact with assets by creating digital representations of real-world assets on distributed ledgers.

AustraliaTechnology

In the expanding digital economy, tokenisation is set to transform how we interact with assets by creating digital representations of real-world assets on distributed ledgers. This promises to enhance efficiency, transparency and liquidity across various markets. With estimates projecting that tokenisation of real-world assets will reach US$18.9 trillion by 2033, token holders will want to leverage the value latent in those tokens for debt. In response, Lenders will need to understand how to effectively perfect a security interest in these assets under relevant secured transactions law.

Nature of digital tokens: representation, issuance and maintenance

Digital tokens are fungible or non-fungible packets of data that represent a share of an asset (e.g. fractional ownership of real estate) or a set of permissions, rights (e.g. the right to a discount for goods or services on an online platform) or claims (e.g. electronic representation of debt) held by the

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