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Brisbane Fraud Charge Lawyers

Fraud charges in Brisbane carry severe penalties and can be devastating to your personal and professional reputation. Whether you are facing allegations of corporate fraud, identity fraud, Centrelink fraud, Medicare fraud, or any form of dishonesty offence, you need a criminal lawyer who understands the complexity of fraud prosecutions and can mount a rigorous defence on your behalf.

At Hannay Criminal Defence, our Brisbane criminal lawyers have extensive experience defending fraud and dishonesty charges. We have represented professionals, company directors, public servants, and everyday Queenslanders facing fraud allegations, and we understand what it takes to protect your rights and your future. We don’t miss a trick.

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What Constitutes Fraud in Queensland?

Fraud in Queensland is governed by section 408C of the Criminal Code Act 1899 (Qld). The offence is broad and covers a wide range of dishonest conduct. A person commits fraud if they dishonestly apply property to their own use, obtain property from another person, induce another person to deliver property, gain a benefit or cause a detriment, or make off without paying for goods or services.

The concept of “property” is defined broadly under section 408C(3) and extends beyond physical items to include money, credit, services, benefits, advantages, and anything evidencing a right to incur a debt or recover a benefit. This means that fraud charges can arise from an enormous range of conduct.

The critical element is dishonesty. The prosecution must prove that your conduct was dishonest according to the standards of ordinary and reasonable people. If you had a genuine and honest claim of right over the property in question, this may constitute a complete defence.

Penalties for Fraud in Brisbane

The penalties for fraud in Queensland are tiered based on the circumstances and the amount involved:

Standard fraud under section 408C(1) carries a maximum penalty of 5 years imprisonment.

Aggravated fraud under section 408C(2) carries a maximum penalty of 14 years imprisonment where the offender is a director or officer of a corporation defrauding that corporation, the property was held subject to a trust or condition, the value is between $30,000 and $100,000, or the offender is an employer of the victim.

Serious aggravated fraud under section 408C(2A) carries a maximum penalty of 20 years imprisonment where the value of the property or the detriment caused is $100,000 or more.

These are significant penalties, and Brisbane courts take fraud matters extremely seriously — particularly where the offending involves a breach of trust, affects vulnerable people, or involves large sums.

Types of Fraud We Defend

Our Brisbane fraud charge lawyers defend the full spectrum of fraud and dishonesty offences, including:

Corporate and commercial fraud — directors and officers accused of misappropriating company funds, falsifying accounts, or engaging in dishonest business practices. These matters are often complex, document-heavy cases that require lawyers with the expertise to analyse financial records and corporate structures.

Identity fraud — using another person’s personal information for financial gain, including credit card fraud and online fraud.

Government benefit fraud — including Centrelink and Medicare fraud, which are often Commonwealth offences prosecuted under the Criminal Code Act 1995 (Cth).

Investment and financial fraud — including Ponzi schemes and boiler room scams and other forms of investment fraud.

White collar offences — a broad category that includes embezzlement, forgery, money laundering, and tax fraud.

Receiving or possessing tainted property — under section 7 of the Drugs Misuse Act 1986 (Qld) and section 433 of the Criminal Code, receiving property obtained through criminal activity.

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Defences to Fraud Charges

The availability of a defence depends entirely on the specific facts of your matter. Common defences our lawyers assess include:

Claim of right — if you held a genuine and honest belief that you were entitled to the property, this may constitute a complete defence to a fraud charge.

Lack of dishonesty — the prosecution must prove your conduct was objectively dishonest by the standards of ordinary people. If your conduct was not dishonest — even if it was irregular or careless — you may have a defence.

Mistake of fact — under section 24 of the Criminal Code, if you held an honest and reasonable but mistaken belief about a relevant fact, you may not be criminally responsible.

Challenging the evidence — fraud prosecutions often rely on extensive documentary evidence. Our lawyers meticulously examine the prosecution’s evidence for gaps, inconsistencies, and alternative explanations.

Why Choose Hannay Criminal Defence?

Fraud matters are among the most complex criminal cases. They often involve large volumes of financial records, expert evidence, and nuanced legal arguments. Our experienced criminal law team has the expertise and resources to handle even the most complex fraud prosecutions.

We provide specialist legal representation for professionals, public servants, police officers, and athletes — people whose careers and reputations are particularly vulnerable to the impact of fraud allegations.

We also defend fraud charges on the Gold Coast and in Sydney.

Frequently Asked Questions

Is fraud always dealt with in the District Court?

Not necessarily. While fraud is an indictable offence, less serious matters may be dealt with summarily in the Brisbane Magistrates Court. More serious matters, particularly those involving amounts over $30,000 or circumstances of aggravation, are typically dealt with in the Brisbane District Court.

Can I avoid a criminal record for a fraud charge?

In some cases, particularly where the amount involved is small and you have no prior criminal history, it may be possible to avoid having a conviction recorded. Our Brisbane fraud lawyers can advise on whether this may be achievable in your circumstances.

What should I do if I am under investigation for fraud?

Contact our lawyers immediately — before you speak to police or investigators. You have the right to legal advice and the right to remain silent. Early legal intervention can make a significant difference in the outcome of your matter.

Contact Our Brisbane Fraud Charge Lawyers Today

Best recommendation: talk to us now. Worst thing to do: do nothing.

If you are facing fraud charges or are under investigation for fraud in Brisbane, acting quickly is essential. Hannay Criminal Defence offers a free initial consultation.

Call our Brisbane office on (07) 3063 9799 or contact us online.

Our Brisbane office is located at Level 2, 331 George St, Brisbane QLD 4000.

This information is general in nature and does not constitute legal advice. Contact Hannay Criminal Defence for advice tailored to your situation.

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