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.
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
Dale Rayner, Partner at King & Wood Mallesons
- 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
- 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
- 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
- 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)
- 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?
- 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.
- Tax implications of transacting with cryptocurrencies, NFTs, and other digital assets
- The Australian Taxation Office’s (ATO) stance on digital assets and compliance requirements
- Strategies for managing crypto tax for investors, businesses, and self-managed super funds (SMSFs)
- Latest developments in crypto tax software and automation for professionals
Presented by Maryna Kovalenko, Director, Kova Tax; Co-Founder, ₿ Crypto Tax
Presenters
Dale Rayner, Partner at King & Wood Mallesons.
Dale is a finance lawyer with over 20 years’ experience in asset and structured finance, capital markets and derivatives. He also has strong expertise in financial services regulatory compliance, AML/CTF issues, AFSL requirements, applications and exemptions and in the assessment of structures for regulatory issues/relief. He also advises on structures in relation to platforms, financing, and regulatory issues for the trading and finance of many different asset types including equipment, transport assets, digital assets, financial and tokenised assets (eg stable coins, carbon credits, derivative interests). Dale advised a number of participants in the recent RBA CBDC pilot and continues to work on the development of stable coins for banks and private sector clients. Dale is listed in AFR’s Best Lawyers 2023 for Structured Finance Law, Banking and Finance Law, Debt Capital Markets Law, Financial Institutions Law, Regulatory Practice, Equipment Finance, Derivatives and Asset Finance Law. He is ranked in Chambers for Asset Finance and Leasing. He was also AFR's Best Lawyers "Lawyer of the Year" for Financial Institutions in 2018, for Derivatives in 2021 and 2023 and Asset Finance in 2022.
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.
Maryna Kovalenko, Director, Kova Tax
Maryna who is the Tax Co-Founder @ Kova Tax, is a Chartered Tax Adviser and the member of the Institute of Public Accountants with extensive experience in accounting, audit, and tax. Maryna has a passion for cryptocurrency and has specialised in crypto tax over the last four years. Maryna empowers Kova Tax to be Australia's tech-driven accounting firm, building a better digital world for investors, businesses, and SMSFs in the cryptocurrency sector. With her latest venture, Syla, Maryna is now solving crypto tax for investors and professionals through software and automation. She is inspiring more professionals to make the leap into the blockchain world.
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.