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Fraud Lawyers Queensland
What is fraud in Queensland?
In Queensland, fraud is a criminal offence under Section 408C of the Criminal Code Act 1899 (Qld). It covers a wide range of dishonest conduct that typically involves receiving personal gain through deception, false representation or misuse of property.
Fraud doesn’t always involve large sums or complex schemes. Even what might seem like relatively minor dishonest acts – like using someone else’s credit card or misrepresenting details to Centrelink – can be classed as fraud, and can lead to serious legal consequences.
Put simply you could be charged with fraud if you intentionally act dishonestly to benefit yourself or someone else or to cause loss to another person.
Call us if you're facing a fraud charge
At Osborne Butler Lawyers, we’re experienced in defending all types of fraud charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
What actions can be considered fraud?
Fraud covers a broad spectrum of conduct in both personal and professional settings. Below are some of the most common types.
Misappropriation of funds
This involves taking or using money or assets that have been entrusted to you – such as from an employer, client account or business partner – for your own benefit.
Using false documents or identities
Creating or using fake documents (e.g. driver’s licences, bank statements, payslips) or impersonating another person to gain financial advantage can lead to serious fraud charges.
Falsifying records
Altering invoices, business records, time sheets or financial accounts to mislead others or obtain money dishonestly is a form of fraud – especially in employment or professional settings.
Credit card fraud
Using a stolen, lost or cloned credit card – or even knowingly using a card you don’t have permission to use – is treated as fraud under Queensland law.
Centrelink fraud
This includes under-reporting income, failing to declare changes in circumstances or knowingly providing false information to receive payments you’re not entitled to.
Business or employment fraud
What are the penalties for fraud in Queensland?
Factors that can increase a penalty for fraud
Factors that can increase a penalty for fraud include:
- Large sums of money being involved
- Abusing of a position of trust (e.g. an employee, lawyer or public official)
- The fraud being repeated or systematic
- The fraud being committed as part of an organised scheme.
What is aggravated fraud?
Aggravated fraud is a type of fraud that carries heavier penalties and a higher likelihood of a custodial sentence (i.e. imprisonment).
Fraud becomes aggravated fraud when it involves a director, trustee or employee committing fraud against their own employer, company or trust. It also becomes aggravated where the amount of the fraud is greater than $30,000.
For aggravated fraud the maximum sentence is generally 14 years imprisonment, compared with 10 years for fraud simpliciter. However, if aggravated fraud involves an amount of more than $100,000 the maximum sentence is 20 years imprisonment.
Defending a fraud charge
Every fraud case is different, and the right defence depends on the facts. Some common legal defences to fraud include:
- Lack of intent: the conduct was not deliberate
- Honest mistake: misunderstanding processes or entitlements
- No dishonesty proven: the actions weren’t dishonest by accepted community standards.
An experienced criminal defence lawyer may also:
- Challenge the evidence
- Seek to reduce or withdraw charges
- Negotiate with prosecutors to achieve an early resolution.
What should you do if you are charged with fraud?
Being charged with fraud can be confronting, and any steps you take (or don’t take) early on can make a major difference to the outcome.
You should seek immediate legal advice, especially before speaking to police or investigators.
Doing so can help you:
- Avoid self-incrimination
- Understand your bail conditions
- Preserve important evidence like emails, messages and financial records.
When should you contact a criminal defence lawyer?
We always recommend getting legal advice as soon as:
- You’re contacted by police or a government investigator
- You’re formally charged with fraud
- Allegations of dishonesty are raised at work or in a business context.
Early legal advice can shape how your case is charged, investigated and prosecuted, and may be critical in protecting your future.
Call us if you're facing a fraud charge
At Osborne Butler Lawyers, we’re experienced in all areas of Queensland criminal law. This includes defending fraud charges from isolated incidents to complex commercial allegations.
We know how to challenge the prosecution’s case, navigate financial evidence and protect your rights throughout the process.
Whether you’re being investigated or have already been charged, our team is here to support you.
Use the form below to ask us anything. We’ll respond in 24 hours.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
Fixed Price Costing
We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
Your Privacy Is Our Priority
You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
If you’ve been charged with fraud, contact Osborne Butler Lawyers now for expert legal advice and strong defence representation.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
