Jingyi & Chao (No 7) [2025] FedCFamC1F 184 (20 March 2025)

C PTY LTD ACN (and others named in the Schedule)

1. Up to and including 4.00 pm on 24 March 2025 the first respondent husband ("husband") is restrained by way of injunction from accessing any other electronic device for the purpose of accessing and cryptocurrency app, exchange and/or wallet in his name and/or associated with the husband.
2. The husband is restrained by way of injunction from accessing any other electronic device for the purpose of accessing and cryptocurrency app, exchange and/or wallet in his name and/or associated with the husband.
3. Pursuant to Rule 5.16 (1) of the Federal Circuit and Family Court of Australia (Family Law) Rules (2021) Cth, Mr NN ("the Trustee") shall be appointed as trustee of any Cryptocurrency tokens (or part thereof) held by the husband.
4. That the husband shall, within 2.5 hours of these orders, disclose to the trustee:

(a) All wallet IDs and wallet addresses associated with his cryptocurrency holdings.

(b) Any passwords, private keys, or recovery phrases required to access the cryptocurrency wallets or any associated exchange accounts. If two-factor authentication (2FA) is enabled for any cryptocurrency wallets or exchanges, the first respondent shall provide any available backup or recovery codes.

(c) If the 2FA method relies on a mobile authenticator app (e.g., Google Authenticator) or SMS verification linked to the respondent's device, the first respondent shall cooperate in facilitating access as required, without being required to surrender the physical device;

(d) the details of all cryptocurrency exchanges, platforms, or applications where he holds, trades, or transfers cryptocurrency together with all relevant usernames, passwords and log in details required to access the said exchange, platform or app and complete the transaction/s required to give effect to these Orders.

1. That, in the event that the husband holds a 'cold wallet', the husband shall, within 1 hour of the making of these Orders, deliver to the trustee the hardware device holding the cryptocurrency wallet and/or cryptocurrency tokens owned by the husband and any relevant disclosed details to enable the trustee to access the cold wallet.
2. The proceedings are stood over for resumed final hearing before the Honourable Justice Aldridge at 10.00 am on 24 March 2025.
3. The husband is to file and serve by no later than 9.30 am on 24 March 2025 an affidavit detailing and specifying any ownership by him of cryptocurrency or similar blockchain property over the last four months together with details of any dealings with such cryptocurrency or blockchain currency.
4. Costs from the hearing on 20 March 2025 are reserved.
5. The application for costs filed on 19 March 2025 are stood over to 10.00 am on 24 March 2025.

1. The wife has proffered an Undertaking as to Damages in support of the injunctive relief she seeks, which the Court accepts.

1. the wife is to file an Undertaking as to Damages in the usual terms by no later than 10.00 am on 21 March 2025.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonyms Jingyi & Chao have been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These proceedings have a long history in the Court and involved originally both parenting and property issues. The trial of all issues was listed to commence on 24 February 2025. The parties by consent resolved their parenting dispute through consent orders made on 26 February 2025.
2. The balance of the financial issues however were unable to proceed to determination by reason of the fact that it was disclosed to the Court only on 25 February 2025 that the fifth respondent had been placed in receivership in November 2024.
3. The balance of the proceedings were stood over for mention to 20 March 2025. On 19 March 2025 the applicant wife ("wife") filed an urgent Application in a Proceeding seeking in the first instance ex parte relief in the nature of asset preservation orders in relation to a cryptocurrency holding said to have been owned or dealt with by the first respondent husband ("husband").
4. The affidavit material in support raised a prima facie case that the husband had failed to disclose the cryptocurrency holding which according to the evidence available as at 20 March 2025 suggested it might be worth in excess of USD2,000,000.
5. The wife claims as part of her final relief a repayment of $650,000 from the husband and contends that the only source of potential repayment within the Commonwealth of Australia would be the cryptocurrency holding said to be owned by the husband.
6. The matter was listed urgently before me on 20 March 2025 when counsel appeared representing the first to fourth respondents and a solicitor for the receiver of the fifth respondent. The receiver indicated to the Court that the cross-claim currently on foot by the fifth respondent against the wife will be proceeded with by the receiver and it is likely that the fifth respondent will join with the representation currently on the record for the first to fourth respondents.
7. Otherwise, in light of the fact there was another parenting trial proceeding before me I made in the first instance orders in accordance with an Application in a Proceeding for which the wife was given leave to file in Court in respect of paragraphs 5.2 and 5.3 up to and including 2.15 pm on 20 March 2025 in order to give an opportunity to the husband and his representatives to consider the material.
8. No agreement was reached between the parties between 10.00 am and 2.15 pm other than for the husband to indicate in a broad sense he might be prepared to accede to some sort of restraint if possible for the Court to list the balance of the issues for final hearing on 24 March 2025 before another judge of this Court.
9. In those circumstances it is open to me to make such order as I consider proper to preserve the position between 20 March 2025 and 24 March 2025.
10. In those circumstances I am satisfied that the balance of convenience favours the making of orders as sought by the wife for a short period of time.
11. I note that one order sought by the wife is the surrender by the husband of his mobile phone and any other electronic devices to his solicitor for safekeeping.
12. I am persuaded that this order is too broad even for a short period of time in circumstances where mobile phones are plainly devices by which people conduct their ordinary daily lives and compelling a surrender of that phone even for a short period of time is potentially too onerous.
13. Otherwise however I am satisfied that orders should be made for restraints to be placed upon the husband preventing him from accessing electronic devices for the purpose of dealing with cryptocurrency and appointing a trustee pursuant to r 5.16 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) after the provision by the husband of necessary details.
14. Accordingly I make orders in light of the urgent nature of this application and the brief time in which the court has been able to consider it.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Harper.