Crypto in Court: Litigation, Evidence, and the Battle for Digital Assets

Cryptocurrency disputes are rapidly reshaping litigation practice in Australia, as courts, regulators, and practitioners grapple with the legal status, tracing challenges, and evidentiary complexities of digital assets. From fraud and insolvency to regulatory enforcement and family law property disputes, blockchain-based assets now feature across a wide range of contested proceedings.

This advanced session provides a practical framework for navigating cryptocurrency litigation across civil, criminal, regulatory, insolvency, and family law contexts. It explores how digital assets are treated under Australian law, the procedural tools used to secure and trace assets—such as freezing orders and preliminary discovery—and the pivotal role of blockchain forensic evidence. Participants will gain strategic insight into how courts assess expert testimony, how tracing is conducted across distributed ledgers, and how litigation strategy must adapt to the technical realities of Web3 and digital finance disputes.

Key Topics Discussed:

• Rise of cryptocurrency disputes in Australian litigation and enforcement
• Legal classification and treatment of digital assets under Australian law
• Tracing and ownership disputes across blockchain networks
• Fraud, scam recovery, and asset recovery strategies involving crypto
• Insolvency and bankruptcy issues involving digital assets
• Criminal enforcement and money laundering cases involving cryptocurrency
• Family law property disputes involving digital asset division
• Regulatory enforcement actions and compliance breaches
• Freezing orders, injunctions, and preliminary discovery applications
• Role and methodology of blockchain forensic experts
• Evidentiary treatment of expert reports under Australian rules
• Challenging and defending blockchain tracing evidence in court
• Cross-border enforcement and jurisdictional challenges in crypto disputes
• Emerging issues in DeFi, Web3, and token-based assets