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Treat an unexpected crypto liquidation as a time-sensitive financial dispute. Preserve the complete trading record, obtain the platform’s written calculation and contractual basis, complain to the provider’s dispute team, verify the exact legal entity and product in ASIC’s registers, and escalate to the Australian Financial Complaints Authority (AFCA) only if the firm is a member and your complaint is eligible. Report suspected unlicensed or misleading conduct to ASIC, but do not assume a report guarantees compensation.
Act in the first 24–48 hours
Market data, app screens and support records can change quickly. Create a read-only evidence file before deleting, editing or consolidating anything.
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- Export the account data. Download the position, order, fill, funding, fee, collateral and liquidation histories. Save account statements and CSV files in their original form.
- Capture the liquidation screen. Screenshot the notice, margin dashboard, chart, mark or index price, timestamps, displayed collateral and any outage or maintenance message. Record the time zone used by the app and by your own records.
- Preserve communications. Keep emails, SMS messages, push notifications, support tickets and chat transcripts. Save the exact URL or PDF version of the leveraged-product terms that applied when you opened the position.
- Build a chronology. List when the position was opened, collateral was added or withdrawn, a margin warning appeared, the position was closed, fees were charged and the market later moved. Do not alter the original files; work from copies when adding notes.
- Pause irreversible decisions. Do not send additional collateral or sign a release until the calculation and contractual basis are clear. This is a practical precaution, not a conclusion that adding collateral is always unlawful or ineffective.
Ask the platform for a precise explanation
Send a dated written complaint to the provider’s internal dispute-resolution team. Ask the firm to identify the Australian legal entity with which you contracted, rather than replying only with a trading brand or app name.
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- The liquidation trigger, including the margin percentage or maintenance requirement used.
- The price source: market price, mark price, index, valuation feed or another method.
- The precise timestamps, time zone and order-book or pricing data used.
- Opening collateral, borrowed amount, fees, funding, interest, other positions and how collateral was allocated.
- The full liquidation calculation, every fee or penalty, and any deficit the firm says remains payable.
- Records showing what margin-call or liquidation notice was sent, when it was sent and through which channel.
- The entity’s Australian Financial Complaints Authority membership and the firm’s internal-dispute-resolution reference number.
State the remedy you seek, such as correction of an erroneous liquidation, reversal of an incorrectly charged fee or a written explanation supported by source data. Attach a short evidence index so an investigator can locate each file.
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Why leveraged positions can be closed
There is no universal liquidation percentage for crypto products. The trigger depends on the contract and the platform’s calculation of position value, collateral, outstanding borrowing, fees and the price used for risk checks. A price that appears safe on a public chart may not be the value used by the platform’s risk engine.
A published Australian example
Independent Reserve’s published terms illustrate the mechanics. They describe margin percentage as current position value minus outstanding loan and fees, divided by current open-position value. Those terms state that a margin call is reached at or below 15%; below 10% is the mandatory-liquidation level; and the exchange may close a position at its discretion. They also warn that market conditions can produce losses greater than the contributed collateral and that a remaining deficit can still be payable.
Use that example as a comparison method, not as a rule for another platform. Check your own agreement’s threshold, collateral allocation, price source, fees, timestamps and notice provisions. A later price recovery does not by itself prove that the earlier closure breached the contract: the position may have crossed the agreed trigger before recovering.
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Contractual closure versus an error
| Possible explanation | Questions to test it | Evidence that matters |
|---|---|---|
| Contractual liquidation | Was the stated threshold reached using the agreed price and fee method? | Terms version, mark or index history, collateral ledger, borrowing and fee calculations, notice logs |
| Operational error | Was the price stale, misapplied or calculated from the wrong account or position? | Platform timestamps, independent market records, screenshots, order and fill exports, outage notices |
| Failure to follow the agreement | Did the provider skip a required notice or use a power broader than the written clause? | Notice settings, message delivery records, contract wording and support correspondence |
| Misleading disclosure | Did advertising or onboarding describe leverage, triggers or protections inaccurately? | Archived product pages, promotional messages, risk disclosures and the account-opening flow |
| Unlicensed provision | Was the entity authorised for this financial product in Australia? | ASIC register results, legal-entity details, product description and the provider’s licence claims |
Check whether the provider and product were authorised
ASIC says entities providing financial services involving products such as derivatives, options, futures and leveraged tokens generally need an Australian financial-services licence or an Australian market licence. ASIC has reported complaints about significant losses, outages and unfair liquidations on unlicensed platforms and warns that dealing with a licensed entity can provide protections unavailable with an unlicensed provider.
Search ASIC’s Professional Registers using the exact Australian legal entity and then check whether the authorisation covers the product you traded. A brand name, app-store listing or overseas registration is not enough. AUSTRAC registration is an anti-money-laundering registration; it does not, by itself, show that a business is licensed to provide leveraged financial products.
