Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Obtaining a Financial Advantage

Obtaining a Financial Advantage is an offence under Section 135.2 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 12 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You engaged in conduct that caused you or another to obtain a financial advantage
  2. You knew or believed that you or the other was not eligible to receive that financial advantage, and
  3. The advantage was obtained from a Commonwealth entity

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Having a claim of right over the property, which means you genuinely believed you were legally entitled to it

What Our Clients Say SEE ALL

  • ★★★★★

    Communication was clear and professional

    Fahim Khan of Sydney Criminal Lawyers recently represented my partner. His communication was clear and…

  • ★★★★★

    Professional in his communication

    I am extremely grateful to Fahim Khan from Sydney Criminal Lawyers for his incredible dedication…

  • ★★★★★

    Guided me towards a positive outcome

    I got a better result that what I had anticipated, as my case was dismissed.…

  • ★★★★★

    Good experiences

    Good experiences, can recommend these guys!

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)