Date published: 22 September 2025 | Author: Nina Rossi

As the circulation of cryptocurrency increases, questions are emerging about how the law treats it, especially in ownership disputes, contracts, and asset protection.

In New Zealand, courts have recently confirmed that cryptocurrency can be legally classified as property. That means it can be owned, transferred, used as security, and claimed in legal proceedings. While Australia hasn’t issued a definitive ruling, the legal reasoning used across the Tasman is highly persuasive and likely to influence outcomes here.

The implications are significant. If cryptocurrency is recognised as property under Australian law, it could be included in financial settlements, insolvency proceedings, business contracts, or asset protection strategies. The way crypto is stored, valued, or transferred would take on new legal weight. Further, this would solidify the tax office’s position that, as property, cryptocurrency is subject to treatment as an asset subject to capital gains tax.

For business owners and investors, it’s a timely reminder to treat digital assets seriously. If your business holds or accepts crypto, or if you hold it privately, consider how it fits into your legal and financial planning.

We are moving toward a future where digital value is treated like any other asset, and legal jurisdictions are starting to catch up.

It may be noted, however, that as of May 2025, a Victorian Magistrate in a criminal proceeding stated that Bitcoin should be treated as cash, not property, and thus, the ultimate decision and treatment are still pending. Contact Rossi Law today to get the clarity and advice you need to move forward, or explore our Business Law services to learn how we can support your compliance.

This blog is based on a video recorded by Rossi Law. It was first drafted with AI-assistance and reviewed by Rossi Law before publication. It provides general information only and is not legal advice. Please seek advice for your specific situation.