An applicant for a stay of Industrial Relations Commission orders pending appeal under s 87(3) of the Industrial Relations Act 1979 (WA) must demonstrate special or exceptional circumstances, exercised sparingly and with caution. Conclusory evidence of financial hardship, without direct evidence of assets, liabilities, income and expenses, is ordinarily insufficient, particularly where the appeal is not shown to have strong prospects of success. The existence of pending criminal proceedings and the presumption of innocence do not of themselves affect the balance of convenience.
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