Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An application for the issue of an examination summons must be made by filing an interlocutory process or an originating process, as the case requires.
(2) The application may be made without notice to any person.
(3) The originating process, or interlocutory process, seeking the issue of the examination summons must be:
(a) supported by an affidavit stating the facts in support of the process; and
(b) accompanied by a draft examination summons.
(4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate:
(a) "Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001 "; or
(b) "Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001 ".
(4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit:
(a) must be marked "Confidential"; and
(b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate:
(i) "Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001 "; or
(ii) "Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001 ".
(5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
(6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
(7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person.
(8) An examination summons must be in accordance with Form 17.