‘Bankrupt’ barrister Sam Di Carlo in race against time to get legal licence back

A “bankrupt” barrister previously convicted of contempt and with past links to disgraced former Ipswich mayor Paul Pisasale, has copped a damning assessment from the Bar Association in a hearing as he tries to get his practising licence back.

Barrister Sam Di Carlo. Picture: Liam Kidston

A “bankrupt” barrister previously convicted of contempt and with past links to disgraced former Ipswich mayor Paul Pisasale, is fighting to get his legal licence back, as he prepares to defend himself in a criminal trial early next year.

Sam Di Carlo’s practising certificate was suspended by the Queensland Bar Association on August 28 after it deemed him “not a fit and proper person”.

In a Queensland Civil and Administrative Tribunal hearing this week, Mr Di Carlo – who has been a barrister for 33 years – applied to put the decision to revoke his licence on hold.

Barrister Hamish Clift, acting for the Bar Association in the hearing, gave a scathing assessment of Mr Di Carlo’s situation.

“Mr Di Carlo is a bankrupt barrister who has failed to pay any substantial tax in recent years, who has been previously convicted of contempt, who has unresolved disciplinary charges, and who has repeatedly failed to make appropriate disclosures to the association,” he said.

“The failures to disclose are very serious, and there is no satisfactory explanation in my submission.

“The entry into bankruptcy … is serious; the glib response to enforcement proceedings is perhaps less serious, but nevertheless still serious; and the response to the enforcement hearing itself and failure to provide documents and sworn evidence in time is also serious.”

Di Carlo’s barrister Terry O’Gorman, from the firm Robertson O’Gorman, argued that pausing the suspension of his client’s practising certificate would allow him to earn an income to fund his criminal defence and pay back creditors related to his declaration of bankruptcy.

“He is in the unusual position of needing income to defend himself in criminal proceedings that are to take place in February,” Mr O’Gorman said.

Di Carlo’s barrister Terry O’Gorman. Photo Steve Pohlner

“Of course, no inference can be drawn from him facing these charges, because he is presumed innocent until found otherwise, but he is required to defend himself.

“While his brothers have been able to loan him money towards legal fees in the past, that was always on the understanding that that money would be repaid to them.

“If Mr Di Carlo is unable to practise as a barrister, he is unsure they would be willing to continue to pay the legal fees on his behalf.”

Mr Di Carlo is facing a criminal jury trial in the District Court on a single charge of giving or offering a benefit to a public officer, and two counts of perjury.

He has one of the state’s top criminal defence barristers, Saul Holt, preparing his defence ahead of February’s trial.

Mr O’Gorman emphasised that none of the disciplinary issues against Mr Di Carlo related to “the quality of the legal services he provides to the public”.

Mr O’Gorman further argued that Mr Di Carlo’s current clients would be significantly impacted if the suspension of his practising certificate stood

“You have a barrister who is somewhat unusual in the way his practice is conducted … commonly communication would come from a solicitor to a barrister regarding a potential client, and the barrister would then either accept or decline the brief,” he said.

“What we have here is potential clients contact him directly and then he says he is able to act, but tells them to go and see a solicitor first.

“He has intimate knowledge of a lot of these matters, in a way that is the reverse of the normal – often the solicitors would have the intricate knowledge of the background and the facts, but here it is Mr Di Carlo.”

Sam DiCarlo is facing a criminal jury trial in the District Court on a single charge of giving or offering a benefit to a public officer, and two counts of perjury. Picture: NCA NewsWire/Tertius Pickard

Queensland Civil and Administrative Tribunal president Justice Kerri Mellifont will give her ruling on Mr Di Carlo’s stay application at a later date.

Mr Di Carlo famously came to the defence of Paul Pisasale, when the disgraced former Ipswich mayor was found carrying $50,000 in cash by federal police at a Melbourne airport.

Mr Di Carlo came out publicly the next day saying Mr Pisasale was carrying the money on his behalf and it was for a settlement agreement for a Chinese client of Mr Di Carlo’s.

In 2017, Mr Di Carlo was hauled before the Brisbane Supreme Court and fined $4000 for a contemptuous remark he made to a magistrate.

While representing a client in a bail application, he accused Brisbane Magistrate John Costello of being cranky and said: “And that’s why you don’t do things according to law.”

Originally published as ‘Bankrupt’ barrister Sam Di Carlo in race against time to get legal licence back