Digital Assets

Expert Legal Solutions for a Rapidly Evolving Digital Economy

As digital assets continue to transform traditional finance and unlock new opportunities for innovation, they also bring with them a complex and fast-changing legal environment.

At Salerno Law, we are proud to be one of Australia’s most experienced legal teams in the digital asset space. From cryptocurrencies, tokenisation of real world assets and NFTs to blockchain-based platforms and emerging technologies, we provide cutting-edge legal solutions tailored to the needs of today’s digital economy.

We help clients navigate the complex legal landscape surrounding these assets, offering services like Digital Currency & Blockchain Regulation, Fintech Licensing & Compliance, Tokenisation of real world assets, Smart Contracts & Decentralised Finance (DeFi), Intellectual Property, Initial Coin Offerings (ICOs) & Token Sales, Estate Planning and Digital Asset Management and Working with Emerging Technologies

How we can help

At Salerno Law, we deliver legal solutions that keep pace with a fast-changing world. Our experienced legal team combines deep expertise with a practical, client-first mindset to deliver timely, accurate, and commercially-focused outcomes. With a presence across Australia and internationally, we offer seamless support no matter where our clients operate. By leveraging modern technology and a commitment to clear communication, we provide efficient, cost-effective legal services that never compromise on quality or results.

Cryptocurrency

Our firm offers comprehensive legal services for clients engaged in cryptocurrency. We advise individuals, businesses, exchanges, and investors...

Tokenisation of Real World Assets

Tokenisation of real-world assets—such as property contract, debt, art, commodities, and equity—to be digitally represented and traded on the block...

Regulatory (AFSL)

Understanding and complying with the Australian Financial Services Licence (AFSL) regime is crucial for businesses dealing with digital assets, as many...

AML & CTF

The rise of digital assets has brought increased regulatory focus on AML/CTF compliance. Australia’s AML/CTF regime, administered by AUSTRAC, applies to...

Smart Contracts & Structuringy

Smart contracts are essential to blockchain ecosystems, enabling automatic execution of agreements without intermediaries. While efficient...

Startups

We provide holistic legal support for startups operating in the digital asset, blockchain, and Web3 space. From formation to funding, we guide founders through the unique legal challenges...

Our Experience

  • Acted for Tri Underground Australia in a multimillion-dollar sale in a telecommunications company.
  • Acted in the share sale of a software company with offices in Australia and New Zealand to a Canadian IT business.
  • Assisted in the establishment of the 1300 Locate franchise system which included drafting the full suite of franchise documents and structuring of intellectual property.
  • Acted for seven franchisees of Dodo Telecommunications business in a group dispute against their franchisor, by issuing a Notice of Dispute and engaging in a mediation.
  • Intellectual Property in Fintech and Blockchain
  • Acted in the development of domestic and overseas bitcoin mining operations.
  • Assisted in the establishment of the TrigonX exchange.

Digital Services FAQ

Digital assets are broadly defined as anything that exists in a digital format and comes with a right of use, often including proof of ownership. This can encompass a wide range of assets, such as cryptocurrencies (e.g., Bitcoin, Ethereum), NFTs (Non-Fungible Tokens), tokenised real-world assets (e.g., real estate, art represented on a blockchain), and other blockchain-based records or data that hold value. Legally, their classification often depends on their specific characteristics and how they are used.

Australia's regulatory approach to cryptocurrencies and blockchain is evolving. While there isn't one single, overarching regulatory framework, various existing laws apply depending on the nature and use of the digital asset. This can include financial services laws (e.g., ASIC and AUSTRAC regulations for exchanges or financial products), consumer protection laws, and taxation laws. Digital currency exchanges, for instance, are regulated for anti-money laundering and counter-terrorism financing (AML/CTF) purposes by AUSTRAC.

Tokenisation involves representing ownership or rights to tangible (e.g., real estate, art) or intangible (e.g., intellectual property, shares) real-world assets on a blockchain as digital tokens. This can make assets more liquid, divisible, and easily transferable. Legally, it involves complex considerations around ownership rights, securities laws (as these tokens may be considered financial products), property law, and the enforceability of smart contracts underlying the tokenisation process.

NFTs are unique digital assets stored on a blockchain, often representing ownership of digital art, collectibles, or other unique items. While purchasing an NFT typically grants ownership of that specific token, it generally does not automatically transfer the underlying intellectual property (IP) rights (like copyright) to the buyer. The creator usually retains the IP, and buyers typically receive a license to display or use the NFT for personal purposes. Legal issues often arise concerning copyright infringement, trademark violations, and the scope of licenses associated with NFTs.

DeFi refers to a rapidly growing ecosystem of financial applications built on blockchain technology, operating without traditional intermediaries like banks. This includes decentralised lending, borrowing, trading, and insurance protocols, often governed by smart contracts. Legal challenges in DeFi include regulatory uncertainty (as it blurs lines with traditional finance), consumer protection issues, the enforceability of smart contracts, liability for code vulnerabilities, and jurisdictional complexities given its borderless nature.

Launching an ICO or token sale in Australia is subject to stringent legal requirements. The primary consideration is whether the token constitutes a "financial product" or "security" under the Corporations Act. If it does, strict disclosure obligations (like a prospectus), licensing requirements (e.g., Australian Financial Services (AFS) licence), and anti-money laundering (AML) laws apply. Early legal advice is crucial to determine the token's classification and ensure full regulatory compliance, avoiding potential penalties.

