Barrister Sam Di Carlo apologises to court as he fights licence suspension

A high-profile barrister who has allegedly not paid tax on more than $1 million worth of earnings over the past three years has apologised for his ‘stupidity’ as he fights to reclaim his licence to practice law.

Sam Di Carlo arriving at Supreme Court of Queensland, Brisbane. Picture: Liam Kidston

A Queensland barrister fighting to reclaim his practising licence has apologised during a court hearing that heard he had not paid tax on more than a million dollars of earnings from the past three years.

Veteran barrister Sam Di Carlo is fighting to get his licence restored after it was suspended on August 28 by the Queensland Bar Association.

He read out an apology before a Queensland Civil and Administrative Tribunal on Thursday, after making an application to overturn the QBA’s decision.

“I find myself at this age having done some things over the last six or seven years I can’t sort of really explain except grievous stupidity or not thinking about things very carefully,” Mr Di Carlo said.

“I don’t know why – it has been a very difficult time for me since August 2017 when I was charged with those offences.”

The QBA has accused Mr Di Carlo, who has since declared bankruptcy, of multiple failures, including failing to pay any substantial tax in recent years.

Patrick McCafferty KC, for the QBA, told the court Mr Di Carlo had not “paid a cent” of income tax or GST on the more than one million dollars which he had been paid in the past three years.

The court was told earlier this week that Mr Di Carlo is alleged to have an outstanding debt to the Australian Taxation Office of $398,329.

Mr Di Carlo still has criminal proceedings scheduled for February 2025 – in which he stands charged with offences including two counts of perjury.

Sam Di Carlo arriving at Supreme Court of Queensland, Brisbane. Picture: Liam Kidston

Mr Di Carlo said in his apology that the last seven years “seemed to be a rollercoaster of events constantly”.

“One of the ways I survived was by concentrating on my clients and concentrating on their cases and doing the best I could.”

But he said recent events had made him realise it was “also highly important” that he looked after his own affairs.

“That didn’t happen – and the problem with that is that it resulted in me letting down the Bar Association, QCAT, and taking up the court’s time, the Bar Association’s time, and then again my family – as well as myself, because I did have a lot of pride in myself and my work.

“ … I have always had respect for the courts, my colleagues, and will always have respect for the courts and my colleagues.”

Mr Di Carlo said he had never misrepresented himself to the court or misled a colleague.

But he admitted he “(couldn’t) even comprehend” his “stupidity” in choosing to go to China in August this year when he was supposed to be at court.

A warrant had been issued at the time after Mr Di Carlo failed to show up to court proceedings surrounding his $240,000 debt to corrupt ex-mayor Paul Pisasale’s brothel madam, Choonhwa “Pam” Lee.

“It was wrong and I apologise sincerely,” Mr Di Carlo told the court on Thursday.

“To say it was cavalier is being generous to me.”

Mr Di Carlo said he also couldn’t “begin to think” why he didn’t “push the issue of going into another plan of some sort with the taxation department at that particular time.”

“There was so much going on – I don’t use that as an excuse, the obligation is mine,” he explained.

“The last 90 days have been the most difficult days of my life because I’ve not only let everybody else down, but my clients as well.”

“I’d like to think I’m not bad intentioned, but I made bad mistakes and I apologise to the court, the bar association, and my colleagues, and the public at large for my stupidity.”

Mr McCafferty said the current hearing was simply to assess whether Mr Di Carlo was presently unfit to practice – not permanently.

Even if Mr Di Carlo was unsuccessful in reinstating his current practising certificate, he will be able to apply for a new one in a year, the court was told.

Mr McCafferty said Mr Di Carlo had made “zero attempt” to pay his tax debt, and offered no proper explanation as to why he hadn’t paid tax in years.

Justice Thomas Bradley said he would deliver his decision on December 9.