Valuing, Transacting and Contracting with Digital Assets

Digital assets offer great potential but come with complex legal challenges. Explore the legal frameworks of data sharing, storage and privacy aspects of blockchain and NFTs plus insights gained from Federal Court decisions Examine smart contracts including the issues with AI in automated legal agreements. Navigate key tax considerations relating to transacting with digital assets and the approaches and implications of valuing and valuations of these assets. Gain clarity on managing risks when dealing with technolgy and digital assets including insolvency, disputes and litigation risks.

Thursday, 20 March 2025
Description

Attend and earn 4 CPD units including: 
3 units in Substantive Law 
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Chair:

Nelda Turnbull, Special Counsel, King & Wood Mallesons

10.00am to 10.50am Automating Legal Agreements and Data and AI Authenticity

 

  • Smart Contracts v Smart Legal Contracts
  • Smart legal contracts as property
  • Data collection: issues and key focus areas
  • Smart legal contracts and AI Agents  

Presented by James Myint, Managing Partner, Stirling & Rose

10.50am to 11.05am Morning Tea
Professional Skills
11.05am to 12.15pm Valuing Digital Assets in Legal Disputes

 

  • Approaches to valuing digital assets such as cryptocurrencies, NFTs and other blockchain-based assets
  • Legal considerations and methodologies for business valuations in the context of mergers, acquisitions and disputes
  • The impact of valuation on legal outcomes and dispute resolution
  • Valuation reports and compliance with relevant standards and professional requirements 

Presented by Fiona Hansen, Senior Managing Director, Head of Valuations Advisory, FTI Consulting Australia

Professional Skills
12.15pm to 1.15pm Minimising the Risks of Technology in Practice: What Does This Exactly Mean?

 

  • Identifying and managing risks and aligning with your client's business strategy
  • Asset distribution, disputes and crypto custodian insolvency
  • The role of cybersecurity and data governance
  • Best practices for leveraging intangible assets to enhance business impact and enterprise value 

Presented by Steven Pettigrove, Partner, Piper Alderman; Legal 500 Asia Pacific 2024: Australia – Rising Star for Fintech and Financial Services Regulatory

9.00am to 10.00am Transaction Crypto Assets: A Changing Landscape

 

  • ASIC cases: Some wins and some losses
    • Is ASIC trying to put a square peg in a round hole by trying stretch the Corporations Law to unrealistically cover all types of Digital asset transactions and DeFi operations?
      • ASIC v. Web3 Ventures
      • ASIC v. Finder Wallet
      • ASIC v. BPS Financial Pty Ltd 
      • ASIC v. NGS Pty Ltd
      • ASIC v. Bit Trade Pty Ltd (Kraken)
  • Update to Info Sheet 225: What does it mean for 2025 in digital asset trading
    • A leopard cannot change its spots, which means that ASIC appears to want to use the Courts to advance its interpretation of the Corporations Law
    • ASIC has tried to explain its position but has left a lot out which means the digital asset market is still left wondering what to do
  • Custodial services and how ASIC Regulatory Guidance 133 will impact the digital asset commercial environment 

Presented by Dr. Adrian McCullagh, Principal, ODMOB Lawyers; Ph D in IT security; Research Fellow at the Law Futures Center at Griffith University; Member of the Standards Australia Technical Committee on Blockchain

Presenters


Nelda Turnbull, Special Counsel, King & Wood Malleson
Nelda is a finance lawyer with over 20 years' experience. Her practice focuses on asset finance, structured finance, fund finance, financial regulation and derivatives. Her experience includes advice on virtual assets and tokenisation including structuring platforms and virtual assets as well as related licensing issues to both banks and exchanges. Nelda also has experience in carbon markets including setting up a carbon trading platform, carbon trading derivatives documentation and preparing and advising on prepayment arrangements and financing documentation for carbon interests. Prior to joining KWM, Nelda worked for international law firms in Sydney and South Africa for many years. She also worked at National Australia Bank (NAB) supporting the markets, transaction banking and payments businesses in the corporate and institutional bank of NAB.


Dr. Adrian McCullagh, Principal, ODMOB Lawyers
Adrian has degrees in Computer Science and Law as well as a Ph.D. in IT Security. He obtained his Ph.D. from the Information Security Research Centre at the Queensland University of Technology. He has been practicing in IT law for more than 30 years being one of the pioneer IT lawyers within Australia. He is a member of the Queensland Law Society and a member of the American Bar Association and participate in the Information Security Forum. In 1999 he was the QUT Faculty of Information Technology Alumnus of the year. He is a member of the Intellectual Property and Information Technology Committee for the Queensland Law Society. Adrian’s current research interests include Telecoms security, IT security, IT governance, cryptocurrencies, Blockchain and its uses in supply chain management, Decentralised Autonomous Organisations and Identity Management. He is also investigating the impact of autonomous vehicles and machine learning and their policy considerations.


Fiona Hansen, Senior Managing Director, Head of Valuations Advisory, FTI Consulting Australia
Fiona is a Senior Managing Director and leads FTI Consulting’s Valuation Advisory practice in Australia. She has over 28 years' experience in corporate finance and business valuations having held senior roles in the Big 4 accounting firms working in Australia, Europe and South Africa. Fiona specialises in valuations of businesses, intangible assets, equity and debt instruments, executive options, impairment testing and independent experts reports. She has prepared numerous valuation reports for a range of purposes, including mergers and acquisitions, accounting, taxation, stamp duty, Corporations Act and ASX requirements. Fiona’s valuation reports comply with the relevant standards or professional requirements. They are succinct, easy to read and give clients confidence in the final outcome. Fiona has also undertaken numerous corporate finance assignments involving mergers and acquisitions, divestments and financial due diligence.


James Myint, Managing Partner, Stirling & Rose
James was the Australian Head of a major international law firm’s Digital Law practice and a founding member of an international law firm’s market-leading restructuring practice. James leads Stirling & Rose’s finance and restructuring practice, with significant local and global experience in high complexity ‘first of their kind’ transactions with a cross-jurisdictional focus, working in New York, Tokyo and Sydney. James advises major companies, funds, investors, financial institutions and blockchain platforms, specialising in Smart Legal Contracts, CBDCs, DeFi, digital investments and novel financings. James specialises in smart legal contracts, CBDCs and digital investments and financing.


Steven Pettigrove, Partner, Piper Alderman
Steven advises on financial services and fintech, specialising in digital assets regulation and disputes. With 14 years of experience as a start-up founder and litigation specialist, he represents leading financial institutions, fintechs, and venture capital firms. Steven combines commercial, legal, and entrepreneurial skills to help clients navigate regulatory complexities and achieve commercial outcomes. His expertise spans commercial contracts, corporate law, and various regulatory investigations involving ASIC, the DOJ, and other international bodies. He has acted on litigation in the UK Supreme Court and the Hong Kong and Australian Courts, as well as advising on arbitration and investment treaty disputes. Previously trained at a Magic Circle law firm in London, Steven has also run a Delaware Public Benefit Corporation and is admitted to practice in Australia, Hong Kong, and England & Wales.

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Valuing, Transacting and Contracting with Digital Assets

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Single Session
Thursday, 20 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4.75
$505.00
$353.50
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