Australian Federal Court Dismisses ASIC Appeal, Favoring Crypto Lender Block Earner

The Federal Court of Australia has ruled in favor of crypto lender Block Earner, overturning a decision that it needed an Australian financial services license (AFSL) to offer its crypto-linked ‘Earner’ product.

The court has dismissed the financial regulator ASIC’s suit to impose penalties on the digital asset platform.

Per a Tuesday judgment, the court found that the discontinued ‘Earner’ product was a loan, not a managed investment scheme.

The Earner product was offered from March to November 2022, allowing customers to ‘loan’ specified crypto in return for interest paid at a fixed rate.

Block Earner wins appeal against ASIC, with the Full Court of the Federal Court finding it did not require an AFSL for its Earn product. #CryptoLaw https://t.co/MXLAAl8N3S pic.twitter.com/Nu8BjdTqQ1

The Australian Securities and Investments Commission (ASIC) initiated the case, alleging violations of corporation laws by both Block Earner’s ‘Access’ and ‘Earner’ products.

Per the announcement, the “ASIC is seeking declarations, injunctions, and pecuniary penalties from the Court.”

The Australian Federal Court issued a ruling in February 2024, imposing penalties over the ‘Earner’ product. According to Judge Ian Jackson’s order at the time, the products were deemed to require an AFSL license.

However, another ruling in June 2024 relieved Block Earner from paying a penalty in the local financial regulator’s legal action, as the crypto firm has “acted honestly and not carelessly when it offered the Earner product.”

The regulator believed that Block Earner should pay a penalty of as much as $350,000, the Tuesday judgement read.

Justices David O’Callaghan, Wendy Abraham and Catherine Button have dismissed the ASIC’s appeal made last year. Further, the trio had ordered ASIC to cover all legal costs from both the original trial and the appeal.

Per the regulator’s recent press release, ASIC noted that it is “considering this decision” of the Federal Court.

Despite the legal victory, Block Earner noted that it has no plans to re-launch its ‘Earner’ products for Australian customers.

Speaking to local media, Block Earner co-founder James Coombes said the Earner product was voluntarily closed in November 2022. Further, he stressed that there is no intention to reintroduce it.

“This case highlights the importance of ensuring regulations evolve alongside technology,” he said. “Without modernised guidance, Australia risks losing fintech innovation to offshore markets more supportive of responsible crypto entrepreneurship.”

Additionally, Block Earner co-founder Charlie Karaboga said that the ruling “brings closure to a long and difficult process.”

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