Digital assets

Experts with deep experience advising clients working with digital assets or distributed ledger technology 

We have been advising digital assets market participants since the Australian digital assets industry began, including involvement in some of Australia’s first Initial Coin Offerings. 

Since then, our dedicated Digital Assets practice, led by Tim Edwards, has advised digital asset market participants ranging from start-ups to NASDAQ top-10 entities.  

Those clients include the operators of investment platforms, digital currency exchanges, issuers of digital assets, social media platforms, digital currency ATM operators, large and small accounting firms, entities involved with DeFi, TradFi or fintech generally, and a myriad of other businesses involved with distributed ledger technology (including smart contracts, NFTs and other DLT applications).

Our team includes thought leaders with a passion for the rapidly maturing digital assets industry, who are outspoken advocates for their clients and the industry more broadly and who engage on market issues with their clients, regulators and the entire digital assets ecosystem. 

“With HopgoodGanim, widely recognised as one of the leading law firms in Australia, we have the strength of a full-service firm, with Tim and the digital assets practice giving us the confidence to be a leader in our industry and continue to break new ground.” (Ryan McCall, CEO, Zerocap)

Experience

• Regulatory advice, including:
  • financial services law (e.g., classifying tokens, facilities, or offerings; AFSL rules)
  • payment regulations
  • fundraising regulation and ASX Listing Rules
  • AML/CTF compliance (including drafting programs and auditing them)
  • privacy and data security (including preventative advice and data breach intervention)
  • corporations or governance laws
• Drafting and negotiating contracts, including:
  • token sale or distribution agreements
  • fund or investment documentation (start-up financing, series financing and SAFE notes)
  • service or supply agreements
  • exchange listing agreements
  • referral or brokerage agreements
• Intellectual property advice
• Context-specific taxation advice
• Disputes, investigations and regulator engagement, including:
  • engagement with ASIC and AUSTRAC;
  • litigation in all Australian Courts;
  • mediation and other alternative dispute resolution; 
  • strategic advice.
• Insolvency advice:
  • where there is a solvency risk to the client; or
  • where engagement is required with an insolvent entity.

Industry participation

• Member of Blockchain Australia