(1) The court may order material to be struck out of an affidavit if the material:

(a)

is inadmissible, unnecessary, irrelevant, unreasonably long, scandalous or argumentative; or

(b)

sets out the opinion of a person who is not qualified to give it.

(2)

If the court orders material to be struck out of an affidavit, the party who filed the affidavit may be ordered to pay the costs thrown away of any other party because of the material struck out.

Note 1
Only a person who is an expert in a particular area may give an opinion on a matter relating to that area of expertise (see Part 15.5). Section 76 of the Evidence Act 1995 , subsection (1) of which provides that `evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed', does not apply to expert evidence (see section 79 of the Evidence Act 1995 ). However, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.
Note 2
Section 75 of the Evidence Act 1995 provides that `In an interlocutory proceeding, the hearsay rule does not apply to evidence if the party who adduces it also adduces evidence of its source.'.