High Court of Australia backs regulator in Block Earner crypto case
Australia's highest court unanimously ruled that Block Earner's fixed-yield crypto product was a financial product, reinforcing ASIC's authority over digital asset platforms without needing new legislation.
Australia’s High Court just handed crypto regulators one of their biggest wins anywhere in the world. In a unanimous decision on June 17, the court ruled that Block Earner’s discontinued fixed-yield crypto product qualified as a financial product under the country’s existing Corporations Act, no new crypto-specific laws required.
The decision overturns a Full Federal Court ruling from April 2025 that had sided with Block Earner, and it sends a clear message to every platform offering yield on digital assets in Australia: if it walks like a financial product and quacks like a financial product, the regulator is coming for you.
What Block Earner was selling, and why it matters
Block Earner, formally known as Web3 Ventures Pty Ltd, operated a product called “Earner” that let users lend specified crypto assets in exchange for fixed returns. The rates were not subtle. Users could earn 7% on stablecoins like USDC and 4% on other eligible crypto assets.
The product ran from March to November 2022 before being voluntarily shut down. Block Earner did not hold an Australian Financial Services Licence (AFSL) at the time, which is the whole reason the Australian Securities and Investments Commission (ASIC) got involved.
The High Court found that the Earner product was a financial product on not one but two separate grounds. It qualified as a facility for making financial investments, and it qualified as a derivative.
The legal journey to get here was a winding one. ASIC first won at the Federal Court level in 2024. Block Earner successfully appealed to the Full Federal Court in April 2025, which reversed that decision. ASIC then sought special leave to appeal to the High Court, which was granted in September 2025. Oral arguments were heard on March 12, 2026, and the court delivered its ruling roughly three months later.
As part of the conditions for granting special leave, ASIC is required to cover Block Earner’s legal costs related to the High Court hearing. The case has now been sent back to the Full Federal Court, where penalty considerations will be determined.
The “tech-neutral” principle gets its biggest test
What makes this case particularly significant is what it says about Australia’s regulatory framework. ASIC did not need Parliament to pass a crypto-specific law. The regulator argued, and the High Court agreed, that the existing definition of “financial product” in the Corporations Act is tech-neutral enough to capture yield-generating crypto products.
Block Earner CEO Charlie Karaboga acknowledged the ruling but expressed disappointment. He emphasized that the Earner product was shut down back in 2022 and called for legislative reforms around how enforcement actions are handled.
What this means for crypto investors and platforms
The immediate practical consequence is that any platform operating in Australia and offering yield on crypto assets needs to seriously evaluate whether it requires an AFSL. The High Court’s reasoning, that fixed-yield crypto lending constitutes both a financial investment facility and a derivative, casts a wide net.
The penalty phase, now back before the Full Federal Court, will also be worth watching closely. If the penalties are relatively modest, given that the product was voluntarily discontinued, the deterrent effect may be limited. If they are substantial, it could chill innovation in the Australian crypto sector more broadly.