What the ASIC Bitget alert illustrates
ASIC’s alert about Bitget distinguishes AUSTRAC registration from an Australian financial-services licence. It warns that unlicensed Australian investors may lack internal-dispute-resolution and client-money protections. The alert also contrasts ASIC’s 2:1 leverage limit for certain crypto-asset derivative products with advertising of leverage up to 125:1 on the product it examined. Those figures apply to the regulatory and product circumstances described in that alert, not automatically to every crypto contract.
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Why the legal entity matters
One app can present several companies, domains or regional entities. The company named in your terms, account statements and payment records determines which regulator, complaint scheme and court may have jurisdiction. Save those identity details before the provider changes its website or migrates accounts.
Escalate through the right channel
1. Complete internal dispute resolution
Give the provider a concise chronology, your evidence index and a specific remedy. Keep proof of delivery and the complaint reference. Ask for a written response that answers each calculation question rather than a generic statement that the position was “automatically liquidated.”
2. Consider AFCA
AFCA describes its service as free, fair and independent and asks consumers to try the firm first. Its investments-complaint scope includes an inappropriate margin-call notice or investment liquidation. You can lodge a complaint when the provider is an AFCA member and the matter falls within AFCA’s eligibility rules. Include the internal-dispute-response, account evidence, terms and the outcome you want.
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AFCA membership is not established merely because a company operates in Australia. Confirm membership for the contracting legal entity. If the firm is outside the scheme, AFCA may be unable to investigate even if the conduct affected an Australian resident.
3. Report suspected breaches to ASIC
Report suspected unlicensed financial-product activity, misleading conduct or systemic problems to ASIC and retain the same evidence file. A regulatory report can assist enforcement or warnings, but it is not a private compensation order and does not decide whether your individual liquidation should be reversed.
4. Obtain independent legal advice where necessary
If a large deficit is claimed, assets are frozen, a release is demanded or the provider disputes the records, consult an Australian solicitor experienced in financial-services disputes. Ask the solicitor to assess the contracting entity, governing law, limitation periods, licence status and available forum before sending a settlement proposal.
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Regulatory developments that put margin products in context
ASIC’s Kraken/Bit Trade proceedings show why crypto margin arrangements cannot automatically be treated as ordinary spot trading. The Federal Court found that a national-currency margin extension was a credit facility and that Bit Trade had offered it without a target-market determination from 5 October 2021. That finding concerns the product and conduct in that case; it does not make every liquidation unlawful.
“This is a significant outcome for ASIC involving a major global crypto firm. We initiated proceedings to send a message to the crypto industry that we will continue to scrutinise products to ensure they comply with regulatory obligations in order to protect consumers.” — ASIC Deputy Chair Sarah Court
The practical implication is to analyse the product’s legal design and distribution, not just the exchange’s trading interface. Leverage, credit, derivatives and token-linked contracts can trigger obligations that differ from those for unleveraged spot purchases.
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Common mistakes that weaken a liquidation dispute
- Relying on the candle chart alone. Risk engines may use a mark or index price that differs from the last traded price shown on a public chart.
- Ignoring fees and funding. Borrowing costs, funding, interest and liquidation fees can reduce margin even when the asset price has barely moved.
- Submitting edited screenshots. Cropped or annotated images can raise authenticity questions. Keep originals and provide annotations separately.
- Complaining only through live chat. A dated email or web-form submission to the formal dispute team creates a clearer record.
- Assuming a warning was required. Some contracts permit immediate liquidation once a threshold is reached; others describe notices or cure periods. The written clause controls the analysis.
- Confusing registration with licensing. AUSTRAC registration does not establish authorisation for leveraged financial products.
- Promising yourself a refund before checking eligibility. Compensation depends on the legal entity, contract version, account records, market data, AFCA status and the facts of the closure.
Evidence-file template
Use a folder with an unmodified originals subfolder and a working copy. Name files with an ISO date, time zone and description, then keep a simple index.
| File group | Examples | Purpose |
|---|---|---|
| Account records | Statements, CSV exports, wallet and collateral ledgers | Reconstruct balances, borrowing and allocations |
| Trade records | Orders, fills, funding, fees and liquidation events | Verify execution and charges |
| Price evidence | Mark or index displays, charts, outage notices and independent market timestamps | Test the price source and timing |
| Contract documents | Terms, risk disclosure, product page and version date | Identify triggers, discretion, notice and deficit clauses |
| Communications | Emails, SMS, push alerts, tickets and chat transcripts | Show warnings, explanations and responses |
| Chronology | A dated event list with time zones | Let a reviewer follow the dispute without guessing |
What outcome can you realistically seek?
Your written complaint can request a corrected liquidation, fee reversal, restoration of an incorrectly closed position where technically possible, or a transparent explanation supported by records. AFCA may provide an external dispute process when its jurisdiction and eligibility rules are met. ASIC may investigate or warn about broader conduct. Court proceedings or negotiated legal action may be available in other cases.
None of these routes guarantees recovery. Entitlement cannot be determined without the named platform, contracting entity, exact terms version, account evidence, relevant market data and the provider’s AFCA status. Treat every proposed settlement or release as a legal document and obtain advice before signing if the amount is material.
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