Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 5.09

Admissibility of affidavit

(1) The following affidavits may be relied on as evidence in chief at the hearing of an interim or procedural application:

(a)
subject to rule 9.07, one affidavit by each party;

(b)
one affidavit by each witness, provided the evidence is relevant and cannot be given by a party.

(2)
If an application is for a parenting order, the affidavit mentioned in paragraph (1) (a) must be in the form approved by the Principal Registrar.

Note 1
Subrule 15.06 (1) provides that an affidavit may be relied on at a hearing or trial only if it was filed and served in accordance with these Rules or an order.
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'. 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 3
Rule 15.21 provides that a party must not, without the court's permission, request the issue of more than 3 subpoenas for the hearing of an Application in a Case (Form 2). However, a child representative may request the issue of more than 3 subpoenas (see subrule 15.21 (2)).



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