Western Australian Current Acts Western Australian Current Acts (1) At a hearing fixed
under section 26(2), a final order hearing for an FVRO or a hearing fixed
under section 47 for an FVRO —
(a) a
court is not bound by the rules of evidence; and
(b) a
court may inform itself on any matter in such manner as it considers
appropriate; and
(c)
without limiting paragraph (b), evidence of a representation about a matter
that is relevant to the application is admissible as evidence, despite the
rule against hearsay.
(2) The court may give
such weight as it thinks fit to evidence admitted under subsection (1)(c).
(2A) Except as
otherwise provided in this Act, at a final order hearing for an FVRO, the
court may refuse to admit, or may limit the use to be made of, evidence if
—
(a) the
court is satisfied it is just and equitable to do so; or
(b) the
probative value of the evidence is substantially outweighed by the danger that
the evidence may be unfairly prejudicial to a party or misleading or
confusing.
(3) In this section
—
representation includes an express or implied
representation, whether oral or in writing, and a representation inferred from
conduct.
[Section 44A inserted: No. 38 of 2004 s. 26;
amended: No. 49 of 2016 s. 49.]