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