The Full Court of the Supreme Court of Tasmania has handed down a potentially influential judgment endorsing the view that Bitcoin is property and can be subject to the torts of conversion and detinue. In Poulton v Conrad [2025] TASFC 7, the Full Court endorsed the view (albeit obiter) that control over private keys is sufficient to establish that intangible property like Bitcoin can be ‘possessed’, and a third category of property for digital assets beyond choses in possession and choses in action.
Authors:
Steven Pettigrove, Partner
Email: spettigrove@piperalderman.com.au
Luke Higgins, Associate
Email: lkhiggins@piperalderman.com.au
Tahlia Kelly, Law Graduate
Email: tkelly@piperalderman.com.au
Emma Assaf, Law Clerk
Email: eassaf@piperalderman.com.au