Smart contracts are self-executing agreements with the terms of the agreement directly written into lines of code on a blockchain. While the code executes automatically, their legal enforceability in Australia depends on whether they meet the fundamental requirements of a valid contract (offer, acceptance, consideration, intention to create legal relations, certainty). Challenges include interpretation of code vs. human intent, dispute resolution mechanisms, and jurisdiction for cross-border smart contracts. Australian law generally recognises the enforceability of contracts formed electronically.

Including digital assets in your estate plan is crucial given their unique nature. Your Will must specifically address your digital assets, identifying them and clearly stating who should inherit them. It's also vital to securely manage and communicate access information (e.g., wallet keys, passwords, seed phrases) to your executor or a trusted person, without compromising security. Specialist legal advice is needed to ensure your digital assets are discoverable, accessible, and legally transferrable upon your passing, avoiding them becoming "lost" forever.

Including digital assets in your estate plan is crucial given their unique nature. Your Will must specifically address your digital assets, identifying them and clearly stating who should inherit them. It's also vital to securely manage and communicate access information (e.g., wallet keys, passwords, seed phrases) to your executor or a trusted person, without compromising security. Specialist legal advice is needed to ensure your digital assets are discoverable, accessible, and legally transferrable upon your passing, avoiding them becoming "lost" forever.

We provide comprehensive advice on Fintech licensing and compliance. This includes determining whether your fintech business or digital asset offering requires an Australian Financial Services (AFS) licence or an Australian Credit Licence (ACL) from ASIC. We guide clients through the application process, advise on ongoing compliance obligations (e.g., responsible lending, disclosure requirements, client money rules), and assist with Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations under AUSTRAC. Our goal is to ensure your innovative services meet all necessary regulatory standards.

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Cryptocurrency

Our firm delivers tailored legal services to clients operating within the cryptocurrency space, including exchanges, investors, and fintech startups. We offer guidance on navigating Australian and international legal frameworks, including compliance with the Corporations Act, ASIC guidelines, AUSTRAC registration, and tax obligations.

We support clients in establishing digital currency exchanges, launching tokens, and integrating crypto into existing business models. Our legal team advises on licensing, structuring, consumer protection, and cybersecurity issues to ensure compliant and commercially viable operations.

Whether you're developing blockchain-based platforms, facing regulatory inquiries, or involved in crypto litigation, we provide responsive, strategic advice that evolves with the rapidly changing digital asset landscape.

Tokenisation of Real-World Assets

We assist clients in legally structuring tokenisation projects that digitise real-world assets such as property, art, equity, and commodities for blockchain-based trading. Our lawyers ensure your offering is compliant with Australian financial services laws and global securities regulations.

From choosing the right legal structure to drafting offer documents, whitepapers, and token terms, we provide end-to-end support tailored to your asset class and investor base. We also advise on managed investment schemes, licensing implications, and cross-border legal risk.

With deep expertise in financial regulation and blockchain, our team ensures your tokenised products are legally robust, transparent, and positioned for long-term success.

Regulatory (AFSL)

Our lawyers provide comprehensive legal support for businesses navigating the Australian Financial Services Licence (AFSL) regime. We assess whether your digital asset or service constitutes a financial product and guide you through the AFSL application or exemption process.

We assist in preparing compliance frameworks, liaising with ASIC, and supporting ongoing regulatory obligations. For those partnering with AFSL holders or acting as authorised representatives, we help structure commercial arrangements that meet regulatory expectations.

With extensive experience in financial services law and emerging digital products, our team ensures your operations remain compliant while enabling innovation and market growth.

AML/CTF Compliance

We help digital asset businesses meet their Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) obligations under Australia's AUSTRAC regime. Our services include AUSTRAC registration, program design, and legal advice on customer due diligence, transaction monitoring, and reporting duties.

We also advise on global standards such as the FATF Travel Rule and provide compliance training and audit preparation. Whether you're a new exchange or a scaling platform, we develop tailored compliance strategies that safeguard your reputation and regulatory standing.

In a high-risk and fast-moving sector, we embed legal rigour into your compliance function—supporting both operational resilience and investor confidence.

Smart Contracts & Structuring

Smart contracts are integral to blockchain ecosystems, but they require careful legal scrutiny. We review, draft, and advise on smart contract terms to ensure enforceability and reduce legal exposure across jurisdictions.

Our lawyers collaborate with developers and business teams to align technical implementations with legal intent. We also advise on the broader structuring of digital projects, including DAOs, token-based platforms, IP ownership, and liability protections.

From NFTs to DeFi platforms, we ensure your contracts and structures are robust, regulator-ready, and legally sound—supporting innovation without compromise.

Startups in Web3

We offer full-spectrum legal support to startups building in blockchain, crypto, and Web3. From incorporation and founder agreements to capital raising and token launches, we provide agile, startup-friendly legal solutions.

Our team helps ensure compliance with financial, privacy, and consumer laws, while also supporting contract drafting, IP protections, and investor readiness. We guide you through local and international structuring considerations, including offshore setups and governance models.

With deep industry insight and startup experience, we act as your legal partner—helping you move fast, build credibility, and stay compliant as you grow in an evolving regulatory space.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.