Western Australian Family Violence Prevention Legal Service Aboriginal Corporation (ICN 7333) v Natalia Suzanne Eggett
Chief Commissioner Kenner
Not yet cited by other cases
Applicant: Western Australian Family Violence Prevention Legal Service Aboriginal Corporation (ICN 7333)
Respondent: Natalia Suzanne Eggett
Ratio
The Chief Commissioner granted a stay of operation of orders made by the Industrial Magistrates Court pending appeal, and ordered the applicant to place $35,000 into trust pending determination of the appeal, with disbursement to follow the Commission's decision on the merits.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Appeal from Industrial Magistrates Court decision made 25 March 2026
- Applicant sought stay of operation of orders 1 and 2 from IMC decision
- Respondent did not appear at hearing
- Applicant proposed trust arrangement for contested sum ($35,000)
- Hearing conducted 30 April 2026
Factors
For
- Applicant demonstrated sufficient interest to bring appeal
- Appeal properly instituted within s84(6) of the IR Act 1979 (WA)
- Trust arrangement proposed to preserve status quo pending appeal determination
Against
Concept tags · 4
Principles · 1
articulates para 1
An applicant must have sufficient interest as required by s84(6) of the Industrial Relations Act 1979 (WA) to be entitled to apply for a stay or other orders on appeal
Archived text (378 words)
A STAY OF OPERATION OF THE ORDER IN MATTER NUMBER M 71 OF 2025 WHICH IS THE SUBJECT OF FBA 11 OF 2026 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Family Violence Prevention Legal Service Aboriginal Corporation (ICN 7333) APPLICANT - v - Natalia Suzanne Eggett RESPONDENT CORAM Chief Commissioner S J Kenner DATE FRID ay, 1 MAY 2026 FILE NO/S PRES 5 OF 2026 CITATION NO. 2026 WAIRC 00263 Result Order and d eclaration issued Appearances Applicant Mr S Pack of counsel Respondent No appearance Order and Declaration This matter having come on for hearing before me on 30 April 2026, and having heard Mr S Pack of counsel on behalf of the applicant and there being no appearance by the respondent, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and for reasons to be published in due course , it is ordered and declared – ( 1 ) THAT the applicant has a sufficient interest as required by s 84(6) of the Act and is therefore entitled to apply for orders which appear hereunder. ( 2 ) THAT appeal No. FBA 11 of 2026 has been instituted within the meaning of s 84(6) of the Act. ( 3 ) THAT the operation of orders 1 and 2 of the Industrial Magistrates Court made on 25 March 2026 in application M 71 of 2025 be and are hereby stayed, pending the hearing and determination of the appeal or until further order. ( 4 ) THAT the applicant places the sum of $35,000 into a trust account operated by Pragma Lawyers, solicitors for the applicant, pending the hearing and determination of the appeal, by close of business 4 May 2026. ( 5 ) THAT within 14 days of the determination of the appeal, disbursement be made of the sum awarded in accordance with the decision of the Commission in its determination of the appeal. ( 6 ) THAT on disbursement of the sum awarded to the party in accordance with par 5 of this order, any interest earned on the trust account shall be paid to the party to whom the money is disbursed. ( 7 ) THAT there be liberty to apply generally in relation to this order. CHIEF COMMISSIONER SJ KENNER