Di Carlo v Bar Association of Queensland

[2025] QCA 143

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Professions and Trades
2. › Lawyers
3. › Practising certificates
4. › Refusal to renew
5. › Fit and proper person
6. › Repeated disclosure failures
7. › Defiance of court summons
8. › Non-payment of tax obligations
9. › Bankruptcy
10. › Whether QCAT erred in confirming refusal to renew practising certificate
11. › Legal Profession Act 2007 (Qld), ss 9, 46, 51(5)
1. Professions and Trades
2. › Lawyers
3. › Practising certificates
4. › Conditions on practising certificate
5. › Whether tribunal erred in failing to give adequate consideration to proposed conditions
1. Administrative Law
2. › Tribunals
3. › Review of decisions
4. › Fresh hearing on the merits
5. › Whether tribunal conducted proper merits review
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 20(1), 153, 154
1. Appeal
2. › Standard of appellate review
3. › Appeal from tribunal by way of rehearing
4. › Correctness standard
5. › Appellate restraint in relation to findings of fact
6. › Whether findings of fact consistent with the evidence

Quick Take

Repeated failures to disclose suitability matters over several years, defiance of a court summons, and prolonged non-payment of tax obligations, even when explained by personal stressors and mental health difficulties, can cumulatively support a finding that a barrister is not a fit and proper person to hold a practising certificate.